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Does the property have the right to prevent the owner from renovating?
If there are illegal operations in house decoration, or the decoration time exceeds the normal time, it has disturbed the normal rest of other households. In this case, the property management company has the right to stop. According to the relevant regulations, the owner has the following three obligations while enjoying the rights:
1. Obligation to pay property fees. Paying property fees is the main payment obligation of the owners. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. "This is a reminder from the property service personnel as a pre-procedure for filing a lawsuit or applying for arbitration. At the same time, it also means that the property service person can only urge the delivery by urging the delivery, and shall not stop the power supply, water, gas and heat.
2, the owner's obligation to assist. Property decoration is a way for owners to exercise exclusive ownership, but decoration will have a direct impact on the interests of other owners. Improper decoration will endanger the safety of buildings, prevent property service providers from providing property services properly and endanger the interests of other owners. Property service providers should properly manage, guide and supervise the renovation activities of owners, so as to prevent damage to the legitimate rights and interests of owners' groups and other owners. This is an inevitable requirement for property service providers to perform property service contracts and realize effective management and maintenance of properties.
3, the owner's obligation to inform. The owner's right to transfer or lease the exclusive part of the property and establish the right of residence belongs to the owner's right according to the exclusive right. However, these behaviors all involve the change of the relative person of property services. The owner has the obligation to inform the property service provider, which can make the property service provider know the situation to the maximum extent, know the real use of the relevant property, determine the subject of the property service and the object of the property service provider's request for relief, and create the premise for the timely provision of the property service and the effective maintenance of the property service area. If the owner changes some uses of * * * according to law, he shall inform the property service person after handling the relevant formalities according to law.
Owners enjoy the following rights in property management activities:
1. Accept the services provided by the realty service enterprise according to the stipulations of the realty service contract;
2. Propose to convene a meeting of the owners' congress to make suggestions on matters related to property management;
3. Put forward suggestions on formulating and amending the management regulations and the rules of procedure of the owners' congress;
4. Participate in the owners' meeting and exercise the right to vote;
5. Elect members of the owners' committee and enjoy the right to be elected;
6. Supervise the work of the owners' committee;
7, supervise the realty service enterprise to perform the realty service contract;
8. Enjoy the right to know and supervise the parts, facilities and equipment used in the property and the use of related sites;
9. Supervise the management and use of special maintenance funds for * * * parts and facilities of the property (hereinafter referred to as special maintenance funds);
10, other rights stipulated by laws and regulations.
To sum up, the property management enterprise should stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the property management area, and report to the relevant administrative departments in a timely manner. In the process of decoration, the property service company has the right to stop the owner from changing the structure, appearance and use of the house without authorization in violation of the management regulations.
Legal basis:
Article 945th of the Civil Code of People's Republic of China (PRC).
When the owner decorates the house, he shall inform the property service provider in advance, observe the reasonable precautions prompted by the property service provider, and cooperate with him to conduct necessary on-site inspections.
If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of part of the property, it shall promptly inform the property service provider of the relevant information.
Article nine hundred and thirty-eight
The contents of the realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.
The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The realty service contract shall be in written form.
Article 944
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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