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I believe that the property has a responsibility to manage the construction noise problem at night in the community.
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1. Citizens can complain to the local environmental protection department or the local city management department of the school or 110 to negotiate and solve the problem when the noise disturbs the public. 2. What is noise nuisance: According to the provisions of China's "Noise Emission Standards for Social Living Environment", the noise standard in residential areas should be controlled between 45 decibels and 55 decibels.
3. Relevant laws and regulations and provisions on noise nuisance: 1. In the "Regulations on the Prevention and Control of Environmental Noise Pollution" implemented in 2007, there are clear provisions on noise pollution in residential areas. "Article 38:
From 6 p.m. to 8 p.m. the next day, interior decoration activities that may cause noise are not allowed in residential buildings that have been completed and put into use. If the interior decoration operation is carried out at other times, noise control measures shall be taken to avoid environmental noise pollution to the surroundings. 2. The "Regulations" also include the provision that "when any unit or individual uses all kinds of loudspeakers and audio equipment in the concentrated areas of noise-sensitive buildings such as hospitals, schools, institutions, scientific research units, residences, etc., the volume shall be controlled and shall not produce noise that disturbs the people".
3. If residents feel disturbed by noise pollution in the community, they can first report to the property management company and let the property company come forward to coordinate and solve the problem, because the "Regulations" clearly stipulate that "the property management enterprise shall stop the environmental noise pollution in the management area and report to the supervision and management department of environmental noise pollution prevention and control in a timely manner." "If the property management company fails to communicate and coordinate, the owner can file a complaint with the environmental protection department on his own.
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Legal Analysis: It is the responsibility of the property to solve the noise nuisance in the community. The problem of neighbors disturbing the people is within the scope of property management, and the property has the obligation to persuade it, and if the persuasion is ineffective, the residents can call the police to deal with it.
In life, if residents feel disturbed by noise pollution in the community, they can first report to the property management company, so that the property company can come forward to coordinate and solve, and the property management company should stop the environmental noise pollution in the management area, and report to the supervision and management department of environmental noise pollution prevention and control in a timely manner. If the communication and coordination of the property management company fails, the owner can also file a complaint with the environmental protection department or report to the police.
Legal basis: "Property Management Regulations" Article 46 Property service enterprises shall assist in the safety precautions within the property management area. In the event of a safety accident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures to assist in the rescue work.
Where property management service enterprises hire security personnel, they shall comply with relevant state provisions. When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.
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Legal analysis: The property management company has the obligation to stop noise disturbance and other behaviors in the community, but does not have the right to take compulsory measures or punishments. It is recommended that after the owner encounters noise intrusion in the community, it is best to negotiate with the other party to solve it first, taking into account the neighborhood relationship, or report to the property for coordination.
If the negotiation fails, you can file a complaint with the relevant department or ask the court for compensation for damages.
Legal basis: "Property Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments.
After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
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Legal Analysis: Property is something that should be managed. First of all, the property has the duty to coordinate and deal with this kind of thing, and the main job responsibility of the property is to manage the service of the common area, which mainly includes the management of health, security and order.
The above behavior is a violation of the owner's covenant and disrupts the order of life, so the property must come forward to coordinate and deal with it.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.
If a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the owner's personal and property safety, it shall bear the corresponding legal responsibility in accordance with law.
Article 47: The rights and obligations of property users in property management activities shall be agreed upon by the owners and property users, but shall not violate the relevant provisions of laws, regulations, and management regulations.
If the property user violates the provisions of these Regulations and the Management Regulations, the relevant owners shall be jointly and severally liable.
The daily management of the underground garage in the general community belongs to the property management, and the underground garage has different attributes because of the different contributions and properties. 1. If it is of the nature of civil air defense, whoever invests will benefit, but it cannot be used in violation of anti-laws and regulations, and the general parking space is only the right to use (no more than 20 years); 2. If it is not civil air defense and the construction money is amortized to the total cost of the community, then it is owned by all the owners; 3. If it is invested by the developer itself, the ownership belongs to the developer.
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