Provisions on property in property law

Chapter VI Owners' Differentiated Ownership of Buildings

Article 73 The owner shall have the ownership of the exclusive parts of buildings such as houses and commercial buildings, and the joint management right of the * * * parts other than the exclusive parts.

Article 74 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building, but it shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 75 When the owner transfers the ownership of his exclusive part, his ownership and management right of the exclusive part are transferred together.

Seventy-sixth green space, roads and property management houses within the building division belong to the owners, except for municipal construction.

The ownership of clubs and garages, if agreed, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it belongs to the owner unless the construction unit can prove its ownership.

Article 77 Owners may set up owners' meetings and elect owners' committees.

The relevant departments of the local people's governments at or above the county level shall give guidance and help to the establishment of the owners' congress or the election of the owners' committee.

Article 78 The following matters shall be decided by the owner according to law:

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

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) the election and replacement of the owners' committee;

(four) the election and dismissal of property management agencies or other management personnel;

(five) to raise and use the building and its ancillary facilities maintenance fund;

(six) repair, alteration and reconstruction of buildings and their ancillary facilities;

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

Decisions on the matters listed in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. Where there are other provisions in the law, those provisions shall prevail.

Article 79 When an owner makes a decision on the matters specified in Item 5 and Item 6 of Paragraph 1 of Article 78 of this Law, it shall obtain the consent of the owner whose exclusive part accounts for more than two thirds of the total building area and more than two thirds of the total number of owners.

Article 80 Where a house is converted into a commercial residence such as catering and entertainment. , must obtain the consent of all interested owners.

Article 81 The decisions of the owners' congress or the owners' committee are binding on the owners.

Eighty-second buildings and ancillary facilities maintenance fund belongs to all owners, can be used for local maintenance of elevators, water tanks, etc. According to the decision of the owner. The collection and use of maintenance funds shall be announced regularly.

Article 83 * * If there is an agreement on matters such as cost sharing and income distribution of buildings and their ancillary facilities, it shall be implemented in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part.

Eighty-fourth owners can manage their own buildings and ancillary facilities, but also entrust property management agencies or other managers to manage.

The owner has the right to replace other management personnel employed by the property management agency or the construction unit.

Eighty-fifth property management agencies or other managers should be entrusted by the owners to manage the buildings and their ancillary facilities within the building division, and accept the supervision of the owners.

Eighty-sixth owners should abide by laws, regulations and management regulations formulated by the owners' congress.

The owners' congress and the owners' committee have the right to require the actors to stop the infringement, eliminate the influence, remove the obstruction and compensate the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, occupying passages, discharging atmospheric pollutants, discharging noise, raising animals illegally, building buildings illegally and refusing to pay property fees.

Construction planning, environmental sanitation, public security and other administrative departments shall, in accordance with relevant laws and regulations, deal with acts that harm the legitimate rights and interests of others within the building division.

Eighty-seventh disputes arising from infringement of owners' rights and interests, breach of contract of property management institutions, etc., with the consent of more than two thirds of the owners, the owners' congress may bring a lawsuit in the name of the owners' congress and apply for arbitration; Owners can also file a lawsuit in their own name and apply for arbitration.