Relevant provisions on property management in civil code

As a code of the new era, the Civil Code closely follows the pulse of the times, responds to the needs of the times and embodies the characteristics of the times. In the whole legal system, civil law has the closest relationship with the broad masses of the people, involving all aspects of social life and economic life, and is closely related to everyone. From food, clothing, housing and transportation to production and operation, it is regulated by civil law. For this reason, the Civil Code is called the "encyclopedia" of social life, the "declaration" of people's rights and the "basic law" of market economy. In the process of compiling the draft civil code, opinions from all sides were widely solicited, and all citizens were allowed to participate and fully express their opinions. Some specific regulations, such as throwing objects at high altitude, property services and privacy protection, fully reflect public opinion.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 271 The owner shall have the ownership of the exclusive parts of the building, such as residence and business premises, and the right to jointly manage the * * * parts other than the exclusive parts.

Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 273 The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building. You may not fail to perform your obligations on the grounds of giving up your rights.

When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties through sale, gift or lease.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.

Article 277 An owner may establish an owners' meeting and elect an owners' committee. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 278 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.

Article 279 An owner may not change his residence into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.

Article 280 The decisions of the owners' congress or the owners' committee are legally binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.