Legal basis of community housing property right

Legal analysis: the right to use the house in the community belongs to all owners. It is necessary to understand the ownership nature of community housing. "Other public * * places, public facilities and property services in the building division belong to the owners * * *" Article 274 of the Civil Code also makes the same provision.

If the residential housing is classified as "other public places", it must belong to the owners.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.

Article 234 Where there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.

Article 235 Where the creditor has no right to possess the immovable property or chattel, the creditor may request the return of the original property.

Article 236 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 278 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.