What is an Owners Convention Who makes the Owners Convention

Hello: Owners Convention.

In the event of a conveyancing or letting of a property, please forward this Convention to the new landlord or tenant for reference.

This Convention is concluded in accordance with the Regulations on the Management of Residential Property and relevant national laws and regulations on the use, maintenance and management of the purchased dwelling.

Formulated"Owners' Convention"The purpose of the Convention is to enhance the value of the property, to beautify the environment, to maintain a comfortable and good environment, and not to cause inconvenience to the owner. Owners must understand that any violation of the Convention will cost time and money in order to seek redress. It is hoped that all owners will read this covenant carefully.

1. General information on community management.

1 Management Company.

According to"Convention"stipulates that (hereinafter referred to as the Management Company) has been appointed with full authority to manage all affairs in the community. "Convention"The provisions are formulated by the management company in accordance with the relevant laws and regulations, and signed by the buyer and seller of the property (or the management company, the developer and the owner) after negotiation, and the content of the provisions must be complied with by both parties. The owners have agreed to comply"Convention"and its tenants, licensees, employees and persons are also required to comply"Convention"。

2 Community Management Office.

The Community Management Office is located at:

Office hours are as follows:

1) Management Office: Monday to Friday from 8 a.m. to 2 p.m. and from 1 p.m. to 5 p.m., all day of the week.

6. Rest on working holidays and holidays stipulated by the state.

2) Security Centre: 24-hour service, if you have any urgent complaints or consultations, please contact the supervisor on duty for immediate assistance.

3. Manage the company's powers.

The management company has the right to charge management fees to each owner in accordance with the provisions of the previous property management service contract; formulate, amend, add or delete management rules; employing employees; On behalf of the owners, they also negotiate with the ** authorities and public service companies on behalf of the owners. The management company also has the right to enforce the Convention and remove any unauthorized addition and alteration works, etc.; to bring proceedings in respect of any contravention; To collect and recover from the relevant owners for any loss and all related costs (including legal costs, etc.) arising from any breach of the Convention. The management company carries out perfect maintenance and repair of community public facilities, and strives to keep the community environment clean and beautiful.

In order for the community to be properly stewarded, all owners hereby grant the management company the powers due and necessary to include (but not limited to):

collect all fees payable by the owners under this Convention;

Purchase appropriate insurance for the personnel of the community building and its management company;

arranging garbage collection and clean-up for the community;

maintenance, management, cleaning, renewal and decoration of common areas and facilities;

prevent public areas and any part of facilities from being obstructed by obstacles;

Arrange for water, electricity, gas and other necessary items for the community**;

Set up security personnel and security systems in the community as needed;

setting up and maintaining communal antennas in the community;

Eliminate and remove any illegal or unauthorized installations or signboards on the land, communities and buildings that are in violation of the provisions of this Convention.

A code of conduct jointly established by the owners in relation to the use, maintenance, and management of the property.

The owners' covenant refers to the contract that is committed by the owners and is binding on all owners in relation to the use, maintenance and management of the property. The legal basis of the owners' covenant is mainly the General Principles of the Civil Law and the Interim Provisions on Urban Houses with Different Properties and Adjacent Houses issued by the Ministry of Construction No. 5 of 1989.

Legal Analysis: The Owners' Convention is formulated by all the owners, and is a written self-governing rule reached by all the owners on the management, use, maintenance and ownership of the business building. However, it should also be noted that it is subject to a vote by the general meeting of owners, which represents the rights of all owners, and after it is passed, it is binding on all owners.

Legal basis: Property Management Regulations

Article 11 The following matters shall be jointly decided by the owners: (1) formulating and amending the rules of procedure of the general meeting of owners; (2) Formulating and revising management regulations; (3) Elect the owners' committee or replace the members of the owners' committee; (D) the selection and dismissal of property service enterprises; (E) the raising and use of special maintenance funds; (6) Reconstructing or reconstructing buildings and their ancillary facilities; (7) Major matters relating to co-ownership and co-management rights.

Article 12 The meeting of the general meeting of owners may be in the form of collective discussion or in the form of soliciting opinions in writing; However, there should be owners of the exclusive part of the property management area accounting for more than half of the total area of the building and more than half of the total number of owners participating. Owners can entrust ** people to attend the meeting of the owners' meeting. The general meeting of owners decides on the matters specified in items (5) and (6) of Article 11 of these Regulations, and shall be agreed by the owners of the exclusive part accounting for more than 2 3 of the total area of the building and accounting for more than 2 3 of the total number of owners; The decision on other matters provided for in Article 11 of these Regulations shall be subject to the consent of the owners of the exclusive part accounting for more than half of the total area of the building and the owners accounting for more than half of the total number of people.

The decision of the general meeting of owners or the owners' committee shall be binding on the owners. Where a decision made by the owners' general meeting or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.

The owners' convention, also known as the property management convention, is a public contract, which is a code of conduct for all owners to be bound on the use, maintenance, management and common interests of the owners of the property. The owners' covenant is an important basic document in property management, which is generally revised and supplemented by the owners' committee according to the model text of the owners' covenant formulated in accordance with the actual situation of the property, and takes effect after being discussed and adopted at the owners' meeting. The owners' covenant is the highest autonomy rule of all owners, which belongs to the nature of a large-scale agreement and contract, and its purpose is to adjust the relationship between the owners in the property management area and create a comfortable living environment for the owners.

How to understand the legal effect of the Owners' Convention.

The Owners' Convention is binding on all owners in the property management area. Since the owners' covenant must be signed by the owners in the property management area and has legal effect, the scope of the owners' covenant naturally involves all owners. To understand the legal effect of the owners' covenant, the following two points should be noted:

1) The owners' covenant also has legal effect on the property user. For example, the tenant, because one of the core contents of the owner's covenant is to regulate the order of the use of the property, and the property user will inevitably affect the state of the property based on the use of its actual property, and the owners' committee or property management company is bound to deal directly with the property user when managing the property, so it is objectively necessary to incorporate it into the property management activities.

2) The owners' covenant is automatically effective against the successors (i.e. owners) of the property. In the transfer and inheritance of property, the ownership of the property is transferred to the transferee in a change of ownership. However, the owners' covenant does not require any form of undertaking on the part of the new successor to automatically hail and have effect on him.

For example, when you buy a second-hand house, you don't need to sign the owner's covenant to confirm that you have already considered that you have tacitly agreed to the owner's covenant and automatically abide by the owner's covenant.

What is the liability for violating the owners' covenant.

The Owners' Convention is a public contract signed by the owners and has strong binding force. According to Article 1 of the Property Management Regulations, "the power to formulate and amend the owners' convention" shall be exercised by the owners' general meeting, "the decision of the owners' general meeting to formulate and amend the owners' covenant must be passed by all the owners in the property management area with more than 2 3 voting rights", "the decision of the owners' general meeting shall be binding on all the owners in the property management area", and Article 7 also stipulates that "the owners shall abide by the owners' covenant in the property management activities".

It can be seen that complying with the provisions of the Owners' Convention is an important obligation of the owner, and as an individual owner, even if he believes that some of the provisions of the Owners' Convention are not reasonable, he must abide by them. If you want to change it, you have to wait until the general meeting of owners is held, and the general meeting of owners will vote on it. Until this article is amended, there will be corresponding liability for violations.

The difference between the Owners' Interim Convention and the Owners' Convention is as follows: the Owners' Interim Convention applies to the pre-property management stage before the establishment of the owners' meeting; The Owners' Convention shall come into force after the establishment of the General Meeting of Owners and the adoption of more than two-thirds of the voting rights held by all the owners of Sakura Hall.

Article 17 of the Property Management Regulations stipulates that the management statute shall stipulate the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the management regulations. Management regulations shall respect social morality, and must not violate laws or regulations or harm the public interest. The Management Agreement is binding on all owners.

Legal Analysis: The Owners' Convention is a code of conduct jointly established by the owners regarding the use, maintenance, and management of the property. It refers to the contract that is committed by the owner and is binding on all owners in relation to the use, maintenance and management of the property. Checking the age wheel.

Legal basis: "Detailed Rules for the Implementation of the Property Management Regulations" Article 7 The owner shall perform the following obligations in the property management activities:

1) Abide by the owners' covenant and the rules of procedure of the owners' general meeting;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of the owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state;

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations.

Legal analysis: First, you can refer to the provisions of the law; secondly, according to the common needs of the owners; Final consensus.

Legal basis: Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

(2) Formulating and revising management regulations;

(3) Elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises or other managers;

5) Use funds for the maintenance of buildings and their ancillary facilities;

6) To raise funds for the maintenance of buildings and their ancillary facilities;

7) Reconstruction and reconstruction of buildings and their ancillary facilities;

8) Changing the use of the common part or using the common part to engage in business activities;

9) Other major matters related to co-ownership and co-management rights.

Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting of the remaining decision.

The legal effect of the Owners' Deed is:

1.Territorial effect, which refers to the entire property management area, including the exclusive part, common part, common equipment and facilities of the owner's property;

2.The effect on persons is limited to the property management acts carried out by the owner;

3.The owners' covenant also has legal effect on non-owners of the property;

4.The owners' covenant automatically has effect on the successors of the property;

5.The owners' covenant is binding on the property management enterprise, the specific undertaker of property management affairs.

1. Does the property have the right to withhold the owner's key?

The property does not have the right to withhold the owner's key. It is the developer's obligation to deliver the house to the owner, and if the owner has already paid for the house, the developer must deliver the house to the owner. The property management company's refusal to give the owner the keys to the house because the owner refuses to sign the owner's covenant or for other reasons is to attach its relevant rights in the property management contract to the obligation to deliver the house on behalf of the developer, which is not in accordance with the law.

2. Is it illegal for the owner to tear up the announcement of the Owners Committee?

It must be determined in light of the specific circumstances, and is generally not an illegal act. The general meeting of owners is composed of all owners in the property management area, representing and maintaining the legal rights of all owners in the property management area and fulfilling the corresponding obligations. The decision of the general meeting of owners or the owners' committee shall be binding on the owners.

According to Article 5 of the "Property Management Regulations", the construction administrative department is responsible for the supervision and management of national property management activities. The administrative departments of real estate at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.