How to protect the legitimate rights and interests of owners in property management regulations

According to the relevant provisions of the Property Law of People's Republic of China (PRC), the State Council decided to amend the Property Management Regulations, and recently issued the revised Property Management Regulations. Clarify the responsibilities of the owners' congress and the owners' committee. The "Regulations" clarify that the owner of the house is the owner. All owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. A property management area establishes an owners' meeting. The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The "Regulations" stipulate that owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located or the sub-district offices and township people's governments. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee. The owners' committee shall conclude a written realty service contract with the realty service enterprise. According to the regulations, a property management area should be managed by a property service enterprise. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. The "Regulations" clarify that the ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house. Property service enterprises shall not charge fees. According to the regulations, property service charges should follow the principles of reasonableness, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit. The "Regulations" propose that in the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units should charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. Public buildings and facilities in the property management area shall not be changed. According to the regulations, public buildings and facilities in the property management area built according to the plan shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. The "Regulations" clearly stipulate that owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit. The "Regulations" also stipulate that if the owner needs to decorate the house, he should inform the property service enterprise in advance.