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Once a year, the publicity period shall not be less than 15 days. Not less than once a year. If the contract system is adopted, it is not mandatory to publish all financial accounts, but only to publish them regularly or irregularly on the use of operating income in public areas. It is customary not less than once a year.
Legal analysis
The relevant laws stipulate that the owner has the right of ownership of the exclusive parts of the building, such as residential and commercial buildings, and has the right of co-ownership and joint management of the common parts other than the exclusive parts. Funds for the maintenance of the building and its ancillary facilities belong to the owners in common. By the joint decision of the owner, it can be used for the maintenance of common parts such as elevators and water tanks.
The raising and use of maintenance funds shall be announced. Property management service enterprises or other managers manage the buildings and their ancillary facilities in the building zoning according to the entrustment of the owners, and accept the supervision of the owners. The owner's right to know refers to the owner's right to know about the matters related to the owner's common rights and joint management rights in the building zoning, and the owner's right to know and supervise the use of the common parts, common facilities and equipment of the property.
After obtaining the consent of the relevant owners and the general meeting of owners and going through the relevant procedures in accordance with the relevant regulations, the property management company can use the common parts of the property and the common facilities and equipment to operate, and the income shall be owned by all or the relevant owners in the building zoning after deducting the operating costs, so the use and income of the common part are closely related to the interests of the owners, and the owners enjoy the right to know.
Legal basis
Property Management Regulations》 Article 6 The owner of the house is the owner. Owners enjoy the following rights in property management activities: (1) in accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise; (2) Propose to convene a general meeting of owners and make recommendations on matters related to property management; (3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners; (4) Participate in the meeting of the general meeting of owners and exercise the right to vote; (5) To elect the members of the owners' committee and enjoy the right to be elected; (6) To supervise the work of the owners' committee; (7) Supervise the performance of property service contracts by property service enterprises; (8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites; (9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds); (10) Other rights provided for by laws and regulations.
Article 285 of the Civil Code of the People's Republic of China Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly reply to the owners' inquiries about property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.
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Once a year, the publicity period shall not be less than 15 days.
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The accounts that the property needs to disclose to the owner are as follows:
1. The property management company shall publish to the owners' committee, all owners and audit units the income and expenditure of property service fees, the use of public revenues and detailed accounts, and all relevant financial original vouchers during the service period of the community;
2. The property management company announces the use of special maintenance funds to all owners' committees and owners. The owner's right to know is the owner's right to know about the matters related to the owner's common ownership and joint management right in the building zoning, and the owner's right to know and supervise the use of the common parts, common facilities and equipment of the property.
The owner's shared area includes: elevator shafts, pipe shafts, stairwells, garbage chutes, transformer rooms, equipment rooms, public foyers and passages, guard rooms on duty, and other public and administrative buildings serving the entire building, dividing walls between the common building spaces in the suite, and half of the horizontal projection area of the exterior walls.
Legal basis: Article 6 of the Property Management Regulations.
The owner of the house is the owner.
Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
(2) Propose to convene a general meeting of owners and make recommendations on matters related to property management;
(3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners;
(4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
(5) To elect the members of the owners' committee and enjoy the right to be elected;
(6) To supervise the work of the owners' committee;
(7) Supervise the performance of property service contracts by property service enterprises;
(8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of the property and common facilities and equipment;
(10) Other rights provided for by laws and regulations.
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Legal Analysis: The owner has the right to request that the property disclose its accounts. If the contract signed between the owners' committee and the property management company is a "lump sum system", the owner has no right to request the disclosure of the details of the income and expenditure of the property; On the other hand, if it is a "remuneration system", the property must disclose the details of income and expenditure.
Lump sum system, that is, the owner pays a fixed property service fee to the property service enterprise, and the surplus or loss has the property service service billing method enjoyed or borne by the property service enterprise. If the lump sum system is implemented, the composition of the property service fee includes the cost of the property service, the rated tax and the profit of the property service enterprise. The essence of this pricing method is market pricing.
Legal basis: Article 6 of the "Property Management Regulations" owners enjoy the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
(2) Propose to convene a general meeting of owners and make recommendations on matters related to property management;
(3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners;
(4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
(5) To elect the members of the owners' committee and enjoy the right to be elected;
(6) To supervise the work of the owners' committee;
(7) Supervise the performance of property service contracts by property service enterprises;
(8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of the property and common facilities and equipment;
(10) Other rights provided for by laws and regulations.
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Legal Analysis: It is the duty of the landlord to pay the strata fee, but the landlord has the right to supervise the use of the strata fee. Now the property company is not the property company hired by the owners' committee, the owner does not pay the property fee is wrong, and has the right to find the competent department of the property to reflect, order the public audit accounts, or the owners' committee can hire the property company, and the two parties sign a contract.
Legal basis: Article 7 of the "Property Management Regulations" The owner shall perform the following obligations in the property management activities:
1) Abide by the management statute and the rules of procedure of the general meeting of owners;
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 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.
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