Can\’t enter the garage door without paying the property fee? Court ruling: Property company infringes copyright

Source: Yangtze Evening News

The reporter learned from the Nantong Chongchuan Court on December 9 that a property dispute case pronounced by the court recently attracted considerable attention. .

Correspondent Ren Lei Yangzi Evening News/Ziniu News reporter Zhu Yayun

Xiao Wang is the owner of a high-end community in Nantong City and purchased an underground parking space in the community. Xiao Wang believed that the property company\’s service was poor, so he kept refusing to pay property fees. There was a conflict between the two parties. Later, the property management company enabled the license plate recognition system, but did not enter Xiao Wang\’s license plate number into the system. Xiao Wang was unable to drive into the underground garage because his license plate could not be recognized. He needed to provide the property management company with the real estate certificate, parking space title certificate, and Only driving licenses and ID cards are required to use parking spaces, which increases the difficulty of using parking spaces. In anger, Xiao Wang took the property company to court, demanding that the property company stop disrupting his normal use of the parking space, and requested that the license plate number be entered into the electronic identification system.

The property company stated that there was no obstruction of Xiao Wang’s vehicle from entering the underground garage. According to regulations, foreign vehicles must present relevant valid documents and register when entering the community. As long as Xiao Wang cooperates in accordance with regulations, he can enter the underground garage. . However, Xiao Wang did not pay the property fee, so the property management company did not enter his license plate number into the system.

After hearing, the Chongchuan Court held that the property management company took into account the overall interests of the community and purchased the license plate recognition system and put it into use. The purpose was to better manage the parking spaces and vehicles in the community in an orderly manner, and to facilitate the entry and exit of vehicles. Provide convenience for pedestrians, realize the diversion of pedestrians and vehicles to a large extent, and improve the living environment of the community. In this situation, when the property owner enjoys the convenience brought by the property company\’s use of the system, he should pay the corresponding property service fee; the property company knew that Xiao Wang was the owner of the community, but still repeatedly asked Xiao Wang to produce various documents when entering and exiting the garage, exceeding the necessary The scope of management has caused obstacles and restrictions to Xiao Wang\’s normal use of the parking space. Therefore, the property management company has no right to hinder Xiao Wang from using the parking space normally. This behavior infringes upon his right to manage, control and use the parking space normally. In the end, the court ruled that the property management company had infringed the law, excluding any undue obstruction caused by Xiao Wang\’s use of the underground parking space, and that it was not allowed to hinder Xiao Wang from driving into the underground parking space in any way. Neither party appealed after the verdict.

[Judge’s Statement]

The management or services provided by the property company should avoid causing undue obstruction to the legitimate rights and interests of the owners, and should not use the inspection of warrants to , registration number plates, blocking and setting up cards, etc. to prevent rights holders from using their own parking spaces. Article 944 of the Civil Code stipulates: The owner shall not refuse to pay property fees on the grounds that he has not accepted or does not need to accept property services. If the owner fails to pay the property fee within the time limit, the property service provider can resolve the issue by urging the owner to file a lawsuit or apply for arbitration. Accordingly, owners should also be tolerant and friendly, evaluate property services objectively and rationally and pay property fees in a timely manner to improve the efficiency of property services, so that owners can obtain higher-quality property services.