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Although the surveillance video data belongs to all owners, the common surveillance video data involves the interests of other owners, and individual owners do not have the right to extract the surveillance video data for viewing based on the requirements for privacy protection of all owners.
An owner is the owner of a property. The owner may be a natural person, legal person or other organization, a citizen or organization of the State or a foreign State. The property is essentially the same as the owner in terms of architecture.
Both refer to property (property) owners. The tenant is not the owner. The owner is the owner of one or more exclusive building spaces or houses in all buildings or within a building zoning.
Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners:
1) Formulate and revise the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises or other managers;
5) Use funds for the maintenance of buildings and their ancillary facilities;
6) Raising funds for the maintenance of buildings and their ancillary facilities;
7) Reconstruction and reconstruction of buildings and their ancillary facilities;
8) Changing the use of the common part or using the common part to engage in business activities;
9) Other major matters related to co-ownership and co-management rights.
Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.
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The owner does not have the right to check the community surveillance. Checking the community monitoring must be under the leadership of the security guard. and with the cooperation of the police of the local police station, they can have the right to check and monitor.
Because a lot of it is a matter of personal privacy. But now some communities don't understand, these may be after you report the case, the security guards of the community can take you to check the monitoring.
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Of course there is a right. However, there must be a formality. Checking and monitoring is a loss to one's own interests.
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Legal analysis: 1. Find a property manager. If it is a small problem in property management, or the attitude of the property staff is not good, you can find a property manager. Strictly speaking, the property manager is the highest decision-maker of the community property and has a lot of autonomy in managing it.
Second, find the street office. The sub-district office is under the jurisdiction of the people of the district, and is responsible for the comprehensive management of the implementation of the guidelines and policies of the district, cultural construction, etc., and has the right to accept and assist in negotiation of property complaints.
3. Find the housing management department. The housing management department, i.e., the housing authority, is generally responsible for policy changes and supervision in housing security, construction, system reform, market supervision, property management and housing management.
Whether the housing authority can manage affairs mainly depends on whether the real estate management bureau has a direct administrative subordinate relationship with the property management company. If there is a relationship, then everything is in charge. If it has no relationship, it mainly supervises the pricing standards and service content of the property management company.
Fourth, find the business committee. The owners' committee is referred to as the owners' committee, which is composed of the owners' representatives in the property management area, and the members of the owners' committee are elected by election. Therefore, to a large extent, it will take the interests of the owners as the starting point, reflect the wishes and requirements of the owners, and supervise the management and operation of the property management company.
Complaints from property owners can be accepted.
5. Developers. The general practice in China is that after the development of the community, the developer chooses a company with which it has a business relationship or a property company established by the developer itself to manage it. This kind of property company often has to bear too much pressure on the quality repair work for the developer, so the corresponding housing quality and repair problems can generally be solved by looking for this kind of property.
When it comes to such complaints, the developer is also obliged to accept them.
6. Complaint Agency. Third-party property complaint mediation institutions such as "Faithful Servant" are a product of the rapid development of the Internet era. The advantage is that the complaint feedback is fast and someone will follow up, and the owner does not need to spend time and effort to deal with the property.
Legal basis: Property Management Regulations
46th property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property management enterprises shall stop, and timely report to the relevant administrative departments.
After receiving the report of the property management enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
Article 47 Property management enterprises shall assist in the safety precautions within the property management area. In the event of a safety accident, the property management 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 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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The property monitoring of the community is not allowed to be viewed casually. Although the surveillance video data belongs to all the owners, but the common surveillance video data involves the interests of other owners, based on the consideration of the requirements for the privacy protection of all owners, individual owners do not have the right to extract the surveillance video data for viewing, but can be extracted and viewed through the public security department, and can also be transferred to the public security department in the supervision of the monitoring screenshot part of the video involving related things, and provide it to the owners for viewing and copying.
Legal basis] Article 72 of the Property Law stipulates that the owner shall have rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.
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No, if you want to check the monitoring, call the police first. The owner does not have this right.
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If the owner has lost property, or other legitimate reasons, he can explain the situation with the property of the community, or apply to the local public security department to view, when viewing, must be under the supervision of the property or public security personnel to access the monitoring screen of the community.
According to Article 273 of the Civil Code, the owner has rights and obligations to the common parts other than the exclusive part of the building, and shall not fail to perform the obligations on the grounds of waiver of rights.
The rights enjoyed by owners include: the right to serve, the right to suggest, the right to vote, the right to vote and to be elected, the right to supervise, the right to know, and other rights stipulated by laws and regulations. Therefore, the owner has the right to know and know the important information about the person in the community where he is located.
If the owner suffers an infringement and really needs to check the monitoring, the property must first confirm the true identity of the owner, and secondly, the property has the responsibility to confirm the time, place, nature and other information of the owner's rights and interests being infringed, and then provide the owner with video data at a specific time and place, and after the consent of the property supervisor, accompanied by the person designated by the property to view.
If the property is really not allowed to be viewed, you can also call 110 to call the police, and under the supervision of the public security department, the surveillance screenshot part of the video involving related things will be retrieved and provided to the owner for viewing or copying.
Where is the monitoring of the community generally installed.
1. The main entrance and exit of the community. The main entrance and exit of the community is a very large area of the community, and it is also a place where all businesses and visitors enter and exit frequently.
2. The main square and the central landscape. The main square and landscape area of the community are one of the public places for some owners of the community to rest and entertain.
3. The perimeter wall of the community. The perimeter fence area of the community cooperates with the electronic land trap fence for early mindfulness to carry out integrated deployment and control to prevent outsiders from climbing over the fence and entering the community.
4. Shops on the street in the community. The shops on the street in the community belong to the commercial public area to prevent the occurrence of public security problems, such as petty theft, night theft and similar incidents.
5. Roads in the community. Surveillance cameras on the roads and various forks in the community are used to monitor the behavior of people entering and leaving. In the daily situation, it seems to have little effect, once a security incident occurs in the community, the surveillance camera in the area can well grasp the behavior trajectory of the criminals.
6. The entrance and exit of the community. Some non-main entrances and exits of the community, such as emergency passages and fire escapes, are usually closed in Pingqing Prefecture and will only be opened when emergencies occur. Therefore, in order to prevent the damage of the normally closed door by human factors, it is very necessary to install surveillance cameras.
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