Is it legal to lock the owner s car without permission in the property of the community

It is illegal to park in the community, put it indiscriminately, and lock the car in the property, the property does not have the right to lock the car, and the property can only stop the parking behavior, and the owner of the car will park the car if he knows the parking.

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

Article 34 The owners' committee shall conclude a written property management 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 and service fees, the rights and obligations of both parties, the management and use of special maintenance funds, property management housing, the contract period, and the responsibilities of the contract.

Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and promptly 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.

First of all, the community property is a service hired by the community owner, and it is for the community owner. Secondly, the property management of the community does not have the qualifications and qualifications for administrative law enforcement, and has no right to lock the car. For example, only the public security organs have the right to inquire and inspect ID cards.

If it is parked within the community, when the parking location is inconsistent with the community management area, the community property can only discourage, not lock the car.

It is illegal to lock the owner's car without permission, and no matter whose fault it is, you can't detain someone else's property without authorization.

The property locking is actually an encroachment on property rights, which is illegal, and the circumstances are as follows:

1. From a legal point of view, no matter 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;

2. 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.

What is the process of suing someone else:

1. Collect evidence related to the case, such as physical evidence, documentary evidence, electronic data, etc.;

2. Write a statement of indictment, specifying: information on the plaintiff and the defendant; the claim and the facts and reasons on which it is based;

3. Determine the jurisdiction of the court, and then submit the prepared materials to the people's court to file a lawsuit;

4. After the people's court files the case, pay the litigation fees in advance and wait for the court to hear the case.

[Legal basis].: Article 1181 of the Civil Code of the People's Republic of China.

Where the infringed party dies, his close relatives have the right to request that the infringer bear tort liability. Where the infringed party is an organization, and the organization is separated or merged, the organization that inherits the rights has the right to request that the infringer bear the liability for infringement.

In the event of the death of the infringed person, the person who paid the reasonable expenses such as medical expenses and funeral expenses of the infringed person has the right to request compensation from the infringer, unless the infringer has already paid such expenses.

Article 1182.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court of the infringer shall determine the amount of compensation based on the actual circumstances.

1. How to deal with the private locking of the car in the community property.

1. The owner of the property in the community can call the police if he locks the car without permission. If it is a civil dispute, the police can mediate, but they cannot force the property to be unlocked. If the property is involved in a crime or violates the public security management regulations, the police have the corresponding powers, mainly depending on why the property locks the car, if the property violates the rights and interests of the car owner, the car owner can go to the court to file a civil lawsuit to resolve.

2. Legal basis: Article 50 of the Property Management Regulations.

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.

2. What rights do owners have?

1. Enjoy the rights of the property owned by them in accordance with the law;

2. The right to reasonably use the common facilities and common parts of the building and the public facilities and public places in the property in accordance with the law;

3. Have the right to carry out interior decoration in accordance with relevant regulations;

4. Have the right to legally repair all kinds of pipes, wires, water tanks and other facilities in the self-use parts of the property by themselves or hire others to accompany them, except for those that must be constructed by professional departments or institutions as stipulated by laws and regulations;

5. Have the right to recommend that the property management company organize repairs in a timely manner according to the conditions of the common parts of the building, the common facilities and the municipal public facilities within the scope of property management.

Legal analysis: Under normal circumstances, the property does not have the right to lock the car, and the property locking the car is actually an infringement of property rights. The property is a service department, not a law enforcement agency, the property and the owner signed a service agreement, therefore, the property has no right to lock the car or take other compulsory measures, the vehicle is locked is a violation of the owner's property rights, if the owner has caused losses, should also enter the corresponding economic compensation.

The owner may file a lawsuit with the people's court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the People's Court of Law and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: Under normal circumstances, the property does not have the right to lock the car, and the locking of the car by Lao Xun Property is actually an infringement of property rights.

Legal basis: "Property Management Regulations" Article 66 In violation of the provisions of the Regulations, the staff of the construction administrative department, the local people's real estate administrative department at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, and do not perform their supervision and management duties in accordance with the law, or find that the illegal acts are not investigated and punished, constituting a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given an administrative sanction in accordance with law.