Job Recruitment Website - Property management - How to define the identity of the owner
How to define the identity of the owner
First, how to identify the owner?
First, a person who has registered according to law or obtained exclusive partial ownership based on valid legal documents, inheritance or bequest, and legally built a house shall be recognized as the owner. This is a general rule to define ownership.
Second, based on the civil legal act of buying and selling commercial housing with the construction unit, a person who legally occupies the exclusive part but fails to register the ownership according to law can be identified as the owner referred to in Chapter VI of the Property Law.
The "person" mentioned here refers to a civil subject who can participate in civil legal relations according to law, enjoy civil rights and assume civil obligations. The "person" who can become the owner is not limited to natural persons, but also includes legal persons (enterprises, institutions and associations), partnerships and unincorporated groups, and may also include the state under certain circumstances.
Third, the scope of the owner does not include the exclusive parts of the lessee, borrower and other property users.
Second, the owners mainly enjoy the following rights:
(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) put forward suggestions on formulating and amending the management statute 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 realty service enterprise to perform the realty 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);
Third, the owner does not pay the property fee?
(a) through telephone inquiries, door-to-door visits and other forms, to understand the reasons for the owners' arrears of property fees. If the problems reflected by the owners are real and can be solved within the capacity of the property service enterprises, they should actively solve the problems for the owners until they are satisfied.
(2) After solving the problem, if the owner is still unwilling to pay the property fee, he can send a reminder notice of the property fee while further communication, giving him sufficient time to consider whether to pay the property fee, and publicize the list of people who refuse to pay the property fee in a prominent position in the property management area.
(3) Establish a system of copying the arrears of staff in government agencies and institutions, and copy the list of cadres and workers who do not support property management and fail to pay property service fees in time to all units, and urge them to cooperate with property management and pay property fees as soon as possible.
(4) After the above communication, if the property service fee is not paid within the time limit, the property service enterprise can bring a lawsuit to the people's court in the form of judicial proceedings, and the court will intervene to accept the case of overdue payment of property service fee.
The above is a detailed introduction on how to identify the owner. To sum up, I remind you that in fact, in real life, based on the civil legal behavior of buying and selling commercial housing with the construction unit, there are a large number of housing buyers who legally occupy and use the exclusive parts, but have not registered the ownership according to law. If you have any legal questions, it is recommended to consult a professional lawyer.
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