-
The property does not have the right to deny the owner's vehicle to stay overnight on the ground, but the specific situation needs to be subject to the specific regulations of the community.
According to Article 50 of the "Property Management Regulations", the parking spaces and garages planned for parking cars in the property management area must first meet the needs of the owners of the community, and need to be approved by the owners' general meeting first. If there is a dispute over a parking space, it can be resolved through negotiation between the Owners Committee and the property.
Therefore, if the ground parking space of the complex is saturated, or without the consent of the owners' general meeting, the property may have the right not to allow the owner's vehicle to stay overnight on the ground. However, if there is a vacant parking space on the surface of the community, and the property prohibits the owner's vehicle from staying overnight on the ground without the consent of the owners' general meeting, the owner can protect his legitimate rights and interests through legal means.
It should be noted that the specific situation also needs to be judged according to the regulations of the community and relevant laws and regulations. If there is a dispute, it is recommended that the owner communicate and negotiate with the property first, and if it cannot be resolved, you can consult the relevant legal professionals or seek help from the relevant departments.
-
The property has the right not to allow the owner's car to stay overnight in the community, for example, the communityParking spacesIt's full, and of course you can't let the owner into the community overnight.
If there is no public parking lot in the community, there is a state of random parking, and the property has the right not to let the car park in the community.
There is also a property is not easy for many people in order to save money to buy parking spaces, at that time it was not enough to buy parking spaces, then how can the owners who have purchased parking spaces be balanced, the community property is also no way, there must be complaints, you can call the police to deal with it, if the inventory is there.
-
The property does not have the right to deny the owner's vehicle to the complex. Prohibiting the owner's vehicle from parking in the community is a violation of the legitimate rights and interests of the owner. The 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.
And it's not legal for the property to not let the car in.
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. The developer promises to provide an underground garage free of charge when the house is **.
The developer shall hand over the underground garage at the time of delivery of the property, and the property rights shall also belong to all the owners. The developer includes the cost of building an underground garage in the cost of residential development. The construction cost of the underground garage rebuilt by the civil air defense project has been included in the sales cost accounting of the real estate developer, and the property rights of the underground garage should belong to all the owners.
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.
-
1. The property does not have the right to prevent the owner's vehicle from entering the underground garage. It is a violation of the law to prevent the owner's car from entering the underground garage of the community. If the developer or the property management department does not have the property right to the underground parking space, and if the underground parking space belongs to the civil air defense engineering facilities, it is strictly forbidden to buy and sell.
2. Legal basis: Article 207 of the Civil Code of the People's Republic of China.
Article 208.
The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
2. Who owns the property rights of the underground garage.
1. The property rights of the construction area of the underground garage included in the public share belong to all the owners;
2. If the construction area of the underground garage is not apportioned and the developer obtains the property right of the garage alone, it shall be owned by the developer;
3. Part of the underground garage belongs to the civil air defense project that is compulsory by the state and is owned by the state.
-
Legal analysis: It is illegal for the property to not allow the owner to enter the community. Because the parking space land in the community belongs to the public, the ownership also belongs to all the owners, and the property only has the right to manage, and there is no legal basis for restricting the entry of the owner's vehicle, so it is unreasonable.
Legal basis: Civil Code of the People's Republic of China
Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services.
Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.
Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.
The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.
Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.
-
Answering specific questions and analyzing specifically, the property of the community, as the manager of the public area, 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. 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. 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.
-
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.
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.
Legal basis: Article 45 of the "Property Management Regulations" stipulates that property service enterprises shall stop the violations of laws and regulations on public security, environmental protection, property decoration and use in the property management area, 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.
-
There are no rights.
In accordance with the Property Management Ordinance
Article 50. Owners and property service enterprises shall not occupy or excavate roads and sites in 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 water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the repair and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with law.
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.
Property Management Regulations
Article 54.
Where the common parts of the property and the common facilities and equipment are used for business, the relevant formalities shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting and the property management service enterprise. The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the general meeting of owners.
Article 55.
When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall repair and maintain it in a timely manner, and the relevant owners shall cooperate.
If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.
-
Face to face to give a ** to the father-in-law's house, call the security guard to release, as long as the community through the resolution of the owners' meeting, no foreign vehicles are allowed to enter, it will be included in the community life contract, such as the property unilateral provisions, this is obviously illegal.
The owner's parking space is not enough in the first place, and it is to be charged, you can make a prompt at the door "due to the limited parking space of the owner, the foreign visiting vehicles please find another parking space outside the community, and the foreign vehicles that need to enter the community will be parked for 20 minutes and start charging, and the charge will be charged according to the national charging price and time, thank you for your cooperation!" ”.If there are special circumstances, please let us know before entering.
In reality, usually individual property service companies will manage the owner's illegal decoration by restricting water and electricity, etc., but this practice is not legal; >>>More
the right to park; According to the relevant regulations, the public parking space area of the community should give priority to the parking of the owners of the community. >>>More
If the property fee is not paid, the property has no right to prevent the owner from entering the community. Generally speaking, the property rights of the parking lot belong to the developer, and if the parking space is renovated in the public area, it belongs to the collective owner. >>>More
Access card. It is illegal to bind with the property fee, if the real estate package is access control, the owner should cooperate with the property management, because there is a property management plan in the property service contract, and the property management plan will not be changed because of a certain owner. The charging standards of the property are subject to the filing of prices and competent authorities. >>>More
The property owner has the right not to put mats in front of the house. If it is a request of the majority of the owners and is written into the owner's management agreement, then all owners in the community should comply with it. The property management company is entrusted by all the owners to manage this matter. >>>More