One-way attribute

For the use of public maintenance funds, the Civil Code has lowered the voting requirements for passing this matter. As long as the "double majority" owners agree, public maintenance funds can be started. According to the industry, this move will help public maintenance funds no longer "sleep".

In recent years, disputes over the rights and interests of community owners have occurred frequently, mainly because it is difficult to elect owners' committees and start public maintenance funds. These practical problems have been expected and concerned by all walks of life.

At 3pm on May 28th, the Civil Code adopted at the Third Session of the 13th National People's Congress, based on the existing property law, appropriately reduced the voting requirements of the owners on matters decided by the owners, and increased the provision that maintenance funds can be used through special procedures in case of emergency.

According to industry insiders, the Civil Code further clarifies the legal procedures and lowers the relevant thresholds, which is conducive to improving the utilization rate of public maintenance funds and safeguarding the legitimate rights and interests of owners in a timely manner.

Voting is difficult and time-consuming, and the old procedure is controversial.

Nowadays, more and more residential areas are aging, and the infrastructure of some residential areas is also beginning to have problems, such as peeling walls and aging elevators. A little carelessness may lead to a safety accident. However, these problems often involve the overall interests of community owners, and usually require the relevant owners to vote before using public maintenance funds to solve them. In practice, it is often difficult for owners to reach an agreement within a limited time.

In 2005, Ms. Fang bought a property in Dongcheng District. On 20 18, the tiles on the facade of the residential area began to fall off, and some owners repeatedly reported to the relevant departments, demanding that they be repaired as soon as possible to eliminate potential safety hazards.

"I am applying for the use of residential special maintenance funds. At the same time, I am worried that I will face the problem of falling off because I am worried about re-pasting the wall tiles in the future, so I consider switching to paint. " 2065438+June 2008, 1 1, the residential property staff said that the competent authorities required the property to seek the opinions of the owners, and more than 60% of the owners agreed to implement it. About 100 owners' opinions were solicited, and 90% owners agreed to change to paint. The community has 1.200 owners. According to the standard of 60%, at least five or six hundred households should be consulted, and they are also very helpless about the progress of things.

Today, many owners, such as Ms. Fang, told the Beijing News reporter that the wall skin still fell off from time to time, and the external wall was not repaired because the owners did not reach a unified opinion.

The Beijing News reporter learned that the previous property law stipulated that the use of public maintenance funds can be divided into general situations and emergency situations. Under normal circumstances, the relevant owners, owners' congress or property management company as the main body put forward suggestions for use, which were discussed and approved by the owners' congress or more than two-thirds of the owners; If there is an emergency, more than two-thirds of the owners do not need to pass. The application is submitted by the property management company, and after it is approved by the industry committee, it is reported to the Housing Construction Bureau or the Housing Authority for the record.

In this regard, many people in the industry and community owners have said that emergencies that meet the above requirements are usually rare. According to the above procedures, many community maintenance problems are not only difficult to solve, but also take a long time; In reality, the utilization rate of public maintenance funds is very low.

The new regulations lower the use threshold, and the "double majority" owners can agree.

In recent years, it has been widely reported that it is difficult to set up owners' meetings and use public maintenance funds. On the basis of the current property law, the Civil Code voted on the afternoon of May 28th further improved the system of owners' co-ownership.

With regard to the use of public maintenance funds, the Civil Code has further improved the decision-making procedures, reduced the voting requirements for passing the matter, and revised the provision in Article 73 of the original draft that "the owners who participate in the voting shall be approved by more than three-quarters of the exclusive parts, and the number of owners who participate in the voting shall exceed two-thirds", which is also significantly lower than the "two-thirds" ratio stipulated in the previous Property Law.

In addition, a provision has been added to the Civil Code, "If it is necessary to repair buildings and their ancillary facilities due to an emergency, the owners' assembly or owners' committee may apply for the use of maintenance funds according to law."

The Beijing News reporter learned that according to the regulations, this maintenance fund belongs to the owner and can be used for the maintenance, renovation and transformation of elevators, roofs, external walls and barrier-free facilities. With the consent of the owner * * *; The collection and use of maintenance funds should also be announced.

"If more than half of the owners agree to use it, it really lowers the threshold for the use of public maintenance funds and avoids abuse." Lawyer Wang Yuchen, director of the Real Estate Law Research Association of Beijing Law Society, told the reporter, "In real life, according to the requirements of the Property Law, it is really troublesome to obtain the consent of more than two thirds of the owners. I have represented many cases, such as water leakage on the roof of public buildings. The direct victim is the owner who lives on the top floor, which has little impact on the residents in the following floors. Most residents downstairs hold the attitude of "nothing to do" and are unwilling to take money to do these things. "

In response to the above contents of the Civil Code, the Beijing News reporter also interviewed Yang Lixin, a professor at Renmin University of China Law School, vice president of China Civil Law Research Association, and a legislative expert of the Legislative Expert Committee of the National People's Congress Standing Committee (NPCSC) Law Working Committee. He not only participated in the formulation of the general principles of civil law, but also participated in the formulation of the single law of civil law and the draft civil code.

Yang Lixin said, "In the past, due to the high starting point, many public maintenance funds were left in place and useless. Procedural issues are only one aspect. It is most important for people to live better and safer. In all emergencies, special procedures can be taken to start the relevant funds. The above provisions of the Civil Code are conducive to improving the utilization rate of public maintenance funds. "

Wang Liming, a professor at the Law School of Renmin University of China, said in an interview with the media that the previous regulations had high requirements, which easily made it difficult for owners to hold meetings, discuss matters and vote, and brought great inconvenience to residents' daily life. The civil code reduces the voting requirement of this matter to "half" of the area and number of people, which is conducive to making public maintenance funds no longer "sleeping".

The residents' committee will assist the community to establish autonomous organizations.

In addition to the issue of public maintenance funds, it is difficult to elect owners' committees, which is also a difficult problem to be solved in many communities before.

"For more than ten years, the industry Committee of our community has not been established, and someone will always find out the' problem'." The owner of a residential area in Beijing told the reporter, "Not only is the procedure difficult to be perfect, but it takes a long time. Finally, it was established, and it had to go through several trial procedures. It's too difficult for us! "

In this regard, the Civil Code has issued a "new approach", and the residents' committee should give guidance and help to the establishment of the owners' congress and the election of the owners' committee in the future.

Yang Lixin told the Beijing News reporter that the neighborhood committee is a mass autonomous organization with special legal personality, which is connected with the government and relies on residents. The Civil Code has increased the functions of residents' committees in setting up owners' meetings and electing owners' committees, which is conducive to owners' rights protection.

"In grassroots practice, without the owners' meeting and the owners' committee, the owners are like a loose sand. It is difficult to hire a property service company, handle the relationship with the neighborhood Committee and protect the rights and interests of the owners. "According to media reports, Yin, a member of the National People's Congress Standing Committee (NPCSC), called for strengthening government guidance and providing more legal support for the establishment of owners' meetings and owners' committees.

Regarding the above-mentioned new regulations to be implemented, the person in charge of a property company in Beijing told the reporter, "This further clarified the legal procedures and lowered the relevant thresholds, which not only reduced the difficulty of local governments, but also made the work of property companies smoother. The most important thing is to protect the legitimate rights and interests of the owners in time and effectively avoid some unnecessary losses. "