Zhao wei gwang
The civil code, the first law to be named “code” since the founding of the new china, was officially implemented on 1 january this year. The implementation of this law has also brought into the path of rule-of-law rule-building property management services, which have been characterized by a wide range of statements. What has been the impact of the civil code on the lives, residence and property management of the population? The director of the property management services centre of the municipal housing authority, maho won, informed the author that the 10 rules of the vast volume of the code were closely related to citizens, property and industry committees, and, in particular, increased responsibility for the management of property services for enterprises providing property services。
According to maho won, after many years of being built, some sub-districts have not yet established an industrial committee and have not been able to hold a general conference of owners, and the lack of a vote on the maintenance and governance of the sub-districts has become a challenge in property management. The civil code, based on considerations of public interest, has lowered the threshold for the adoption of a partial vote. The administrative authorities will also improve the viability of the owner's voting process by promoting informative means (e. G. Electronic voting), enabling the owner to better exercise his or her right to co-management of small areas, and the installation and maintenance of equipment in the public part of the house with which some of the inhabitants live, as soon as possible。
Article 278 of the civil code, for example, expressly states that the owner shall vote in matters decided jointly by the owner, who has more than two thirds of the owner's area and more than two thirds of the owner. In accordance with the civil code, as of 1 january 2021, the voting ratio of owners of existing multi-storey housing and elevators in shanghai was implemented in accordance with the provision that applicants should consult fully on the intent and specific programme for the installation of elevators and consult with all owners of their buildings, with the participation of owners with more than two thirds of their area and more than two thirds of their number, with the consent of owners with more than three fourths of their area and more than three fourths of their number。
If an elevator is intended to occupy a portion of the joint ownership of the sector, the advice of the owner of the building block shall be sought, with the consent of the owner of the exclusive portion of the area and more than two thirds of the owner, with the consent of the owner of the exclusive part and a majority of the voting。
Article 282 of the civil code, which is also of particular interest to the owner and which is closely related to his or her own interests, states that “income derived from the use of the owner's share, such as a building unit, a property service enterprise or other administrator, is owned by the owner after deduction of reasonable costs”. Mahou explained that this new provision on public revenues for owners of residential areas, which has been tested in some places, parking in small areas, advertising proceeds, etc., is part of the public revenue, which is used mainly to fill the gaps in maintenance funds, to fill the costs of property in enterprises, and to provide additional facilities for small areas. It is a common problem for owners, property enterprises, and administrative authorities. Currently, research has been carried out in shanghai to develop public revenue management schemes (mainly in the areas of income, conservation and use)。
Mahou told the author that article 1254 of the civil code expressly “prohibits the throwing of objects from buildings” with regard to high-altitude throwing that endangers the safety of others and clearly defines the liability for the violation, and that the owner of the same building is jointly liable in the event that the perpetrator cannot be identified. At the same time, it provides that property enterprises shall take the necessary security measures to prevent the occurrence of high-altitude throwing, otherwise they will be held liable for non-compliance with their security obligations, which will require more effective technical protection measures (such as the installation of cameras, etc.) to identify those who commit high-altitude throwing, thereby complying with their security obligations and exonerating themselves from their responsibilities, and the regulation provides for the identification of those responsible by the public security authorities and others。
In addition, the civil code makes clear that owners of property services may not refuse to pay property fees on the grounds that they have not accepted or are not required to do so, and that property enterprises may not charge property fees by stopping the supply of electricity, water, heat, gas, etc. This is in fact a constraint on the conduct of both parties to prevent the escalation of the conflict。
