【 Weak current College 】 property companies and owners of reason can be set up?

【 Project profile 】

One day, a commercial residential property company posted notice says, "for security reasons, will close the door to a community, the majority of owners from another door in access. At the same time will be closed the door on the creation of an open space near the bar and external business. "In fact, the property company was contracted out to the community of bars of a landlord business. To this end, the majority of owners in the community, that very unhappy with the accessibility community is not convenient, takes up space also affects community environment, calls to reopen the door to door is closed, stop operating bar within the community. Explain to the owners of the property management company: closes a door, is to reduce xianzarenyuan into community to ensure the safety of the community, the company has the right to do so. The bar is set in the open, without affecting the daily life of the owners. Contract management bar owners consider themselves as owners have the right to use the community's public spaces.

【 Analysis answers 】

In the case of property companies and contract management bar owners to seal the door set bar events explained reasons cannot be established.

According to the Shanghai residential property management regulations, the provisions of article 18, property management companies is subject to community owners Committee commissioned management activity, so it cannot exceed the authorized scope. This dispute by property management company in the community of owners and the owners ' Committee's mandate, to close the door and opened a bar behavior is not appropriate and should be corrected.

Contract bar owners for the reasons given are ill-founded. Each property owner for public facilities in the community have reasonable use right, but not on a public sites have special rights, otherwise it is a violation of the rights of other owners.

If the property company and contract bar owners do not stop their wrongdoing, the owners ' Committee has the right to bring civil proceedings, requests the property company to open that door, at the same time require the removal of the setting of the bar. If the Commission considers that the owners of property management company not competent, may relieve property management delegate service contract. In addition, when the owners Committee did not have the performance of their duties, any owner has the right to prosecute, to safeguard the legitimate rights and interests of the owners.