The property claims that locking the car is the right of the people, so is the property exercising t

At present, most of the communities and buildings have been managed by special property management companies. Through its own services, property management companies improve the quality of communities and buildings, maintain a good hygienic environment, and maintain public order. It can be said that property plays a very important role in our lives.

However, sometimes, when the property is managed, it is inevitable that there will be some small frictions with some people. Just like this friend asked,The property staff locked the vehicles parked at will, saying that it was the people's right, and the property was exercising its rights correctly? Different people stand on different positions and have different views on this matter.

We should think and analyze at a deep level, not simply right or wrong.

First, the starting point of the property staff is good, I hope to let everyone park as required and maintain a clean and orderly public environment. In life, we all hope to be in a civilized and orderly environment, so that the living and working environment is more beautiful, and the life is more orderly, rather than seeing randomly parked vehicles and random items. Property staff are also commissioned by the owner, and they also have their own work requirements.

If they can't manage order and the owners give their opinions, they will also be affected. From this point of view, we should have a better understanding of property management.

Second, the practice of locking the car may be a little improper, you can demarcate a special parking area, in a conspicuous place to prompt the slogan that should not be parked. Random parking in many places is really a bit disliked, and some people want to park nearby. The property can be marked in a conspicuous place **Parking is allowed, ** cannot be parked.

If there is a problem to communicate and explain in a timely manner, if the practice of locking the car directly, it may cause unnecessary controversy.

3. We should also observe public order and not park at will. A good life requires the efforts of all of us. We must improve our public awareness, respect the fruits of others' labor, do not park at will, obey the on-site management norms, and make our lives better.

I don't think the property is exercising the right correctly, and the property doesn't have the right to lock someone's electric car at all, which is simply vexatious.

As we all know, the property management company's car locking is obviously a lien method, and the law does not grant the property management company the relevant rights to exercise, so the property management company locks the car illegally.

The property is not exercising its rights correctly. Because although the property has the requirement to lock the car, it should also be considered according to the needs of the owner and stand on the side of the owner to protect the interests of the owner.

The property did not exercise its rights correctly. It was only because the takeaway staff's electric car blocked the entrance of the community that the property staff made this decision to lock the electric car.

It must be that the power is not exercised correctly, because the property should first communicate with the parties.

The property does not have the right to lock the car, because from a legal point of view, the property belongs to the service department, not the law enforcement department, the property locking the car is equivalent to the disguised seizure of the vehicle, and the owner's vehicle belongs to the owner's private property, and the owner has the authority to dispose of the income, and the property locks the car, which is an infringement of the owner's property rights, which is illegal, and we can require the property to be restored to its original state.

First of all, whether there is illegal parking on the owner's side, if the owner's car occupies the special postal lane or community fire escape in the yard, and does not pay the parking fee, then the property from the perspective of maintaining the order of the community and the safety of the residents of the community, the behavior of locking the car is also reasonable.

If the purpose of locking the property is not to inform the owner that parking is not allowed but purely to collect a fine, then it is illegal because the property does not have the power to enforce the law.

Secondly, if the owner does leave the ** number on the car, then locking the car is not the best solution, and the property or security guard can contact the owner himself to move the car within a limited time. In actual management, if the owner does not pay the parking fee and the vehicle does not stop in the parking space, the property can also take legal means to solve the problem.

The property is not a law enforcement department, you can call the police to solve the problem, you can ask for an injury, if you beat the security guard to a minor injury, you will be criminally responsible, go to jail, if it is just a simple flesh injury, the fine can be settled. The property should be given some time and wait until discharge. You are too reckless.

Let's take a taxi first.

First, the community is locked in disorderly parking, whether the property locks the car is legal, the owner of the car is parked in the community, the property locks the car is not legal, the property is not the right to lock the car, the property can only stop the first disorderly parking behavior, notify the owner of the parking disorderly to park the car.

Regulations of the People's Republic of China on Property Management

Article 34 The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting.

The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

The property does not have the right to lock the car. The property company's behavior of locking the car is equivalent to the disguised seizure of the vehicle, the owner's private car is completely private of the owner, and its authority to use and proceed is owned by the owner, and the property management company is not a law enforcement department and has no right to retain or seize the owner's vehicle. If the car is locked, you can complain to the management department, and if it is serious, you can sue the court for compensation.

To determine whether the vehicle is illegally parked, only two departments have this power, namely the traffic police and the urban management, in addition, no unit has the power to post a ticket or fine on the illegal parking vehicle. Locking the car with chains, as a property company, has violated the law and is an illegal act. The property management said that the purpose of posting the notice was not to lock the car or impose a fine, but to have certain constraints on the owner, which proved to be effective.

Role of the property company:

1.According to the company's strategic planning, determine the sales target and budget.

2.Develop sales plans and corresponding sales strategies based on sales targets and budgets.

4.The exchange function is manifested as the activity of using the market as a place and intermediary to realize the exchange of goods. Under the conditions of commodity economy, the activities of commodity producers, consumers, and operators buying and selling commodities are all carried out through the market.

Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;

2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;

3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) To elect the members of the owners' committee and enjoy the right to be elected;

6) To supervise the work of the owners' committee;

7) Supervise the performance of property service contracts by property service enterprises;

8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;

9) Supervise the management of special maintenance funds for common parts of the property and common facilities and equipment.

10) Other rights provided for by laws and regulations.

Legal basis

Civil Code of the People's Republic of China

Legal analysis: no right, property locking is actually an encroachment on property rights. From a legal point of view, from the perspective of relevant regulations, the property is a service department, not a law enforcement agency, and the property and the owner sign a service agreement, therefore, the property has no right to lock the car or take other compulsory measures, and locking the vehicle is a violation of the property rights of the owner, and if the loss is caused to the owner, the corresponding economic compensation should be made.

Legal basis: Civil Code of the People's Republic of China

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 241: The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

The property locks the car to see whether the owner has illegal parking or refuses to pay parking fees.

According to the relevant provisions of the Property Law, if the property and the owner form a custody contract, but the owner refuses to pay the parking fee, the property management company has the right to retain the owner's vehicle and has the right to be compensated in priority for the vehicle.

If there is a legal or contractual basis for the parking fee charged by the property, the property has the right to prevent the owner from leaving the community if the owner refuses to pay the parking fee. If there is no legal basis for the property charge, the owner cannot be prevented from leaving.

This depends on the actual situation.

It is definitely wrong to lock the elevator for no reason and not let the owner use it, and the property does not have this right.

However, when the elevator is in a fault state, overhaul state, and maintenance, in order to ensure the safety of the elevator riders, the property temporarily locks the elevator for maintenance, which is normal.

You have to see whether the parking space belongs to the public pool, according to the provisions of the property law, there are two kinds of parking spaces, one is that you can do the property right certificate, the other is that you can't do the property right certificate, you can't do the property right certificate belongs to all the owners, everyone can use it, so it depends on the nature of the parking space, if you can't do the property right certificate, you can sue the property.

There is no right to manage the parking space, but there is no right to penalty.

It's useless to call the police, you can just go directly to the owner of the parking space and say 2 words.

Directly to the property manager said.

The owner parked two cars in one parking space, but the property locked the car, and finally the court ruled in favor of the owner!

Isn't this a private financial blackmail to the owner? Recording forensics!

The property does not have the right to lock the car. The property is a service department, not a law enforcement agency, and the owner of the property is a service agreement. Therefore, the property does not have the right to lock the car, or take other coercive measures, and locking the vehicle is a violation of the property rights of the owner.

If losses are caused to the owner, corresponding financial compensation is also required. In addition, in the building zoning, the ownership of the parking spaces and garages planned for parking cars can be agreed by the parties through **, gift or lease. Occupying a road shared by the owners, or parking spaces on other sites used for parking cars, belongs to the owners in common.

In the building zoning, the parking spaces and garages planned for parking cars should first meet the needs of the owners. Property management companies and property committees should take the initiative to communicate with the offending vehicle owners and ask them to make corrections, but they must not use illegal means to retaliate. Ruined Tan.

Civil Code of the People's Republic of China

Article 274: Roads within building zoning belong to the owners in common, except for urban public roads. The green space in the building zoning belongs to the owners and the owners, except for the urban public green space or the individual who is expressly indicated. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 275: Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through means such as **, gifts, or leases. Occupying a road shared by the owners, or parking spaces on other sites used for parking cars, belongs to the owners in common.

Does the property have the right to cut off water and electricity?

If the owner fails to pay the property fee in time, resulting in the property cutting off the water and electricity to the house where the owner lives, the owner has the right to demand the community property to bear the corresponding compensation for the losses caused to the owner during the period. At the same time, the property in the community can ask the owner to pay the property fee and pay a certain amount of liquidated damages. If the owner does not pay the strata fee, the property can go to court to file a lawsuit, but the water and electricity cannot be cut off.