20 17 Judicial Interpretation of Property Law: Use and Maintenance of Property

Chapter VI Use and Maintenance of Property

Eighty-fifth owners have the right to manage the parts, facilities and equipment of the property within the property management area according to law.

If the property management area belongs to the * * * part of the owner and * * * operates with facilities and equipment, it shall be approved by the owner whose proprietary part accounts for more than half of the total construction area and accounts for more than half of the total number, and relevant procedures such as fire fighting shall be handled according to law.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Without the consent of the owners whose proprietary parts account for more than half of the total construction area and more than half of the total number of people, the construction unit and the realty service enterprise shall not sell or rent them without authorization.

The profits gained from using the * * * parts, * * facilities, equipment and sites owned by the owner shall be owned by all owners according to law. The management organization agreed in the management statute or decided by the relevant owners and owners' meeting shall set up a special account for management, which shall be made public to all owners on a regular basis, and the management organization shall not misappropriate it without authorization. The owners' congress, owners' committee or owners' board of supervisors may entrust an accounting firm to audit the management institution and notify all owners of the audit report.

Eighty-sixth owners, property users, decoration enterprises to participate in residential interior decoration projects, should sign a residential interior decoration management service agreement with the property service enterprises. Owners, property users and decoration enterprises shall abide by the relevant provisions of the service agreement, management regulations and residential interior decoration in the decoration activities.

The realty service enterprise shall provide corresponding services for the owners, property users and decoration enterprises in accordance with the service agreement, and give clear guidance on the collection and transportation of decoration waste. Property service enterprises shall not assign decoration enterprises to owners or property users or forcibly sell decoration materials.

Residential decoration caused damage to the property * * * parts, * * facilities and equipment, the owners and property users shall promptly repair; If losses are caused, it shall be liable for compensation according to law.

Eighty-seventh property security risks or affect the normal use of others, the owners, property users or property services companies should timely repair, maintenance or take preventive measures.

Eighty-eighth any unit or individual shall maintain the facilities and environment in the property management area, and shall not commit any of the following acts:

(a) damage or unauthorized changes to the bearing structure and main structure of the house;

(two) in violation of laws, regulations and management regulations, change the purpose of the house and change the house into a business house;

(3) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens, or changing bathrooms above bedrooms, living rooms (halls), study rooms and kitchens of lower-level households into bathrooms;

(four) destroying or changing the appearance of the house without authorization;

(five) illegal construction of buildings and structures;

(six) damage or unauthorized occupation, change the property * * * parts;

(seven) damage or unauthorized occupation, relocation * * * facilities and equipment;

(eight) damage to trees and gardens;

(nine) storing inflammable, explosive, toxic, radioactive and other dangerous goods that do not meet the safety standards, and storing and stacking overloaded goods;

(ten) damage or stop using public fire control facilities and equipment without authorization, which hinders the smooth flow of public fire exits, fire exits and fire engines;

(eleven) littering, throwing objects at high altitude and other acts that affect environmental sanitation and residential safety;

(twelve) the noise exceeds the prescribed standards or affects the lighting and ventilation of neighbors;

(thirteen) occupy public green space to grow vegetables and fruit trees;

(14) Feeding animals in violation of regulations;

(fifteen) other acts prohibited by laws, regulations and management regulations.

In case of any of the acts listed in the preceding paragraph, the realty service enterprise and the owners' committee have the right to require the perpetrator to stop the infringement, eliminate the danger, remove the obstruction and compensate for the losses in accordance with laws, regulations and management regulations; Owners and property users have the right to complain and report to the relevant administrative departments, and may bring a lawsuit to the people's court in accordance with the law against their legitimate rights and interests; The owners' committee may, according to the provisions of the management statute or the decision of the owners' congress, bring a lawsuit to the people's court against the behavior that infringes on the interests of the owners.

Article 89 The owner shall deposit special maintenance funds for the property in accordance with relevant regulations, except that the property belongs to 1 owner and has no * * * use parts with other property facilities.

Property special maintenance funds shall be owned by the owners and used for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Specific operating procedures such as procedures and methods for raising, managing and using special maintenance funds for property shall be formulated separately by the municipal real estate administrative department in conjunction with relevant departments.

Article 90 The costs of maintenance, renewal and renovation of shared parts and facilities of a property shall be shared by the relevant owners within the scope of special maintenance funds for the property, according to the proportion of the construction area of their respective properties to the total construction area of exclusive parts.

Where the maintenance, renovation and transformation of the parts and facilities used by the property are related to the unsold property, the construction unit shall, within the scope of special maintenance funds for the property, share the corresponding expenses according to the proportion of the construction area of the unsold property to the total construction area of the exclusive part.

Article 91 Parking lots built in the property management area shall be managed by the property service enterprises in this area.