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破解物业费僵局 何须“卡”住回家路
Xin Lang Cai Jing· 2026-01-14 21:48
Core Viewpoint - The article discusses the controversy surrounding property management companies using access control measures, such as elevator and door access, to enforce property fee payments, which has led to complaints from residents about their rights being infringed upon [1][2][3] Group 1: Resident Complaints - Residents have reported issues with access to elevators and doors due to unpaid property fees, leading to significant inconvenience [1][2] - Some residents feel that property management companies are unfairly using access restrictions as a means to pressure them into paying fees, which they believe violates their rights [1][2] - Specific cases highlight that residents are required to frequently visit property management to renew access if fees are not paid, causing difficulties for vulnerable groups such as the elderly and children [1][2] Group 2: Property Management Regulations - Local property management departments have stated that there are no specific regulations governing the practice of restricting access for unpaid fees, relying instead on local mediation [2] - Property management companies argue that paying property fees is a legal obligation for residents, and that failure to pay can disrupt services that benefit all residents [2] - The article emphasizes the need for a cooperative relationship between property management and residents to ensure quality service and timely fee payments [2] Group 3: Legal Framework - The Supreme People's Court has ruled that property management companies cannot use methods such as restricting access to utilities or building facilities to collect unpaid fees, as this exceeds reasonable limits and lacks legal basis [3] - The Civil Code stipulates that property management should pursue fee collection through legal and reasonable means, such as mediation or litigation, rather than disrupting residents' daily lives [3] - The article underscores the importance of adhering to legal standards in property management practices to protect residents' rights [3]
物业纠纷该注意哪些维权要点(法治聚焦)
Ren Min Ri Bao· 2025-12-10 22:30
Core Viewpoint - The Supreme People's Court has released five typical cases regarding property service contract disputes, aiming to address common issues such as property fee collection methods and difficulties in handover after contract termination, thereby promoting the resolution of civil disputes in the property sector and enhancing the protection of homeowners' rights [1][2]. Group 1: Property Fee Collection - Property service providers cannot restrict access to essential services like elevators and entry systems as a means to collect overdue property fees, as this violates homeowners' rights and lacks legal basis [2]. - The court ruled that property service providers must use reasonable and legal methods for fee collection, and if homeowners fail to pay after notification, providers can seek resolution through mediation, litigation, or arbitration, but not through actions that disrupt homeowners' daily lives [2]. Group 2: Handover Obligations - Property service providers are not entitled to demand payment for services after the termination of their contract if they refuse to vacate the property and fulfill handover obligations to the new service provider [3][4]. - The court emphasized that upon contract termination, the original service provider must exit the service area within a reasonable timeframe and cooperate with the new provider, failing which they cannot claim fees and may be liable for damages [4]. Group 3: Authority of Homeowners' Decisions - Original property service providers lack the standing to challenge decisions made by homeowners' assemblies regarding the appointment of new service providers, as they are not homeowners and thus not bound by such decisions [5][6]. - The court's ruling reinforces that decisions made by homeowners' assemblies regarding the hiring and firing of property service companies are legally binding on homeowners and do not extend to service providers, ensuring the integrity of homeowners' collective management rights [6].