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According to the practice, the property security has the right not to allow outsiders to enter the community, because the outsiders are not the owners of the community, if it is not determined that they are relatives, family members or friends of the owners of the community, the property security has the right to prohibit outsiders from entering the community to prevent theft. Where the law has other provisions, those provisions shall be followed.
Legal analysisAs the manager of the public area, the property of the community has the right to restrict the entry and exit of foreign vehicles in order to maintain the order of the community; However, if the vehicle is owned by the owner of the complex, the property shall not prevent him from entering the complex. Responsibilities of the property management company: The property management company shall, in accordance with the national standards for property management, carry out maintenance and technical management of the properties under its operation and management, including the management of housing safety and quality, the management of housing maintenance technology and the management of housing maintenance and construction; The property equipment that needs to be managed mainly includes water supply and drainage equipment, gas equipment, heating and ventilation equipment, electrical equipment, etc.; The property management company has the obligation to manage the environment of the residential community to meet the standards stipulated by the state, including pollution prevention, environmental cleaning, environmental greening, etc.; Property management companies shall take various measures to ensure the personal and property safety of owners and housing users, manage the security of the community, manage the fire safety of the community, and manage the vehicles and personnel entering and leaving the community.
Community security work. Equipped with full-time security personnel, on duty 24 hours a day to undertake tasks such as guarding checking foreign personnel and passing vehicles; In the event of a safety accident to ensure the safety of the community, 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; 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.
Legal basisProperty 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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The property security has the right to prohibit outsiders from entering the community, because the outsiders are not the owners of the community, and if they cannot be determined to be relatives, family members or friends of the owners of the community, the property security has the right to prohibit outsiders from entering the community to prevent theft.
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Legal Analysis: Community security has the right not to let people in. The main duty of the community security is to serve the owners of the community, and they have the obligation to protect the private life of the owners of the community from being disturbed by outsiders, so they have the right to refuse intermediaries and other business personnel to enter the community.
If outsiders are visiting relatives, they can generally contact the owner through ** first, and then let them enter the community after confirmation, which is within the scope of security responsibilities of the community security.
Legal basis: Article 287 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for the infringement of their legitimate rights and interests.
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Summary. Dear, glad to answer for you. Is it legal for security guards not to let owners into the community? Dear, it's definitely not legal. Ask the security guard to verify your identity and let you go, otherwise you can call the police.
Dear, glad to answer for you. Is it legal for Brother Bao to not let the owners enter the community? Dear, it's definitely not legal. Ask the security guard to verify your identity and go on this trip, otherwise you can call the police.
If the non-owner of the community enters the community, the property security has the right to refuse to enter the community, if it is to visit relatives, it is possible to enter the community after contacting the owner of the industry bridge. This is within the scope of the security duties of the community security guard. Community security can be based on relevant laws and regulations, combined with the actual situation, and community management measures.
In accordance with the property management contract and management measures for the implementation of management of residential communities; the right to stop violations of rules and regulations; The main responsibility of a community security guard is to serve the owners of the community. It is obliged to protect the private life of the owners of the complex from being disturbed by outsiders. Therefore, the right to refuse other business personnel at the intermediary level to enter the community.
It is right to refuse in the face of an unclear and honest situation. But in the case of entrustment from the owners of the complex. You will not be denied entry.
Therefore, the owner does not have to be present in person as long as he greets him.
Don't let the owner's car into the community.
There is no parking space on the ground, I drive an electric car home to charge, live on the first floor, and have my own charging pile.
The property may not be denied a car into the complex because the owner has not purchased a parking space, unless authorized by the general meeting of owners or the owners' committee for this purpose. In fact, within the building zoning, the parking spaces and garages planned for parking cars should first meet the needs of the owners, and at the same time occupy the parking spaces on the roads or other sites shared by the owners for parking cars, and the models are shared by the owners of the sailboats. Therefore, when there are still vacant parking spaces or vacant land available for parking in the community, unless there is a special agreement, the property should be preferentially chongxin first and cannot prevent the owners who have not bought a parking space from driving into the community.
Therefore, whether you can drive into the community does not depend on whether the owner has purchased a parking space, even if the owner has not bought a parking space, the property has no right to stop it at the entrance of the community. If you do not get the consent of the owners' meeting or the owners' committee to do so, it is recommended that the owners whose rights and interests have been infringed can negotiate with the property first.
The property and the developer colluded to sell underground parking spaces.
What if I can't negotiate?
The neighborhood committees and the departments in charge of property are also recommended.
Go to court to sue the property and file a case.
Dear, this is a common technique used by his ambush fighters, but if there is no planned parking space on the ground, you can't park. If the negotiation fails, complain and feedback to the relevant departments, and finally can only sue.
Dear, go to the court to sue the property, your claim is reasonable, the court will file the case, and will mediate first, and finally adjudicate according to the Property Law.
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Unless you can call your customer ** and ask him to come out to pick you up, it will be difficult to get in, because of the epidemic, the management of each community is very strict, and people who are not from the community will not be allowed to enter.
Patrol post job responsibilities:
1. Responsible for public security patrols.
2. Responsible for the verification of suspicious items and personnel in the patrol area.
3. Responsible for fire prevention, anti-theft and publicity.
4. Responsible for the construction management of the construction personnel in the community.
5. Responsible for the inspection of the renovated house.
6. Responsible for assisting relevant departments in the investigation and handling of fire alarms and fires.
7. Responsible for dealing with emergencies in the management area.
Patrol content: 1. Corridor: whether the fire passage is unblocked, whether the emergency lights, evacuation indicator switches are in good condition, whether the fire door, and whether the electric well door is locked or damaged.
2. Whether the fire-fighting equipment, facilities and other public facilities are in good condition.
4. Whether the exterior walls of the building, floor doors and windows are in good condition.
5. Whether the order in the public place is good, and if suspicious persons are found, they should come forward to interrogate and check their documents, and if necessary, check the items they are carrying, and if they are three-nil, they should be driven out of the management area; Those who are hawkers or salesmen should be advised to leave the jurisdiction.
6. The problems found are recorded in the "Patrol Record Form", and the problems that can be solved should be dealt with immediately, and those that cannot be solved should be fed back in time.
7. When the problem that the shift leader can not solve, it should be reported to the safety supervisor to deal with, and the safety supervisor will decide whether to report to the management office depending on the severity of the problem (in principle, the problem that the party cannot solve should be reported to its direct superior to solve).
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1.Tell the security guard directly that the real estate company is coming to see the house (you can see the ** in the company system in advance that this community is for sale or renting) (if not, you can say one nonsense, generally speaking, you can go in, depending on your character).
2.It is possible to impersonate a courier company or a repairman. Wait for some people who don't let go 3It's like a security guard, smoke a cigarette, and chat. 80% will put you in 4Pretending to be a friend of a resident of this community to visit the door.
There are too many methods, and an intermediary who can't get into the community can't be regarded as an intermediary!!
In addition to the first method, you'd better not bring a work permit, and don't dress too professionally, so that people can see that your face says: I'm an agent!
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Legal analysis: property security has the right not to allow outsiders to enter the community, because outsiders are not the owners of the community, if it is not determined that it is a relative, family or friend of the owner of the community, the property security has the right to prohibit outsiders from entering the community to prevent theft.
Legal basis: Regulations of the People's Republic of China on the Administration of Security Services
Article 31 Security guards have the right to refuse to carry out the illegal instructions of security practitioners or customer units. Security units must not terminate labor contracts with security guards, reduce their labor remuneration and other benefits, or suspend or underpay social insurance premiums that should be paid for them in accordance with law because they do not carry out illegal instructions.
Article 29 In the security service, in order to perform the duties of the security service, the security guard may take the following measures:
1) Check the documents of the personnel entering and exiting the service area, and register the vehicles and articles entering and exiting;
2) Patrolling, guarding, safety inspection, and alarm monitoring in the service area;
3) Conduct security checks on personnel and their belongings in public places such as airports, stations, and docks, to maintain public order;
4) Temporary quarantine areas may be established as needed for armed escort missions, but obstruction to citizens' normal activities shall be minimized as much as possible.
Security guards shall promptly stop illegal and criminal acts that occur in the service area, and shall immediately report to the police if the illegal and criminal acts are ineffective, and at the same time take measures to protect the scene.
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Legal analysis: The property does not allow the owner to enter the community depending on the situation. If the owner does not buy a parking space or does not pay rent in the community, it is legal not to let him enter the community, after all, the community belongs to the owner, the property rights belong to the owner, the contract stipulates that the property is managed by the owner on behalf of the owner, and the property does not infringe on the rights of the owner, and is safeguarding the interests of all owners.
Otherwise, it is illegal.
Legal basis: Article 277 of the Civil Code of the People's Republic of China The owners may set up a general meeting of owners to elect the owners' committee. The specific conditions and procedures for the establishment of the owners' general meeting and the owners' committee shall be in accordance with the provisions of laws and regulations.
The relevant departments of the local people's ** and the residents' committees shall give guidance and assistance to the establishment of the owners' meeting and the election of the owners' committee.
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