Legal basis of residents' autonomous committees

The legal basis of owner autonomy in residential property management is Article 278 of the Civil Code, which clearly stipulates the rights of owners in residential areas. Owners have the ownership of some houses in residential areas and the management right of residential affairs. Although there is no clear stipulation that the owners of residential areas can exercise owner autonomy, having the right to manage means that they can manage, that is, govern.

1. What is the legal basis for the owner's autonomy in residential property management?

The legal basis is Article 278 of the Civil Code (currently in force), which stipulates that the owner shall have the ownership of the exclusive parts of the building, such as houses and business premises, and the * * * parts except the exclusive parts shall have the right to jointly manage with * * *. Our country has made clear provisions on the owner's condominium ownership. Civil code is a private law, and owner autonomy embodies private law autonomy. Owners' autonomy means that owners make management regulations and make relevant decisions through the owners' meeting to manage their own property and affairs.

It can be seen that the content of condominium ownership of buildings in China includes three aspects, namely exclusive ownership, * * right and * * * condominium (member) right. Exclusive right is "the' individual soul' that distinguishes ownership, and it is also the element of individual ownership in the structure of distinguishing ownership." Its meaning refers to the right to distinguish the owner's free use, benefit and disposal of the exclusive part. "The exclusive part of the owner mainly refers to the owner's independent space and houses with independent entrances and exits, which is legally represented by the area registered by the title certificate." The * * * right refers to the right of the owner of a building to possess, use and profit from the * * * part of the building in accordance with the provisions of laws or management regulations. "The object of the * * * right, that is, the * * * part, refers to the part that distinguishes all buildings except the proprietary part and the appendages that do not belong to the proprietary part. * * * Some parts include both all * * * parts used by all differentiated owners and * * * parts used only by some differentiated owners.

Second, what is the principle of owner autonomy?

1. The principle of sovereignty

Sovereignty belongs to the owner, all rights belong to the owner, and the owner makes democratic decisions, and major issues are decided by all owners.

2. Procedural principles

Formulate rules of procedure, and all decisions must be made in accordance with the law.

3. Principle of separation of powers and checks and balances

Owners' autonomous organizations should be established, and decision-making bodies and executive bodies should be set up respectively, which are relatively independent and check and balance each other.

4. Principle of minority protection

Adopt a democratic voting mechanism in which the minority is subordinate to the majority, but prevent the majority from making decisions that infringe on the interests of the minority. It is inevitable for the public interest to make reasonable compensation for the interests of the minority who have suffered losses.

5. The principle of direct election

Members of the owners' committee and owners' representatives are directly elected by the owners.

6. Non-violence principle

You can petition peacefully, but you can't take violence.

7. The principle of participation

Owners participate in an orderly and effective manner according to procedures, and voting and running for owners' members and representatives are active forms of participation.

If it is necessary to set up an owners' committee in the residential area where the owners' autonomy is implemented, the owners' committee shall be set up by the owners' congress. However, it should be noted that when the owners' committee is established, the relevant departments of the local people's government should give guidance and assistance. After the establishment of the owners' committee, its decision is binding on all owners of residential areas, but it shall not harm the interests of owners. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.