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Does the property management company have the right to restrict the passage of the owner's vehicles?
Legal analysis
Whether the property management company has the right to restrict the passage of the owner's vehicles needs to be decided according to the relevant circumstances. Property management generally includes public security issues, water, electricity, gas and other issues in the community. The quality of a residential area is inseparable from the property in the area, and it is also closely related to relevant laws and regulations, ensuring the smooth progress of property management. In property management activities, property management enterprises and owners are civil legal relations based on property service contracts, and they are equal civil subjects. The owners' congress and the owners' congress entrust the property management enterprises to provide what property management services and what standards they meet, which should be clearly stipulated in the contract. Property management enterprises shall provide services in accordance with the contract. Owners are responsible subjects, and property management companies are service subjects. Disputes over breach of contract between the two parties belong to civil disputes and can be resolved through civil mediation or civil litigation. Types of services provided by property companies; Standards and payment time of various property fees; Rights and obligations of the owner; Rights and obligations of the property management company; Liability for breach of the convention; Solutions to legal disputes, etc. In real life, conventions are often formulated by property companies, and unfair terms often appear. Owners can raise funds through their own authority, owners' meeting and owners' committee. If the property company refuses to modify it, the unfair terms will not be recognized by law.
legal ground
property management regulations
Article 33 A property management area is managed by a property service enterprise.
Article 61 If a construction unit violates the provisions of these Regulations and fails to allocate necessary property management premises in the property management area, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.
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