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Can a residential property company sign a contract with a telecom company without the consent of the owners' committee?
According to Article 6 of the Property Management Regulations revised in 2007, the owner has the right to know and supervise the use of * * * parts, * * facilities and related sites of the property;
Twenty-seventh owners shall not dispose of the ownership or right to use the parts and facilities of the property according to law;
Fifty-fifth the use of property * * * with parts, * * with facilities and equipment for business, should obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.
Article 58 Where a construction unit, in violation of the provisions of these Regulations, arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 65 Where a realty service enterprise, in violation of the provisions of these Regulations, changes the use of its realty management premises without the consent of the owners' meeting, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.
The above provisions were implemented after the promulgation of the new property law and have strong legal effect. Without the consent of the owners' committee, the contract signed by your property is invalid. At the same time, even if the owners' committee agrees, the interested owners must agree before signing this contract.
According to Article 12 (Construction Conditions) of the Detailed Rules for the Administration of the Establishment of Shanghai Public Mobile Communication Base Station, which came into effect on June 1 65438+12005 (Detailed Rules include the establishment of PHS base stations in the unified management category), the location and setting of new outdoor base stations by operators shall meet the following conditions: (1) "The site is located in a residential area. Priority should be given to the installation on non-residential buildings ... "Article 17 (Renewal of installation contract)" If the operator still needs to use the base station after the expiration of the installation contract signed with the owner or other right holder of the civil building, he can negotiate with the owner or other right holder of the civil building to renew the contract. " This "Detailed Rules for Implementation" is a legal document that has been implemented in Shanghai, and all branches of telecommunications bureaus across the country should refer to it. You have every reason to complain, apply for mediation, or even file a lawsuit.
At present, such a situation is fed back to the telecom company, which will generally be accepted and dismantled!
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