Case No.: (2018) Hu 01 min Zhong no.9513 trial court: Shanghai No.1 Intermediate People’s court source: China Shanghai Judicial think tank · boutique cases, No.106 5
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Disputes over the use of parking spaces jointly owned by the owners shall be decided by the owners through joint consultation in accordance with the law — case gist of Mr
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The owners have the right to exercise the right of revocation and request the people’s court to revoke it
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It only requires that “more than half of the owners participating in the voting of the exclusive part area and more than half of the voting participants” to make the decision-making of such matters easier to pass; for special matters, the number of decision-making owners is increased from “two thirds” to “three quarters”, making the decision-making process easier The decision was made more carefully
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The calculation method of the area of the exclusive part and the total area of the building is as follows: the area of the exclusive part is calculated according to the area recorded in the real estate register; if the property right has not been registered, it is temporarily calculated according to the measured area of the surveying and mapping institution; if the property right has not been measured, it is temporarily calculated according to the area recorded in the house sales contract; and the total area of the building is calculated according to the statistical sum mentioned in the preceding paragraph
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Major issues related to joint ownership and management rights shall be jointly decided by the owners
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Click the blue words to pay attention to the change of article 278 of the civil code, which shows that article 278 of the civil code is about the decision-making and voting of the owners, and strengthens the rights of the owners by adjusting the decision-making ratio of different matters
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Alteration and reconstruction of buildings and their ancillary facilities; 8
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As for other matters, it also needs the consent of more than half of the owners participating in the voting and more than half of the owners participating in the voting
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Specifically, in terms of joint decisions, a new decision-making item “changing the use of the common parts or using the common parts to engage in business activities” is added in item 8 of the first paragraph, which enhances the management and control ability of the owners over the common parts, and divides “using and raising maintenance funds for buildings and their ancillary facilities” into “using” and “raising”, and Different voting methods are applicable
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Taking the underground garage and the ground parking space as the whole parking resources, the method of raising the charging standard for the underground parking space owners’ vehicles parked on the ground parking space has the effect of reasonably adjusting the resource allocation through the price lever, and does not constitute an infringement on the rights and interests of the underground parking space owners
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For general matters such as selecting and dismissing property service providers, the number of decision-making owners is reduced
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The main points of this new rule are as follows: (1) it is a matter jointly decided by the owners to increase or change the use of the common part or to use the common part to engage in business activities.
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Case No.: (2010) Dong Yi Fa min Yi Chu Zi No
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For the purpose of raising maintenance funds (excluding the use of maintenance funds), reconstructing or reconstructing buildings and their ancillary facilities, changing the use of common parts or using common parts to engage in business activities, it shall be agreed by the owners who are more than 3 / 4 of the voting area of the exclusive parts and more than 3 / 4 of the voting number
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After the completion, acceptance and delivery of the building, the division, transfer, adjustment or reallocation of the property management house shall be decided by the owners or the owners’ meeting
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Xie Binquan, Tan Wenyi and Wang Qunyong owners’ revocation disputes case: the selection of residential property services
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The division, transfer, adjustment or reallocation of the property management house shall be decided by the owners or the owners’ meeting — case gist of the dispute case of Xuzhou Xiyuan Yijun Garden (phase I) owners’ committee v
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As far as voting rules are concerned, the second paragraph changes the “total area and total number” of the property law as the calculation base into two-step calculation, which first meets the requirements of voting, and then takes the number of voting participants as the calculation base
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When the owners jointly decide on matters, they must first meet the prerequisite for voting, that is, the owners with more than 2 / 3 of the area of the exclusive part and more than 2 / 3 of the number of owners participate in the voting
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2, 2011 3
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Case No.: (2014) xmzz No
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the owners’ committee of Yangguang community in dispute over the owner’s cancellation right Gist: the management and use of underground garage is directly related to the harmony and stability of the living order of residential quarters
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2308 trial court: the first people’s Court of Dongguan City, Guangdong Province source: People’s justice · case, No
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The calculation method of the number of owners and the total number of owners is as follows: the number of owners shall be calculated according to the number of exclusive parts, one exclusive part shall be calculated according to one person, but the construction unit has not sold or sold but has not yet delivered the part, and the same buyer has more than one exclusive part shall be calculated according to one person; the total number of owners shall be calculated according to the statistical sum of the preceding paragraph
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Trial court: Shanghai Putuo District People’s court source: Shanghai court website release date: July 31, 2012 legal letter · judicial point of view matters and voting rules jointly decided by the owners
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The joint decision of all owners is a decision made by the owners through the owners’ meeting
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Trial court: source of the people’s Court of Quanshan District, Xuzhou, Jiangsu: the Supreme People’s court communique 2014 sixth (total 212nd issues) 2., the selection and dismissal of property service enterprises or other managers should be jointly decided by the owners — Wan Zhen Yu v
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Sell the public part without the joint decision of the owners, without the effect of changing the biological right Share the ownership, and enjoy the right of joint ownership and management of the common parts other than the exclusive parts
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The management and use of underground garage is a major matter related to joint ownership and management rights, which should be jointly decided by the owners — the case of Ding Mou v
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Other major matters related to the right of common ownership and joint management, which refer to change of the use of the common part, use of the common part for business activities, disposal of the common part, and decisions or management regulations made by the owners’ Congress according to law Determine the matters to be decided by the owners according to law
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1085 trial court: Xiamen intermediate people’s court, Fujian Province source: summary of China’s trial cases (civil trial cases volume, 2015) 4
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The matters jointly decided by the owners are: first, to formulate and modify the rules of procedure of the owners’ Congress; second, to formulate and modify the management regulations; third, to elect or replace the members of the owners’ Committee; fourth, to select and dismiss the property service enterprises or other managers; Fifth, to use the maintenance funds of the buildings and their ancillary facilities; sixth, to raise the maintenance funds of the buildings and their ancillary facilities Funds; 7
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If the public part is sold without the joint decision of the owners, it will constitute unauthorized disposition, only claim for creditor’s rights, and not the effect of property right change
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Change of the use of the common part or use of the common part for business activities; 9
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Compared with Article 76 of the property law, article 278 of the property code adds matters jointly decided by the owners and modifies the voting rules
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Huang v
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The selection decision made by the owners’ committee without the vote of the owners’ meeting violates the provisions of the property law
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Only when the exclusive area and the number of people meet the voting conditions, can we vote on major issues, otherwise the resolution is invalid
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The rights of joint ownership and management of the property enjoyed by the enterprise or other managers shall be jointly decided by the owners
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Xuzhou Zhongchuan Real Estate Development Co., Ltd The place necessary for the property manager to carry out management and maintenance business is owned by the owner
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owners’ committee and property company parking management system dispute: occupying the owner’s common road or other The parking spaces used for parking cars on the site belong to the owners, and their disputes shall be decided by the owners through consultation according to law
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It belongs to the major issues of common ownership and common management rights, and should be decided by all owners, not all owners of underground parking spaces
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