Identification of the owner's identity in the civil code; Can the landlord elect the members of the industry Committee?

Identification of Owner's Identity in the Civil Code of People's Republic of China (PRC) * * * * The lessor may elect members of the industry committee.

Whether renters can participate in the election of the owners' committee, we must first make clear what the owners are. The owner refers to the owner of the property, that is, the property owner. Since it is not the owner of property rights, it cannot be called the owner. The owner is the owner of the property and enjoys all the rights of possession, use, income and disposal of the property, while the user only enjoys the right of possession, use or income under certain conditions, without the right of disposal, and the user of the property does not have the legal status of the owner.

Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be guided and assisted by the relevant departments of the local people's government and the residents' committee.

legal ground

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. Article 280 The decisions of the owners' congress or the owners' committee are legally binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.