Is it legal for the property to install elevator cards without authorization?

In order to facilitate the management and service of the owners, many properties may install elevator cards in the elevators. This behavior is good for the owner, but it may also bring some inconvenience. Some owners may object. Then, is it legal for the property to install the elevator card without authorization? Let's take a closer look. 1. Is it legal for the property to install elevator cards without authorization?

Whether the installation of elevator credit card system by the property company infringes on the rights and interests of the owners depends on whether there is subjective fault in the behavior of the property company. According to the law, the owner enjoys the ownership of the exclusive parts of buildings such as houses and business premises, and the condominium of the parts other than the exclusive parts. Owners can set up owners' meetings and elect owners' committees. The decision of the owners' congress or the owners' committee is binding on the owners; If the property company's management behavior of the community is not approved or authorized by the owners' assembly or the owners' committee, it should undoubtedly not be allowed, but if it is approved or authorized by the owners' assembly or the owners' committee, the management behavior of the property company is legal.

Second, how to calculate the stamp duty on real estate contracts?

According to the Provisional Regulations on Stamp Duty in People's Republic of China (PRC) and its detailed rules for implementation, the property management contract signed by the property management company and the owner does not belong to the taxable category of stamp duty, and stamp duty should not be levied.

As the service items related to property fees are not listed in the tax items and tax rates table, property fees are not within the scope of stamp duty collection. On the basis of listing two kinds of economic matters separately, the contracts signed by the above-mentioned enterprises should be calculated separately, and the rental part of the house is only applicable to one thousandth of the rental amount recorded in the real estate lease contract.

Transaction stamp duty: residential 0, non-residential 0.05%.

Third, is it legal for the property to stop water?

The property service contract is signed by the property company and the owner, and the water supply and power supply contract is signed by the owner and the power supply bureau and water supply company. These are two parallel and independent legal relations.

Property companies only maintain water supply and power supply equipment, not water and electricity suppliers. The providers of water and electricity are water supply companies and power supply bureaus. According to the relevant provisions of China's civil code, the water supply and power supply between the owner and the water supply company and power supply bureau is a contractual relationship. The water supply company or power supply company has the right to stop water supply and power supply only if the owner has a contract agreement and state regulations.

As can be seen from the above, the property company provides property services, and water supply and power supply is the responsibility of the water supply department. It is definitely wrong for a property company to take such action by taking advantage of its work. If water and electricity are directly cut off, the property management company is wrong, because as a property management company, it should take the principle of maintaining the harmony of the community, and can help the owners who are in arrears to do ideological work through the industry Committee and neighborhood Committee to achieve the purpose of recovering property fees. If the owner refuses to pay the property fee without justifiable reasons, the property company can defend its rights through litigation.

The above details whether it is legal for you to install the elevator card without authorization. Whether it is legal for the property to install the elevator card without authorization depends on the specific situation and whether it has been approved by the owners' meeting.