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The property does not have the right to stop the owner's right to use the elevator (except for the monthly maintenance of the elevator on time). If the landlord is in arrears on strata fees.
Property can be quality legal. Failure to pay strata fees with the owner shall not interfere with the rights of the owner.
1. You can find the community business committee.
Negotiation, asking all owners to request property rectification. If the property still falls on deaf ears, please file a complaint with the Housing Administration Bureau (Housing Office) where the property is located, which is responsible for supervising and correcting the property.
2. One of the components of the property fee is the maintenance and maintenance of the community, public parts of the equipment, and the elevator belongs to special equipment.
Every year, it must be strictly inspected, and those that do not meet the specifications must be rectified.
In accordance with the Property Management Ordinance.
Stipulate. Article 6.
The owner of the house is the owner. Owners have the following rights in property management activities:
1. Accept the services provided by the property service enterprise in accordance with the property service contract;
2. Propose to convene a meeting of the owners' general meeting and make suggestions on matters related to property management;
3. Propose to formulate and revise the management regulations and the rules of procedure of the owners' general meeting;
4. Participate in the meeting of the general meeting of owners and exercise the right to vote;
5. Elect the owners' committee.
members, and have the right to be elected;
6. Supervise the work of the owners' committee;
7. Supervise the performance of property service contracts by property service enterprises;
8. Have the right to know the common parts of the property, the common facilities and equipment and the use of related sites.
and the right to supervision; 9. Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10. Other rights stipulated by laws and regulations.
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The property does not have the right to stop the elevator without authorization.
In accordance with the Property Management Ordinance.
Article 2. The term "property management" as used in these Regulations refers to the activities in which the owners select and hire property management service enterprises, and the owners and property management service enterprises carry out repair, maintenance and management of houses and supporting facilities and equipment and related sites in accordance with the property management service contract, and maintain environmental sanitation and related order in the property management area.
According to this article, the property management company should ensure the normal operation of supporting facilities and equipment and ensure the legitimate rights and interests of the owners.
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According to the relevant provisions of Article 58 and Article 66, the property cannot endanger the public interest, and the ladder cannot be stopped, and the property of the owner who does not pay the fee can be implemented according to Article 67, and most of the interests cannot be damaged because of a part of the property fee not paid.
The "Decision on Amending the Property Management Regulations" is hereby promulgated, which shall come into force on October 1, 2007.
Article 58.
In violation of the provisions of these Regulations, the construction unit disposes of the ownership or right to use the common parts of the property and the common facilities and equipment belonging to the owner without authorization, and the local people's ** real estate administrative department at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owner, they shall be liable for compensation in accordance with law.
Article 66.
In violation of the provisions of these Regulations, any of the following acts shall be ordered by the local people's ** real estate administrative department at or above the county level to make corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the owners' general meeting
A) unauthorized change in the property management area in accordance with the planning of the construction of public buildings and common facilities;
2) Unauthorized occupation or excavation of roads and sites in the property management area, harming the common interests of the owners;
3) Unauthorized use of common parts of the property, common facilities and equipment for business.
Where individuals have any of the conduct provided for in the preceding paragraph, a fine of between 1,000 and 10,000 RMB is to be given; Where units have any of the conduct provided for in the preceding paragraph, a fine of between 50,000 and 200,000 RMB is to be given.
Article 67.
If the owner fails to pay the property service fee within the time limit in violation of the property management service contract, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.
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First of all, the property certainly does not have the right to deactivate the elevator.
Most of them still paid the property fee, and the property cannot deprive these residents of the right to use the elevator.
However, there is a certain reason for the property to stop using the elevator, and the property company will pay a certain amount of elevator maintenance fees to the manufacturer or maintenance unit every year, which is paid for the residents.
The light in the elevator is dim, and the elevator purchased by the developer has been decorated before leaving the factory, but the property can spend money to find a manufacturer or maintenance unit to replace it.
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The property has the right to stop the elevator in the following cases:
1 When the elevator is not operating properly. The elevator can be parked for safety.
2. The elevator maintenance unit can stop the elevator when the maintenance work is underway. There are generally warning signs and warning fences when the elevator is maintained.
3 The elevator is undergoing a safety check.
As well as other matters related to the safe operation of the elevator, the elevator has the right to stop.
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First of all, the property does not have the right to turn off the elevator that has no operating advantageous fault; Secondly, most owners who pay property fees normally should defend their rights.
You have to find out who is responsible, who is violating your rights. If the quality of property service does not meet the requirements of the property service contract, the property management company can be dismissed through the owners' committee, but the property fee must be paid.
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The property does not have the right to deactivate the elevator, but if the elevator fails to pass the annual inspection. The elevator is to stop running until the rectification is qualified. If the property does not have the money to repair the elevator on the grounds that someone has not paid the property fee.
At the same time, the rectification order of the technical supervision department was issued, which is more difficult to do in this case. The most direct way: ** local technical supervision department, direct complaints.
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But the property stopped our elevator
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Legal basis: Article 6 of the Property Management Regulations The owner of the house is the owner. Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise; (2) Propose to convene a general meeting of owners and make recommendations on matters related to property management; (3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners; (4) Participate in the meeting of the general meeting of owners and exercise the right to vote; (5) To elect the members of the owners' committee and enjoy the right to be elected; (6) To supervise the work of the owners' committee; (7) Supervise the performance of property service contracts by property service enterprises; (8) Enjoy the right to know and supervise the use of the common parts, common facilities and equipment and related sites of the collision property; (9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds); (10) Other rights provided for by laws and regulations.
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Legal analysisThe owner selects a property service company, and the owner and the property service company shall carry out corresponding maintenance, maintenance and management of the house and supporting facilities and equipment and related sites in accordance with the provisions of the property service contract, and maintain the environmental sanitation and related order activities in the property management area.
Legal basisProperty Management Regulations.
Article 50 Owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, harming the common interests of the owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the owners' committee shall be consulted.
and the consent of the property service business; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee. Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit. Article 7 The owner shall perform the following obligations in the property management activities:
1) Abide by the management statute and the rules of procedure of the general meeting of owners; (2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation in the property management area.
3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fees on time; (6) Other obligations provided for by laws and regulations.
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Legal analysis: If the property management company shuts down the elevator on the grounds of not paying the property fee, restricts the owner from taking the elevator, and even the owner who has paid the fee cannot use the elevator, it seriously infringes on the legitimate rights and interests of the owner. Owners can coordinate with the property through the owners' committee, or they can complain to the property management department of the real estate bureau, or protect their rights through the consumer association.
Legal basis: Property Management Regulations
Article 35 property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.
Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
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Legal analysis: The property does not have the right to stop the owner's right to use the elevator (except for the monthly elevator maintenance). If the landlord is in arrears on strata fees, the property can be quality law. Failure to pay strata fees with the owner shall not interfere with the rights of the owner.
1. You can negotiate with the community property committee and ask all owners to request property rectification. If the property still ignores the arguments, please lodge a complaint with the Housing Administration Bureau (Housing Office) where the property is located, which is responsible for supervising and correcting the property.
2. One of the components of the property fee is the maintenance and maintenance of the key infiltration of the community, the public part of the equipment, the elevator is a special equipment, and it must be strictly inspected every year, and it must be rectified if it does not meet the specifications.
Legal basis: Article 6 of the Property Management Regulations The owner of the house is the owner. Owners have the following rights in property management activities:
1. Accept the services provided by the property service enterprise in accordance with the property service contract;
2. Propose to convene a meeting of the owners' general meeting and make suggestions on matters related to property management;
3. Propose to formulate and revise the management regulations and the rules of procedure of the owners' general meeting;
4. Participate in the meeting of the general meeting of owners and exercise the right to vote;
5. Elect the members of the owners' committee and enjoy the right to be elected;
6. Supervise the work of the owners' committee;
7. Supervise the performance of property service contracts by property service enterprises;
8. The right to know and supervise the use of the common parts of the property, common facilities and equipment and related sites;
9. Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10. Other rights stipulated by laws and regulations.
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You can negotiate with the community property committee, and if all the owners request the property to be rectified, if the property still falls on deaf ears, you can complain to the housing administration bureau where the property is located.
Legal basis: Article 6 of the Property Management Regulations The owner of the house is the owner. Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise; (2) Propose to convene a general meeting of owners and make recommendations on matters related to property management; (3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners; (4) Participate in the meeting of the general meeting of owners and exercise the right to vote; (5) To elect the members of the owners' committee and enjoy the right to be elected; (6) To supervise the work of the owners' committee; (7) Supervise the performance of property service contracts by property service enterprises; (8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites; (9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds); (10) Other rights provided for by laws and regulations.
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The property does not have the right to stop the elevator. The property does not have the right to stop the owner's elevator from using the elevator, except for the monthly elevator maintenance. If the owner is in arrears, the property can claim the property fee from the owner in accordance with the provisions of the relevant national laws and regulations.
but shall not interfere with the rights of the owner by failing to pay the property fee.
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