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New property regulations of 2022
1. The preliminary realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner. There is often a certain time lag from the completion of the community to the signing of the formal property contract by the owners. During this period, the buildings and their ancillary facilities in the residential area need to be repaired and maintained, and the environmental sanitation and related order in the residential area need to be managed and maintained. Therefore, although the owner has not signed a formal property service contract, the community owner should pay the property fee after the pre-property company entrusted by the developer provides property services;
2. The realty service provider shall regularly disclose the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, the use of maintenance funds and the operation and income of some owners in a reasonable way, and report to the owners' congress and the owners' committee;
3. The public * * * areas such as elevators, corridors and roads in residential areas belong to the owner's * * * scope. If the property management company uses some owners * * * to operate, it shall separately calculate the public * * * income and publicize it to the owner in time.
Legal basis: Article 282 of the Civil Code of People's Republic of China (PRC).
The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.
Article 283
Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.
Article 284
Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them.
The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
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