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Does the court's judgment on one owner's right to know apply to all owners?
Under what circumstances can the owner request the publication of real estate information?
The people's court shall support the following information and materials that should be disclosed to the owner, and the owner requests to be published and consulted:
1, collection and use of maintenance funds for houses and ancillary facilities;
2 management regulations, rules of procedure of owners' congress, decisions of owners' congress or owners' committee and meeting minutes;
3. The use and income of the * * * part in the property service contract;
4. Configuration of parking spaces and garages planned for parking in the Construction Division;
5. Other information and materials that should be disclosed to the owner.
To sum up, the owner's right to know can be enjoyed by a single owner without collective exercise. Although the law and judicial interpretation clearly define the owner's right to know, it does not stipulate that it must be exercised collectively.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 278
The following matters shall be decided by the Owner * * *:
(a) to formulate and amend 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.
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