property law

Legal Analysis: On May 28th, 2020, the Third Session of the 13th National People's Congress voted to pass the Civil Code of People's Republic of China (PRC), which came into effect on October 28th. The Property Law of People's Republic of China (PRC) shall be abolished at the same time.

Legal basis: Civil Code of People's Republic of China (PRC).

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 278 The following matters shall be decided by both owners: (1) Formulating and amending 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 282 The income obtained by the construction unit, the realty service enterprise or other managers from the * * * part of the owner, after deducting reasonable expenses, shall be owned by the owner.

Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management to the property service enterprise or other managers. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.