In the Civil Code, a special chapter on property service contract is added to clarify the rights, obligations and responsibilities of property service enterprises, and the responsibilities of property service enterprises are stipulated in the two chapters of property rights and tort liability.

Today, the information of the industry Committee will briefly talk to you about the influence of the civil code on the matters decided by the owners.

1. How does the Civil Code stipulate that the owner has the right to decide?

The matters decided by the owner are mainly stipulated in Article 278th of the Civil Code. According to Article 278 of the Civil Code:

The following matters shall be jointly 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;

(5)

use

Maintenance funds for 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. decision

The matters specified in the sixth to eighth items of the preceding paragraph shall be agreed by the owners and more than three-quarters of the voters who participate in the voting of the exclusive part area.

. 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.

Second, the influence of the Civil Code on the decision-making of the owners.

The Civil Code lowers the voting threshold for matters that need to be decided by the owners, that is, as long as "two-thirds of the owners vote", as long as "two-thirds of the owners vote" for major matters and "two-thirds of the owners vote" for major matters. In other words, general matters only need at least all the owners.

1/3 agrees (that is, 2/3x 1/2)

For major issues, only all owners are needed.

1/2 agreed (that is, 2/3x3/4)

Secondly,

, civil code

The collection and use of maintenance funds are separated.

, greatly reducing the voting threshold for the use of maintenance funds. The raising of the maintenance fund requires the "double 2/3 consent" of the owners who voted, but the use of the maintenance fund can be reduced from the original "double 2/3 consent" of all owners to "double half consent" of the owners who voted (all owners agree 1/3).

third

Adding "changing part of the use of * * * or using part of * * * to engage in business activities" in the Civil Code requires "two-thirds consent" of the owners who vote, which is helpful to safeguard the rights and interests of the owners. In the future, setting up express cabinets, billboards and new parking spaces in public areas of residential areas must be approved by the owners before implementation, usually decided by the owners' committee or even the property service company.