What is the owners' convention?

Owners' convention, also known as property management convention, is a public contract, a code of conduct concluded or promised by owners, and is binding on all owners on the use, maintenance and management of property and the interests of owners. Owners' convention is an important basic document in property management. Generally, the owners' committee will make amendments and supplements according to the model text of the owners' convention formulated by the government and combined with the actual situation of the property, which will take effect after being discussed and approved by the owners' general meeting. Owners' convention is the highest autonomy rule for all owners, which belongs to the nature of agreement and contract. Its purpose is to adjust the relationship between owners in the property management area and create a comfortable living environment for owners.

How to understand the legal effect of the owners' convention

The owners' convention is binding on all owners in the property management area. Since the owners' convention must be signed by the owners in the property management area and have legal effect, the effective scope of the owners' convention certainly involves all owners. To understand the legal effect of the owners' convention, we should pay attention to the following two points:

(1) The owners' convention also has legal effect on property users. For example, the lessee, because one of the core contents of the owners' convention is to regulate the use order of the property, the users of the property will inevitably affect the state of the property based on their actual use of the property, and the owners' committee or the property management enterprise will inevitably deal directly with the users of the property, so it is objectively necessary to incorporate it into the property management activities.

(2) The owners' convention automatically takes effect for the heirs (i.e. owners) of the property. In the transfer and inheritance of property, the ownership of the property will change and transfer to the transferee. However, the owners' convention will take effect automatically without any formal commitment from the new successor. For example, buying a second-hand house does not need to sign the owners' convention to confirm. You already think that you acquiesce to the owners' convention and automatically abide by it.

What is the responsibility for violating the owners' convention?

The owners' convention is an open contract signed by the owners and has strong binding force. According to Articles 1 1 and 12 of the Property Management Regulations, the power to "formulate and amend the owners' convention" is exercised by the owners' assembly, and "the decision of the owners' assembly to formulate and amend the owners' convention must be adopted by more than two-thirds of all owners in the property management area" and "the decision of the owners' assembly is binding on all owners in the property management area" Article 7. It can be seen that it is an important obligation of the owners to abide by the provisions of the owners' convention. As individual owners, even if they think some clauses in the owners' convention are unreasonable, they must abide by them. If you want to modify it, you must wait until the owners' meeting is held and the owners' meeting votes. Before the amendment of this article, if there is any violation, it will bear corresponding responsibilities.