What is the definition of community owner?

Question 1: What does the community owner mean? In a residential area with property management, the owner of the property is the person who bought the house and lived in it.

Question 2: The owners of residential quarters refer to those who correctly understand the property contract, but broadly refer to the owners of houses, and the owners of property contracts only represent the owners of houses.

Question 3: What does residential property mean? It means property management. Living in the community has to pay property fees every year.

Dingkou security is one of the property management.

Question 4: How to define the facilities and public parts in a building? Provisions in the property law. The ownership of public facilities in residential areas should be analyzed in detail.

The ownership of community public facilities belongs to the category of differentiated ownership of buildings from the perspective of property law theory, and the ownership of community public facilities mainly distinguishes the following situations:

(a) Roads, green spaces, rest areas, open spaces, elevators, stairs, corridors, aisles, roofs, etc. This kind of public facilities is indispensable to the whole residential area, and it is an inseparable whole with the whole residential area, and has no independent property rights. In fact, the area of such public facilities has been allocated to the construction area of the house purchased by the owner as the pool area. For this kind of public facilities, no matter how the ownership is stipulated in the purchase contract, it belongs to all owners of the community.

(2) Parking lots, clubs, outdoor advertising spaces, etc. This kind of public supporting facilities also has a great relationship with the life of the community owners, but compared with other public supporting facilities above, the significance of this kind of public supporting facilities is not enough to play a decisive role in the daily life of the owners. Without such public facilities, community owners will not be unable to use their own houses. More importantly, this kind of public facilities has not been allocated to the construction area of the house purchased by the owner as a pool area. Therefore, for this kind of public facilities, developers and owners are allowed to stipulate their ownership in the sales contract.

Community public facilities must be provided to the owners in accordance with the planned purposes.

No matter whether the public supporting facilities of the community are shared by all owners or reserved by developers, the public supporting facilities of the community must be provided to all owners in accordance with the planned use. Some public facilities belong to developers in ownership, but developers, as owners, are not allowed to dispose of such public facilities at will, but should provide public facilities for all owners to use, of course, this use can be paid. The developer's exercise of the ownership of public supporting facilities in the community is limited by the public interests of the community owners and must obey the needs of the community owners to use public supporting facilities. Because being able to use all the public facilities in the community is a reasonable expectation of every owner when buying a house, whether there is an agreement in the purchase contract or not, it should be self-evident, and the developer should bear the obligation of the owner to guarantee the use of all the public facilities in the community.

Therefore, even if some public facilities are reserved with the consent of the developer, the developer shall not change the use of these public facilities without authorization or not open them to the owners. Changing the use of community public facilities without authorization constitutes infringement and infringes on the owner's right to use community public facilities, and should bear the legal responsibility of immediately stopping the infringement and restoring the original state of community public facilities.

Changing the use of public facilities in residential areas must be approved by the owners and approved by the planning department.

There are two conditions to be met in changing the use of public supporting facilities in the community: (1) obtaining the written consent of all owners (at least most) of the community; (2) Obtain the approval of the competent department of land planning.

In practice, it often happens that the use of public supporting facilities in residential areas is changed by developers or property management companies without authorization, and the public supporting facilities in residential areas are changed to commercial use for rent for profit. On the one hand, this kind of behavior constitutes an infringement on the owners of the community, which belongs to tort; On the other hand, it violates relevant planning laws and regulations, which is illegal. The owner may claim damages for the damage caused by the infringement; The rental income obtained due to illegal acts is illegal income and should be confiscated. Damage compensation and confiscation of illegal income are two different legal relationships, and the amount of damage compensation is by no means equal to illegal rental income. For the amount of damages, the owner should provide evidence, but the owner has no right to demand the return of rental income or directly offset the damages with rental income. Otherwise, the illegal rental income will be transferred to all owners, which violates the legal principle that no one can obtain benefits based on illegal acts.

Chapter VI of the Property Law: The Owner's Differentiated Ownership of Buildings

Article 70 The owner shall have the ownership of the exclusive part of the building such as the business building, and the condominium of the * * * part other than the exclusive part.

Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 72 The owner shall enjoy the rights and assume the obligations for the part other than the exclusive part of the building ..... >>

Question 5: What does the representative of the community owner do? What are the responsibilities? Duties and obligations of the owners' committee

The owners' committee elected by the owners' congress shall exercise the following functions and powers:

(a) to convene and preside over the owners' meeting;

(2) Selecting and dismissing property management companies, and concluding, modifying or terminating property management service contracts with property management companies;

(three) in accordance with laws, regulations and rules, responsible for updating the relevant public maintenance funds and supervising their use and management;

(four) to consider the annual work plan, budget and final accounts of the property management service fee proposed by the property management enterprise;

(five) to listen to the opinions and suggestions of owners and property users, and to supervise the management service activities of property management enterprises;

(six) the implementation of the resolutions and decisions of the owners' congress;

(seven) to perform the property management service contract;

(eight) to supervise the implementation of the owners' convention and the property management system;

(nine) to support the management service activities of property management enterprises;

(ten) other functions and powers entrusted by the owners' congress.

The matters specified in the second, third and fourth items of the preceding paragraph shall be approved by the owners' congress.

The owners' committee shall not engage in business activities.

The owners' committee shall accept the supervision, guidance and management of the property management administrative department. The property management administrative department shall formulate the management rules of the owners' congress and the owners' committee.

Therefore, when the owners have opinions on the property management company, they should first report to the owners' committee, which will make decisions for the owners, and shall not take unreasonable measures to "sanction" the property management company.

Question 6: What is the responsibility of the property? What are the procedures for owners to set up owners' committees? The main basis for the establishment of the owners' committee is the guiding rules of the owners' congress and the owners' committee.

According to the provisions of Article 31, the owners' committee is elected by the owners' meeting, and consists of 5 to 1 1 people. Members of the owners' committee shall be the owners within the property management area and meet the following conditions:

(1) Having full capacity for civil conduct;

(2) Abide by the relevant laws and regulations of the state;

(three) abide by the rules of procedure and management regulations of the owners' congress, and perform the obligations of the owners in an exemplary manner;

(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency;

(5) Having certain organizational ability;

(6) Having necessary working hours.

Thirty-third owners' committee shall, within 30 days from the date of election, submit the following documents to the district and county real estate administrative departments, sub-district offices and township people's governments where the property is located:

(a) the establishment of the owners' meeting, the election of the owners' committee;

(2) Management regulations;

(three) the rules of procedure of the owners' congress;

(four) other major matters decided by the owners' congress.

Article 34 After going through the filing formalities, the owners' committee may apply to the public security organ for engraving the seal of the owners' congress and the seal of the owners' committee with the filing certificate.

During the term of office of the owners' committee, if the record content changes, the owners' committee shall report the change content to the record department in writing within 30 days from the date of change.

Article 37 The owners' committee shall convene a meeting in accordance with the rules of procedure of the owners' congress and the decisions of the owners' congress. Upon the proposal of more than one third of the members of the owners' committee, a meeting of the owners' committee shall be held within 7 days.

Fortieth owners' committee shall establish working files, which shall include the following main contents:

(1) Minutes of meetings of the owners' congress and the owners' committee;

(two) the decision of the owners' congress and the owners' committee;

(three) the rules of procedure of the owners' congress, the management statute and the property service contract;

(four) the owners' committee election and filing materials;

(five) accounts for raising and using special maintenance funds;

(six) the list of owners and owners' representatives;

(seven) the opinions and suggestions of the owners.

Article 41 The owners' committee shall establish a seal management system and designate a special person to keep the seal.

The use of the seal of the owners' congress shall be based on the provisions of the rules of procedure of the owners' congress or the decision of the owners' congress meeting; The use of the seal of the owners' committee shall be subject to the decision of the owners' committee meeting.

All procedures and materials should be handled according to law.

Question 7: Which public parts in the property community belong to the owner refers to: the weighing structure of the house, the main structure of the house, the public hall, the public corridor, the public stairwell, the main water supply and drainage pipe between the owners' floors, the inner patio, the outdoor wall, the roof, the reception room, the public security monitoring room and the fire control room.

By the way, your personal equipment: refers to the doors, windows, sanitary ware and water supply, drainage, gas pipelines, wires, water and electricity meters and other equipment leading to the main pipeline, and personal parts refer to the living room, kitchen, bathroom, bedroom, balcony storage room, four-walled roof, floor and so on.

Question 8: Residential owners put forward reasonable suggestions to property companies. What does the word "karma" mean? The so-called owners of residential quarters in this paper mean: property owners of industry, assets or real estate;

Question 9: What are the rights and obligations of the owners? Please refer to Articles 6 and 7 of People's Republic of China (PRC) Property Management Regulations.