Does the owners' convention have legal effect?

The owners' convention has legal effect.

Legal analysis

Owners' convention, also known as property management convention, refers to the code of conduct that all owners promise and are binding on all owners, involving the rights and obligations of owners in the use, maintenance and management of property. This is an important document in property management, which is generally revised and supplemented by the management committee according to the model text formulated by the local government and combined with the actual situation of the property, and takes effect after being discussed and approved by the owners' meeting. Generally speaking, the occupancy rate of the property reaches more than 30%, and the owners who hold more than half of the voting rights can sign the owners' convention, which will take effect after their consent. Validity of the owners' convention: 1. Owners' convention is a code of conduct for the use, maintenance and other management services of property, which is binding on all owners. The user shall abide by the owners' convention. 2. The owners' convention shall come into force as of the date of consideration and adoption by the owners' congress or the owners' congress. 3, the owners' committee shall, within fifteen days from the date of entry into force of the owners' convention, report the owners' convention to the local district and county real estate management departments for the record; 4. The decisions made by the owners' congress and the owners' committee are binding on all users in the property management area. 5. The owners' convention and the decisions made by the owners' congress, owners' congress and owners' committee shall not conflict with laws and regulations.

legal ground

Article 5 of the Civil Law of People's Republic of China (PRC) * * When engaging in civil activities, civil subjects shall follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes. Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.