Is it illegal for owners to maintain rights and interests?

Affecting public order is an illegal act of gathering people to make trouble. Just asking for a statement, if there are no other illegal acts, it is not a riot. However, in order to safeguard their legitimate rights and interests, it is best to elect owners' representatives to safeguard their rights.

Ways for owners to protect their rights: owners can complain to the local housing authority through the owners' meeting or the local housing authority, and deal with specific infringements according to different management departments. The owner of the house is the owner. Owners enjoy the following rights in property management activities:

Accepting the services provided by the realty service enterprise according to the stipulations of the realty service contract; Propose to convene a meeting of the owners' congress and make suggestions on matters related to property management; Participate in the owners' meeting and exercise the right to vote; Elect members of the owners' committee and enjoy the right to be elected; (Other rights stipulated by laws and regulations.

Owners should pay attention to the following points when defending their rights:

1. Pay attention to sign the contract. The service content provided by the property management company should be clear, and the service standard reached by each service content should be quantified. For example, the property management company is required to provide three-level services, and the public corridor is cleaned 1 time every day.

2, according to the terms of the contract to judge whether the service of the property enterprise is in place. There is a contractual relationship between the owner and the property management enterprise. The owner must judge whether the daily service of the property management enterprise is in place according to the contract. If it is stipulated in the contract that the property management enterprise cleans the corridor 1 time every day, and the cleaning staff completes it according to the agreement, it should be said that the service of the property management enterprise is in place, and the public health between the two cleanings needs the owner's conscious maintenance.

3. It is necessary to clarify the person responsible for rights protection. Clear responsibility is the premise of owners' rights protection, and owners must know the object of rights protection before rights protection. Some often have conflicts with property companies because of problems left by developers, failure to apply for real estate licenses, personal property damage and other reasons. These are not the contents agreed in the property service contract and do not belong to the responsibility of the property company. The fourth is rational rights protection.

In short, the contradictions and disputes between the owners and the property management company should be resolved through consultation between the two parties as far as possible. If the two parties can't coordinate, they can apply for mediation to the district and county property office where the community is located, or they can bring a lawsuit to the court according to law.

legal ground

Article 277 of the Civil Code of People's Republic of China (PRC) establishes, guides and assists owners' autonomous management organizations. Owners may establish owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations. The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 278 The following matters shall be decided by the owner and voted by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.