Is it legal to contract out the community swimming pool?

It is illegal, because the swimming pool in the community is the property of the owner. If contracting abroad, it must be approved by the owner before it can be carried out. If the owner does not agree, it is illegal.

Whether the residential swimming pool is legally contracted depends on the situation. If the owner has recorded in the supporting facilities that the swimming pool is shared by all owners when purchasing the commercial house, then the swimming pool in the community should be shared by all owners. When the developer or property management company outsources the swimming pool, it shall be agreed by more than half of the owners who vote, and by more than half of the owners who vote. If outsourcing is not decided by the owners' meeting, the owners may claim that the outsourcing contract is invalid.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, if a construction unit, a realty service enterprise or any other manager arbitrarily occupies or disposes of the owner's part, changes its use function or engages in business activities, the people's court shall support the obligee's request to remove obstacles, restore the original state, confirm that the punishment is invalid or compensate for losses.

note:

We can see who contracted it out. If it belongs to a residential property, then the owner can investigate the responsibility of the property. If it belongs to the industry Committee, then this is agreed by the industry Committee and this is legal. If the owner disagrees, he can go to court to defend his rights. Or directly complain to 12345.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 278 of the Civil Code of People's Republic of China (PRC)

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.