Does the property have the right to restrict residents access to the community garden?

A: The security practices of the property management company are inadequate.

According to Article 70 of the Property Law, the owner shall have the ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall have the right of co-ownership and joint management of the common parts other than the exclusive parts.

- The garden on the roof is a common part other than the owner's exclusive part, and the owner has the right to co-ownership and co-management.

On the premise of not harming the legitimate rights and interests of other owners, the owner goes to the roof garden to "see the night view and chat" is to exercise its co-ownership. The property company's "rule that residents are not allowed to stay in the garden after 10 p.m." is due to the fact that some owners have influenced other owners in exercising this power. The property management company has the obligation to maintain the order of the public area, and should determine the opening hours of the roof garden after consultation with the owners' general meeting or the owners' committee, (this content can also be included in the "Management Regulations" of the community) to eliminate the impact on others.

In this case, the property management company's manner of maintaining order was improper, and the security personnel who maintained order lacked professional training, and their words and actions were unacceptable, resulting in disputes. The parties can reflect and communicate with the property management center in order to urge them to do a good job in staff training, improve the level of property management, and better manage the community.

Of course this is unreasonable! It's illegal, go and complain to them, what a company!

Legal analysisThe property management company and the owner should first negotiate the settlement, and if necessary, the owner can show whether the management rules and regulations of the community property clearly prohibit the parking of vehicles in the community.

Legal basisArticle 274 of the Civil Code of the People's Republic of China Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual.

Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Property 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 consent of the owners' committee and the property management service enterprise shall be obtained; 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 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.

Legal analysis

According to the relevant regulations of our country, there is no absolute right to prohibit the property, but the owner has the responsibility to cooperate for the sake of public safety. If the owner legally parks the vehicle in a designated area, the property generally has no right to interfere. Because in the building zoning, the parking spaces and garages planned for parking cars are purchased or leased by the owner, and belong to the owner.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common. The owner has the right to occupy, use, benefit and dispose of the parking space at will. If the owner illegally occupies the common area for vehicle parking, it is an obvious act of encroachment on the common area, and the property has the right to stop it.

The developer takes into account the floor area of the underground garage when calculating the shared area. This is to meet the living needs of the owners in the community and provide parking spaces to them, which is a public supporting facility, and the property rights should belong to all owners.

Legal basis: Article 45 of the Property Management Regulations on the property management area in violation of the relevant laws and regulations on public security, environmental protection, property decoration and use, property service enterprises shall be stopped, and report to the relevant administrative departments in a timely manner. 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.

Derivative question: Does the property have the right to turn off the owner's water and electricity?

The property does not have the right to turn off the owner's water and electricity. According to the Civil Code of the People's Republic of China, property service providers shall not stop the supply of electricity, water, heat, gas and other methods to urge the payment of property fees. The right holders who have the right to cut off water and electricity are water supply companies and electricity companies, not property service companies.

Legal Analysis: The property does not have the right to prohibit outside vehicles from entering the community. Generally, vehicles can enter the community, but if the parking spaces in the community are too tight, the community property can manage the vehicles to prevent too many vehicles.

The ownership and use rights of the roads in the community belong to, and in general, they are owned by all the owners. Only the owners of the community have the right to use, benefit and dispose of the roads in the community. Therefore, the roads in the community are not open to the public, and the decision lies with the owners of the community.

Legal basis: Article 46 of the "Property Management Regulations" property service enterprises shall assist in the safety precautions in 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.