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Real-world problems. After Lao Li purchased a commercial house, he learned that the rules of procedure of the owners' meeting in the community were formulated by the property management company selected by the developer. It stipulates that the amendment of the rules of procedure of the owners' meeting must be approved by the property company.
Lawyer answers. In just over ten years, property service agencies have grown from scratch and from small to large, and have become an industry with wide coverage and an important impact on the lives of the masses, and the disputes between owners and property service agencies have gradually increased. In order to adapt to this development, laws and regulations are also gradually improving.
China's "Property Law" and "Property Management Regulations" have clear provisions on what matters need to be jointly decided by the owners, as well as the proportion of the owners whether various decisions are passed or not. For the property management company, it is impossible to enjoy all kinds of decision-making rights enjoyed by the owner.
Links to legal provisions. Property Management Regulations
Article 11 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) Formulate and revise management regulations;
3) Elect the owners' committee or replace the members of the owners' committee;
4) Selection and dismissal of property service enterprises;
5) Raise and use special maintenance funds;
6) Reconstruction and reconstruction of buildings and their ancillary facilities;
7) Other significant matters related to co-ownership and co-management rights.
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As owners of the community, what can we decide together? The new Code provides so.
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Legal analysis: (1) Formulating and revising the rules for the ascension of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises;
5) Raise and use special maintenance funds;
6) To reconstruct or reconstruct buildings and their ancillary facilities;
7) Other major matters related to co-ownership and co-management rights.
Legal basis: Article 11 of the "Property Management Regulations" 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) Formulate and revise management regulations;
3) Elect the owners' committee or replace the members of the owners' committee;
4) Selecting and reconciling the first smile Li hired property service enterprises;
5) Raise and use special maintenance funds;
6) Reconstruction and reconstruction of buildings and their ancillary facilities;
7) Other significant matters related to co-ownership and co-management rights.
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Legal analysis: (1) Formulating and amending the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) Late in electing the owners' committee or replacing 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) Raising funds for the maintenance of buildings and their ancillary facilities;
Seven Ascension Gods) rebuilt and rebuilt the building Shouxiao Li and its 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.
Legal basis: Article 278, Paragraph 1 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) To 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) Raising 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.
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Legal analysis: (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; 4) Selecting and dismissing property service enterprises or other managers; 5) Use funds for the maintenance of buildings and their ancillary facilities; 6) Raising 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.
Legal basis: Article 278 of the Civil Code of the People's Republic of China provides that the following matters shall be jointly decided by the owners: (1) formulating and amending the rules of procedure of the owners' general meeting; 2) Formulating and revising management regulations; 3) To 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) Raising 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.
The matters jointly decided by the owners of the exclusive part shall be voted on by the owners who account for more than two-thirds of the area of the exclusive part and the number of owners who account 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.
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1) Formulate and revise the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises;
5) Raise and use special maintenance funds;
6) To reconstruct or reconstruct buildings and their ancillary facilities;
7) Other major matters related to co-ownership and co-management rights.
1. What are the new regulations on the management of property fees?
The new regulations on the management of strata fees are as follows:
1. The property service contract is a contract in which the property service person provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee;
2. Property service providers include property service enterprises and other managers;
3. The property fee collection standard is different in each place, and the specific property fee collection standard is announced by the local price bureau.
The property service provider shall regularly disclose to the owners the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, as well as the use of maintenance funds, the operation and income of the common part of the owners, and report to the owners' general meeting and the owners' committee.
2. What rights do owners enjoy in the process of property management?
1. Accept the services provided by the property service company according to the property service contract;
2. It is recommended to convene a general meeting of owners to make suggestions on matters related to property management;
3. Propose to formulate and revise the management regulations and the rules of procedure of the owners' meeting;
4. Participate in the general meeting of owners and exercise the right to vote;
5. Elect the members of the owners' committee and enjoy the right to vote;
6. Supervise the work of the owners' committee;
7. Supervise the performance of property service contracts by property service enterprises;
8. Have the right to know and supervise the use of the common parts of the property, common facilities and equipment and related venues;
9. Supervise the management and use of special maintenance funds for common parts of the property and facilities and equipment;
10. Other rights stipulated by laws and regulations.
3. How the owner can terminate the property contract in the early stage.
How can the landlord terminate the pre-property contract? The owner and the property can negotiate and terminate the contract in accordance with the regulations. The owners jointly decide to appoint and dismiss the property service enterprises through the owners' general meeting, and the owners' committee implements the decisions of the owners' general meeting and signs the property service contract with the property management service enterprises selected by the owners' general meeting on behalf of the owners.
The pre-property service contract can be agreed on for a period of time. However, if the property management service contract signed between the owners' committee and the property management service enterprise takes effect before the time limit expires, the previous property management service contract shall be terminated.
Article 11 of the Property Management Regulations 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) Formulate and revise management regulations;
3) Elect the owners' committee or replace the members of the owners' committee;
4) Selection and dismissal of property service enterprises;
5) Raise and use special maintenance funds;
6) Reconstruction and reconstruction of buildings and their ancillary facilities;
7) Other significant matters related to co-ownership and co-management rights.
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The following matters shall be jointly decided by the owners: the selection of the empty pants and the dismissal of the property service company; Elect or replace members of the Owners' Committee; development and revision of management protocols; raising and using special maintenance funds; Renovation and reconstruction of buildings and their ancillary facilities, etc.
Legal basis] Article 11 of the Property Management Regulations.
The following matters are 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;
5) Raise and use special maintenance funds;
6) To reconstruct or reconstruct buildings and their ancillary facilities;
7) Other major matters related to co-ownership and co-management rights.
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