Legal analysis: access cards are linked to property fees, and property companies have no right to restrict the entry and exit of community owners, and should not be used as a condition for urging fees. While paying the purchase price, the owner also bought the right to use the public facilities in the community. It is infringement for property companies to take restrictive measures, but it is definitely wrong for owners not to pay property fees. Property companies can take other legal means to demand payment, and restricting access is actually wrong. According to the State Council's "Property Management Regulations", the owner should pay the property service fee on time, so it is illegal for the owner not to pay the fee on time. However, in reality, there are cases where the property company fails to meet the requirements stipulated in the contract, and the owner delays or refuses to pay the property fee for various reasons. For the way that property companies bind property fees and access cards to restrict owners' normal access, the best way for owners to protect their rights is not to refuse to pay property fees, but to sue the property companies for violating the Property Law and Tort Liability Law, and ask them to stop infringement, remove obstacles and restore to the original state in accordance with the provisions of the Tort Liability Law.
Legal basis: Article 233 of the Civil Law states that if the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.
Article 1 165 of the civil law infringes on civil rights and interests, and shall bear tort liability in accordance with this law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 120 of the Civil Code stipulates that the infringed has the right to request the infringer to bear the tort liability.
Article 179 of the Civil Code mainly undertakes tort liability in the following ways:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(6) Compensation for losses;
(7) apologize;
(eight) to eliminate the influence and restore the reputation.