Is the closed management of the community legal, is the closed community legal

Whether the closed management of the community is legal depends on the situation, like the current epidemic period, the implementation of closed management in the community is still very necessary and legal, if the community usually implements closed management, it is not very legal, and the owners must register in and out, then the owners will definitely feel uncomfortable. If there are special circumstances that require the implementation of closed management, it must be reported to the relevant departments and can only be implemented after obtaining consent.

Legal analysis

Safety precautions are one of the main obligations of property management enterprises, and it is also one of the main contents of property management service contracts. The community safety management obligations of property management enterprises include two parts: property fire management and community security management. Property fire management is to prevent and eliminate fires, rectify and control fire hazards, so as to protect the life and property safety of owners in the property community.

Community security management is to take various measures, such as the establishment of guards on duty, security personnel patrol and other systems, so that the property community has a safe and stable order, so that the owners can live and work in peace and contentment. Whether the property management enterprise should undertake the aforesaid community safety management obligations shall be entirely agreed upon by the owner group and the property management enterprise in the contract. At present, property management enterprises appear as service providers, so property management service contracts in practice generally stipulate such community safety management obligations.

As for the specific content of the community security management obligation, it should be clearly agreed upon by both parties to the contract. When performing the obligations of public security management in the property community, it should be noted that the identity of the property management enterprise is a civil subject rather than an administrative law enforcement agency. As a civil subject, the property management enterprise only accepts the entrustment of the owner group to manage the property of the community, and the essence of this management is a civil activity.

Therefore, property management enterprises should control the legal boundaries of their own behavior, and property management enterprises shall not carry out any public power that can only be exercised exclusively by state organs, otherwise it will constitute an illegal act and shall bear corresponding legal responsibilities, including civil liability, administrative liability and criminal liability.

Legal basis

Property Management Regulations

Article 47: The rights and obligations of property users in property management activities shall be agreed upon by the owners and property users, but shall not violate the relevant provisions of laws, regulations, and management regulations. If the property user violates the provisions of these Regulations and the Management Regulations, the relevant owners shall be jointly and severally liable.

45th property management area in violation of public security, environmental protection, property decoration and use and other aspects of the law, regulations and regulations, property service enterprises shall stop, and timely report to the relevant administrative departments. 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.

During this epidemic, the closed management of the community is very legal. If it's something else, it's not legitimate.

Legal Analysis: Legal. During the epidemic period, when the local ** issued a document, the community and village neighborhood committees can carry out self-help work.

Legal basis: Emergency Response Law of the People's Republic of China Article 55 The residents' committees, villagers' committees and other organizations at the place where the emergency occurs shall, in accordance with the decisions and orders of the local people, carry out publicity and mobilization, organize the masses to carry out self-help and mutual rescue, and assist in maintaining social order.

Legal analysis: community closure is not a legal term, but it can be popularly understood, that is, the community should have a fence, there should be security guards at the door, and there is an obligation to restrict and register vehicles and pedestrians.

Legal basis: Article 35 of the "Property Management Regulations" 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.

Legal analysis: Closed communities, regardless of the degree of closure, most have clear boundaries, which is a proper term in architectural planning, called red lines, which corresponds to the walls and gates of the community, which is like a circle, several buildings, public facilities, green spaces and people who call them neighbors, together with a line. It's just that many communities are divided into circles and circles, but this circle, some are circles at the physical level, and some are the dividing lines in interpersonal relationships.

Legal basis: "Property Management Regulations" Article 47 Property management enterprises employing security personnel shall comply with the relevant provisions of the State. 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.

Summary. Hello, the closed management of the community is considered a prevention area.

Containment Zone. Districts, counties, and areas outside the closed and controlled areas in the development zone are designated as prevention zones. The prevention zone implements "strengthening social control and strictly restricting the gathering of people".

Strictly restrict entry into indoor public places, strictly restrict the use of public transportation, and suspend the operation of indoor public places. In principle, personnel in the prevention zone should not leave their districts and counties unless necessary.

What kind of area is the closed management of the community?

Hello, the closed management of the community is considered a prevention area. Containment Zone. Districts, counties, and areas outside the closed and controlled areas in the development zone are designated as prevention zones.

The prevention zone implements "strengthening social control and strictly restricting the gathering of people". Strictly restrict entry into indoor public places, strictly restrict the use of public transportation, and suspend the operation of indoor public places. In principle, personnel in the prevention zone should not leave their districts and counties unless necessary.

If the community is closed for management, but there are no related cases, then even if it is a prevention zone, personnel in the prevention zone cannot leave the area in principle.

That is to say, the community is closed and managed, and it is strictly forbidden to go out.