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Does the property's refusal to keep the key violate the relevant regulations of the property?
1. Does the property have the right to detain the owner's key?
The law clearly stipulates that owners must fulfill their obligation to pay property fees. The property's refusal to provide keys is also suspected of infringing on the legitimate rights and interests of others, which is inappropriate.
When buying a house, the owner and the developer form a kind of commercial housing sales relationship, and the commercial housing sales contract is the embodiment of their legal relationship. In this legal relationship, both the owner and the realty service enterprise have various rights and obligations, but for the developer, the most fundamental right is to collect the owner's purchase price, and the most fundamental obligation is to deliver the house to the owner. The owner has paid all the purchase price to the developer in accordance with the agreement of the commercial housing sales contract, and the developer shall fulfill the obligation of delivering the house to the owner, otherwise it shall bear the liability for breach of contract in accordance with the agreement of the commercial housing sales contract.
From a legal point of view, commercial housing sales and property management are two independent legal relationships and should not be confused with each other. No matter how the relationship between the owner and the property service enterprise is, it is the content of the property management relationship, and has nothing to do with the legal relationship of commercial housing sales. If the developer regards the owner's obligation to complete the property management relationship as a condition for the delivery of commercial housing, it will increase the owner's contractual obligations and responsibilities in disguise, which is inconsistent with the commercial housing sales contract and relevant laws and regulations.
Second, the rights of property management companies.
(a) the property management company shall, in accordance with the relevant laws and regulations, combined with the actual situation, formulate measures for the management of the community;
(two) in accordance with the property management contract and management measures to implement the management of residential areas;
(three) in accordance with the property management contract and the relevant provisions of the management fee;
(four) have the right to stop acts in violation of rules and regulations;
(five) have the right to request the CMC to assist in management;
(six) have the right to hire franchise companies (such as cleaning companies, security companies, etc.). ) to undertake special management business;
(seven) can implement a variety of business, with its income to supplement the management funds of the community.
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