Concept and rights of owners in residential quarters

The two judicial interpretations summarize the problems existing in judicial practice since the implementation of the Property Law, and put forward the principles that should be mastered in the trial according to the legislative provisions, which provide a standard for the owners and property service enterprises to clarify the rights and obligations of both parties and measure their own behavior. The concept of owner refers to the owner of a certain property, including natural persons, legal persons, other organizations and countries. The two judicial interpretations of residential quarters summarize the problems existing in judicial practice since the implementation of the property law, and put forward the principles that should be mastered in the trial according to the legislative provisions, which provide a standard for the owners and property service enterprises to clarify the rights and obligations of both parties and measure their own behavior. Concept of owner

Owners refer to the owners of certain properties, including natural persons, legal persons, other organizations and countries. The owners of residential quarters usually refer to the owners who buy houses and are one of the important civil subjects in the legal relationship of property management. Article 70 of the Property Law stipulates that the owner shall have the ownership of the exclusive parts of the building such as the business premises, and the condominium of the * * * parts other than the exclusive parts. Although the law gives highly generalized written provisions, it cannot cover and explain all kinds of special phenomena in practice.

According to Article 1 of the Supreme Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings: "A person who has registered according to law or obtained the exclusive ownership of a building in accordance with the provisions of Section 3 of Chapter 2 of the Property Law shall be recognized as the owner referred to in Chapter 6 of the Property Law." Simply put, anyone who registers or obtains property ownership according to law is the owner. The owner is the person who can produce the house ownership certificate or obtain the house ownership according to the court judgment, arbitral award, government administrative decision or inheritance relationship. The owner who has legally built his own house can also become the owner, and the owner who has purchased the house but has not obtained the house ownership certificate is also the owner. The legal status of these owners is confirmed and guaranteed by law, so they can be called legal owners. The core of this concept is to determine the owner according to property rights.

In practice, it often happens that children buy a house, work and live outside all the year round, and their parents live all the year round; Children buy houses and live with their parents; Children buy houses and live with their parents from time to time. Are such parents, couples and children the owners of the community or should they be different? What is the difference? What is the standard? Residential area is the owner's autonomous area. Whether an individual has the identity of an owner, whether he can participate in community affairs as an owner, and whether he can become a member of autonomous organizations such as owners' committees has become a more complicated issue. Corresponding to the legal concept of owner is the concept of owner in life, and the owner in life does not or does not fully enjoy all the rights of the owner in law. This is the basic principle to identify the owner and the standard to distinguish the owner.

According to the law, the owner of the house is the legal owner. Although his parents live here and enjoy the possession and use rights of some owners of the house, they cannot dispose of the property. Some children live in another house, or work and live abroad, but they don't live in residential areas, and they don't directly enjoy and exercise the rights of owners. And its purchase is to provide housing for parents, who live in the community and enjoy property services. The management affairs of the community are directly related to their various interests, and their legal status is equivalent to the legal prospective owners. In my opinion, with the children's written authorization, it is clear that such owners can exercise their rights, participate in the affairs of the community, have the right to vote and participate in elections, get recognition from other owners, and be elected as members of the community autonomous organization.

Some families in the family where it runs have their household registration and live in the community. Property buyers are children of the second generation, and all three generations enjoy property services. Public affairs in the community are directly related to them, but three generations may have completely different opinions and views on a specific matter. People who have the right to vote and stand for election can only be determined according to the standards of legal owners. Others can only be identified as owners in life and do not enjoy the full rights of legitimate owners.

Parents often come to live with their children when they buy a house, but parents also have other houses. Such parents do not have the identity of the owner of this community, but can only be regarded as temporary residents or relatives and friends of the owner, and do not have the subject qualification to enjoy property services. Shall not participate in the public affairs of this community, including the legal evaluation of other owners, owners' committees or property service enterprises. Even if they have reasonable opinions, they should put forward them through the property owners, not as their own opinions. In practice, people who occasionally live in the community and only have relatives and friends with the owners, or even just go in and out of the community, will think of themselves or claim to be the owners, criticize and put forward various demands on the management affairs of the community, and need to be carefully screened to prevent abuse of the owner's identity from infringing on the management of the community and the rights of other owners.

How to determine the master identity between husband and wife or the master identity of * * *? According to the judicial interpretation, the person legally registered on the property right certificate is the owner, so the husband and wife are * * *, and there will be more than two owners in a house or a house. If both husband and wife have opposite opinions on the same matter in community elections or voting activities, which party's opinion should be counted as a valid vote? In view of this situation, it is necessary to establish the concept of the owner's exercise of rights in advance, and determine the husband or wife with the owner's identity as the exerciser through self-negotiation, that is, the person who signs the vote usually takes the name of the real estate license as the standard, while other people with the owner's identity cannot vote as the exerciser, and can only determine an owner's opinion through self-exclusion.

Determining the legal owner's identity is of great significance to community management affairs, which involves the legitimacy and effectiveness of voting and election activities of members of community autonomous organizations, the legitimacy and effectiveness of owners' participation in property management activities, the legitimacy and effectiveness of owners' rights protection actions, and the qualification of owners to file lawsuits, which will lead to legal consequences that cannot be ignored and should be accurately grasped in practice. For example, in the election, arrange personnel to screen and confirm the qualifications of the owners who participated in the election and were elected to ensure the validity and legitimacy of the voting results; Prompt the voter's identity as an exerciser when soliciting opinions to ensure the validity of the voting results. If this work is neglected, there may be a case where a family has expressed some voting opinions, but the exerciser denied the voting opinions, resulting in inaccurate voting results. It can also prevent people without the identity of the owner from asking the property service enterprise to provide additional services in the name of the owner, and even disturb the management order of the community. This kind of examination is the same as the qualification examination of voters and candidates in election activities, and should be a routine work content in the autonomous management activities of residential quarters.

Owner's rights

In addition to the civil rights of general civil subjects, the owners of residential quarters should also have the rights of specific subjects.

The right of the owners of residential quarters is first of all the complete ownership of the exclusive part of the property, that is, the right to possess, use, benefit and dispose of the shopping industry. As a legal feature of ownership, it emphasizes that ownership is an absolute right. The subject of ownership is specific, but the subject of obligation is not. The owner's ownership of his property is guaranteed by law and respected by others. In practice, in order to force the owners to pay the property fees, the employees of the property service enterprises cut off the water and electricity facilities entering the houses, resulting in the owners' inability to use water and electricity normally. This is a serious violation of the owner's right to use the property and an illegal act that violates the law. Property service enterprises should bear tort liability for this.

Owners have the right to use, benefit and participate in the management of all parts of residential quarters.

Owners have the right to know, participate in management, put forward opinions and suggestions and supervise the management affairs involving community autonomy.

Owners have the right to request the realty service enterprise to provide corresponding services in accordance with the service contract, and have the right to lodge a complaint with the realty service enterprise.

Owners have the right to bring a lawsuit against other owners, property service enterprises and owners' committees that have caused damage to their own households.

Owners have the right to vote and stand for election in the process of establishing community autonomous organizations.

Corresponding to the above-mentioned main rights, the owners of residential quarters should also fulfill their corresponding obligations. If they only emphasize their rights without fulfilling their obligations, the exercise and protection of their rights will also be restricted.

Judicial interpretation has also made clear provisions on some vague points in practice, such as Article 4 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings: "If the owner uses the roof and external wall corresponding to the exclusive part of the house, business premises and other specific use functions without compensation, it should not be considered as infringement. However, unless it violates laws, regulations and management regulations and harms the legitimate rights and interests of others. " The top floor and exterior wall of a residential apartment belong to the owner in legal attribute. However, some owners often regard the adjacent or their own penthouse terrace as their own exclusive venue, and turn it into a platform for drying clothes, enjoying the cool, a small garden, or even planting vegetables or illegally building it, which will affect or even disgust other owners. Some owners installed large advertisements on the external walls of their houses, which caused the intervention of property service enterprises and disputes between the two sides. The judicial interpretation makes it clear that the use "based on reasonable needs" does not belong to infringement. What is "reasonable need"? For example, putting flower pots on the top floor, hanging clothes and enjoying the cool quietly are all reasonable and should be allowed as long as they do not cause intrusion or damage to others. "But it is illegal to set up and publish outdoor advertisements without approval, unless it violates laws, regulations and management regulations and harms the legitimate rights and interests of others"; Building a shed on the top floor without authorization, or taking the top floor as your own, are all "exceptions" in the book. Judicial Interpretation According to the relevant provisions of the Property Law, the statute of community management has also been listed as one of the legal basis, which highlights that the statute of urban residential community autonomy management has been incorporated into our legal system, and it is illegal to clearly violate the statute of community autonomy management, and other owners, owners' committees and property service enterprises have the right to ask the offenders to correct it.