What are the provisions of the Civil Code on the relationship between owners and property service enterprises or other managers?

Nowadays, with the advancement of urbanization in China, more and more people live in housing under the mode of community management. This kind of housing is different from that in rural areas. Generally, there are property management companies in the community, and the residents in the community are called owners. Property managers of property management companies provide corresponding management services for residents in residential areas. Then, according to the provisions of the Civil Code, what are the provisions on the relationship between owners and property service enterprises or other managers? Let me answer this question for the reader.

1. What are the provisions of the Civil Code on the relationship between owners and property service enterprises or other managers?

People's Republic of China (PRC) Civil Code

Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management to the property service enterprise or other managers.

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 285 A realty service enterprise or other manager shall accept the entrustment of the owner, manage the buildings and their ancillary facilities within the building division in accordance with the stipulations of the realty service contract in Part III of this Law, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Second, if the property service enterprise or the property manager infringes the rights of the owners, who has the right to defend their rights in the lawsuit?

Generally speaking, it is the owners' meeting that can exercise the right of appeal on behalf of all owners. Whether the owners' committee can become the subject of litigation is controversial in practice. Generally speaking, the owners' committee has the status of litigation subject within a certain scope (within the scope of exercising the rights entrusted by the owners' congress). In addition, as an independent individual, the owner can also file a lawsuit against the infringement of the owner's rights according to law. Therefore, regarding the right to appeal, it does not mean that the owners must defend their rights through collective channels (the owners' assembly or the owners' committee authorized by the owners' assembly). The owners can also exercise the right to appeal alone or jointly by several owners.

The above knowledge is my answer to relevant legal questions. In recent years, the disputes between property service enterprises and owners have become more and more serious, which on the one hand shows the increasing awareness of owners' rights protection, and on the other hand reflects many problems existing in property management and service in China at present. Once a dispute occurs, everyone must solve the problem reasonably, which can be solved through negotiation, litigation and arbitration. If you encounter related problems, readers are welcome to consult.