Legal responsibility of owners of supporting facilities and public facilities in residential areas.

The main body of ownership of supporting facilities and public facilities in residential areas is the owner.

The legal responsibility of the owner is also an obligation. In accordance with the provisions of the property management regulations, the owners shall perform the following obligations in the property management activities:

1, abide by the owners' convention and the rules of procedure of the owners' congress;

2. Abide by the rules and regulations on the use of * * * parts and facilities in the property management area, and maintain public order and environmental sanitation;

3. Implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

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 stipulated by laws and regulations.

The owner's rights include:

1. The right to own property according to law;

2. The right to reasonably use public facilities of the house (stairs, passages, elevators, water pipes, pressurized water pumps, public antennas, balconies, fire-fighting equipment, etc.). ) and public facilities in residential areas and public places (places) (roads, cultural and entertainment places, sports facilities, parking lots, bicycle houses, etc.). ) handle it according to law;

3. Have the right to carry out interior decoration, maintenance and renovation within the permitted scope in accordance with relevant regulations;

4. Have the right to legally repair and maintain various pipelines, wires, water tanks and other facilities in the occupied parts of the house by themselves or by hiring others;

5. Have the right to suggest that the property management company timely organize maintenance according to the external walls, stairwells, passages, roofs, water supply and drainage pipelines, public water tanks, booster pumps, elevators, mechanical and electrical equipment, public antennas, fire-fighting facilities, etc., and the expenses shall be paid from the residential maintenance fund;

6. Have the right to use roads, street lamps, ditches, canals, ponds, wells, landscaping, cultural, recreational and sports facilities, parking lots, corridors and bicycle houses in residential areas? Public facilities and public places in residential areas such as sheds? For the situation of land, it is recommended that the property management company carry out maintenance in time, and the expenses shall be paid from the management service fee;

7. Have the right to ask the property management company to stop and correct all kinds of illegal buildings, illegal decoration and other acts in violation of property management regulations in residential areas;

8. Have the right to participate in the owners' meeting and vote on the management decisions of residential areas;

9. Have the right to ask the CMC and the property management company about the property management in this community, and get a reply within three days;

10. Have the right to require the CMC and the property management company to regularly publish the income and expenditure accounts of residential property management within the time limit specified by the municipal government;

1 1. has the right to put forward suggestions, opinions or criticisms on the property management in residential areas, and may request the management committee to intervene and punish the property management company for violating the contract or relevant regulations;

12. Have the right to request the management committee to hold the owners' meeting with other owners on a certain topic;

13. Have the right to complain to the municipal housing management department and the district housing management department or put forward opinions and suggestions on the property management of this residential area;

14. Have the right to ask other personnel who are responsible for the maintenance of adjacent parts to assume the maintenance responsibility. If the other party does not maintain, it may request the property management company to maintain it on its behalf, and share the maintenance cost as required.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

This clause mainly stipulates the rights of the owners.

This paper can be divided into two levels for analysis:

(1) The owner of the house is the owner.

The owner in a general sense refers to the owner of the property. The owner is not only the basic subject of the legal relationship of owner's individual autonomy, but also the constituent subject of the legal relationship of owner's group autonomy.

The classification of owners is as follows:

1. According to whether the owner is a natural person or a legal person, it can be divided into natural person owners and non-natural person owners.

The so-called natural person owner refers to the natural person who owns the property. If a property buyer pays the house payment without registration, he cannot be called the owner of the house. Only after the transfer registration can you become the owner of the house.

The so-called non-natural person owner means that the owner of the property is a subject other than a natural person, including legal persons and unincorporated organizations. If a company pays the house payment and registers with the real estate department, it becomes the owner of the house registered by the real estate department.

2. According to whether the owners own the property alone or jointly with others, they can be divided into owners with independent property rights and owners with property rights.

This distinction has different points according to different standards. First, it can be distinguished from the form, that is, from the property right certificate of the house. Only one owner enjoys the property right on the real estate license, and the owner is the owner with independent property right. The property right certificate indicates that the property right belongs to * * *, then the owner indicated in the property right certificate is the owner with property right. Second, it can be distinguished in essence, that is, whether the property right of the house belongs to one owner or several subjects in essence. In fact, most houses in life are owned by families, and there is often only one natural person as the owner on the real estate license. Formally speaking, the owner of this property is the owner of independent property rights, but in essence, the owner of this property is the owner of property rights.

There are several categories of owners: according to the different nature of property ownership, owners can be divided into two categories: public housing owners and private housing owners. According to Chinese law, the owner of public houses refers to the state and the collective, but in a narrow sense, it only refers to the state and its authorized departments or units to manage public houses; Private owners only refer to the owners of residential and non-residential houses owned by individuals or several people for their own use or rental according to the provisions of the second paragraph of Article 2 of the Regulations on the Administration of Urban Private Houses in the State Council. However, private owners in a broad sense refer to "private individuals" who enjoy property ownership, including natural persons, legal persons of non-state organs and other organizations. According to the different basic uses of the property, the owners can be divided into residential property owners and non-residential property owners. Owners can be divided into big owners and small owners according to the share of property ownership. According to the order and basis of obtaining the qualification of the owner, the owner can be divided into three categories: the original owner (mainly referring to the owner of the newly-built property), the successor owner (mainly referring to the purchaser of the property) and the prospective owner (mainly referring to the industry committee regarded as the owner according to law and the legal holder of the property use right).

Property user is a concept related to the owner. Generally speaking, property management only involves the rights and obligations between owners and property companies, and does not involve users. But now more and more owners buy commercial housing not for their own occupation, but for investment. This part of the owners will rent out the purchased house to others after buying a house. In this way, the property management relationship involves not only the owner and the property company, but also the lessee. In addition, the actual user of the property may also be the user of unsold public houses. It is necessary to distinguish the concepts of owners and property users, and make it clear that property users are not owners. The user of the property refers to the lessee of the property and other people who actually use the property. The owner is the owner of the property and enjoys all the rights to possess, use, benefit and dispose of the property; Users only enjoy the right to possess, use or under certain conditions, and have no right to dispose of property. In the past, China's property management legislation was not perfect, and the different rights and obligations of property owners and users were not clearly distinguished. Some normative documents only used the title of "property owner" in general, which made the concepts of property owners and users unclear and the rights and obligations were not well distinguished.

(2) the owner's rights.

Property management is for the benefit of all owners. According to the regulations, the owners' rights in property management mainly include:

1. Accept the services provided by the property management enterprise according to the stipulations of the property service contract.

The property service contract is a legal document signed by the owners' committee elected by most owners and the property management enterprise selected by the owners' congress, which entrusts the property management enterprise to conduct comprehensive property management. The property service contract is the basic legal basis for determining the rights and obligations between the owner and the property management enterprise. The main purpose of the contract between the owner and the property management enterprise is to accept the services provided by the property management enterprise. Therefore, according to the property service contract, the right to accept the services provided by the property management company is the most basic right enjoyed by the owners.

2. Propose to convene a meeting of the owners' congress to make suggestions on matters related to property management.

The owners' congress is an autonomous organization composed of all owners in the property management area, safeguarding the public interests of all owners in the property management area and exercising the autonomy of owners in property management. The owner has the right to propose a meeting of the owners' general assembly in order to solve the problems related to the public interests of the owner in time. At the same time, owners are users of property management, and the quality of property management directly determines whether the interests of owners can be fully guaranteed. Therefore, the owner has the right to make suggestions on property management matters.

3. Put forward suggestions on formulating and amending the owners' convention and the rules of procedure of the owners' congress.

Owners' convention refers to the code of conduct on the rights and obligations of property use, maintenance and management, which is concluded or promised by the owners and is binding on all owners. The rules of procedure of the owners' meeting involve the meeting procedures that should be followed when convening the owners' meeting, the requirements for passing resolutions and other relevant rules. These laws and regulations directly determine and affect whether the owner's autonomy can be fully and effectively protected. Therefore, the owners should be given the right to formulate and amend the owners' convention and the rules of procedure of the owners' congress.

4. Attend the owners' meeting and exercise the right to vote.

The right to attend the meeting includes the right to notify the meeting, which requires that the notice of the meeting must be sufficient, clear and punctual. Participating in the owners' meeting is the premise of ensuring the democratic voting rights of owners. Voting right is the realization of owners' democratic rights.

5. Elect members of the owners' committee and enjoy the right to be elected.

The owners' committee is an organization elected by the owners' congress and registered by the real estate administrative department to represent and safeguard the legitimate rights and interests of all owners in property management activities. The owners' committee is a permanent institution in the property management area, which exercises the owner's autonomy management right on behalf of the owners. Owners can enjoy the right to elect members of the owners' committee, which also determines whether the owners' own will can be conveyed in the work of the owners' committee, thus determining whether the interests of the owners can be fully guaranteed. At the same time, the owners have the right to be elected as the owners' committee. The right to stand for election means that the owners, as members of the property autonomy management organization, have the right to be elected as members of the owners' committee.

6. supervision.

The contents of supervision mainly include: supervising the work of the owners' Committee; Supervise property management enterprises to perform property service contracts; Have the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites; Supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment.

(1) Every owner has the right to supervise the work of the owners' committee. The owners' committee is an autonomous organization of the owners, which should represent the interests of the owners, and its resolutions and actions should carry out this purpose. However, members of the owners' committee also have personal interests, and in the case of poor supervision, they may delay exercising the duties entrusted by the owners. In addition, individual members may also consider personal interests, or be bribed by property management companies to harm the interests of owners. At the same time, the owners' committee may also need to manage some funds paid by owners, involving some public property issues. In this regard, the owners should enjoy certain supervision rights and protect their legitimate rights and interests.

(2) The owner has the right to supervise the property management company to perform the property service contract. The property management enterprise is the legal subject entrusted by the owners collectively to manage the property owned by the owners, who are the counterpart of the contract and have the right to supervise the various management behaviors of the property management enterprise. However, it should be noted that the owners only have the right to supervise the work of the property management enterprises and managers, and may not directly punish the employees under the property management enterprises. If the owner is not satisfied with the employee's work, he should raise it with the property management company, which will take appropriate measures. At the same time, although the owners have the right to supervise the fees charged by the property management company, they have no right to check the finances of the property management company. As the payer of expenses, the owner has the right to supervise the property, but the way to exercise these rights is not to manage the accounts of the enterprise through private inspection by the owner. The purpose of checking the company's accounts is to supervise the openness and transparency of the financial expenditure of the property management enterprise, check whether it conforms to the budget items, and whether it deceives the owners in terms of expenditure. However, the financial accounts of property management enterprises are not only responsible to the owners, but also have their own legal economic operation. According to the provisions of China's accounting system, no one can audit the accounts as an individual and make a legally effective audit certificate. Therefore, the owner has no right to directly check the financial accounts of the property management enterprise. Moreover, if every owner asks to check the enterprise accounts at will, it will also affect the daily normal operation of the property management enterprise. Owners exercise this right of supervision and check the financial expenditure of property management enterprises, and should make a request to the owners' committee, which will entrust a professional firm to carry out the inspection. Only accounting firms recognized by national laws can provide effective audit reports, achieve the purpose of auditing accounts, safeguard the legitimate rights and interests of both parties, and really help owners exercise their legitimate supervision rights.

(3) Have the right to know and supervise the use of * * * parts, * * facilities and related sites of the property. The * * * used parts, * * used facilities and related sites of this property are not unique to the owner, and their use situation is not as clear as its own property, so the owner has the right to know its use situation and supervise the use of the * * * used parts, * * used facilities and related sites of this property.

(4) Supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment. If the special maintenance funds are not effectively supervised, it may lead to abuse. Therefore, the owner has the right to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment.

7. Other rights stipulated by laws and regulations.

Owners' rights may be stipulated in other laws and regulations, and owners certainly enjoy these rights. For example, the owner has ownership of the area determined by the fulfilled house sales contract and real estate license. In addition, the owner has the same ownership and right to use some walkways, hallways, lawns and roads as other owners. The residential area sold under the same series of contracts is calculated according to the theory of building ownership and legal provisions. Owners have the right to sell, donate, lease, lend, mortgage and other punishments to the houses they own in accordance with the law, without illegal interference from other owners, owners' autonomous organizations and property management enterprises.