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They live in the neighborhood, and almost all their families are in the same placePropertyDeal. When elevators are broken, waste disposal is not timely, the revenues from public advertising are not known, and many owners want to defend their rights, but are always blocked by a few words from the property industry. Many property companies do not voluntarily tell the owners what the relationship is between the owner and the property and what the statutory obligations of the property are。
Today we're going to break it downCivil codeIt contains two key articles, 937 and 943. These two provisions are the central basis for dealing with property disputes in small areas, many of which are rarely actively publicized, but are understood by every owner, who can defend his or her legitimate interests in case of conflict. Source: civil code of the people's republic of china, in force since 1 january 2021 and in force。
Let's get the two originals out of here. Let's translate one more sentence into a big white word。
Original text of article 937: propertyService contractsIt is a contract for property service providers to provide property services, such as maintenance and maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of the associated order, to owners in the property service area, who pay property fees. Property service providers include property service enterprises and other managers。
Article 943: property service providers shall periodically report to the owner, in a reasonable manner, on matters of service, responsible persons, quality requirements, billing items, rates, performance, as well as on the use of maintenance funds, the operation of the share of the owner and the proceeds, and to the conference of owners, the board of owners。
A lot of people read the french text, and the first reaction is that it's boring and you can't read it. It's okay. Let's start with rule 937: the central function is to clarify the relationship between ownership and property, many of which have been misconstrued for years。
There are many subconscious owners who feel that the property is a “manager” of the district and that it is the property that matters and that the owners are passive. In turn, there are some of the property workers who hold the idea that “i run the neighborhood, the industry listens to me”, which is the most common area of cognitive error。
As defined in article 937 of the civil code, property is essentially a servant and not a administrator of a small district. The parties are equal in contractual relations, the owners pay, the property provides the services agreed upon, just as we hire babysitting, domestic service, the employer is the owner as a whole, the property is the party that works, not the owner。
This location directly determines a lot of things. The contract contains what is to be done by the property; what is not included in the contract, the property has no right to increase the billing items at will, nor can it simply set a frame to limit the legal interests of the owner. Property costs correspond to the maintenance, cleaning and order maintenance services contracted in the contract. A simple sentence: property fees buy property services, not property management。
Attention should also be drawn to the fact that the “property servicers” in the act are not just property companies, but that the same law applies if the community does not employ a property company, it is under the responsibility of the commission or other administrator。
Together with this law, we talk about a few high-frequency scenes in our lives, and you know how it works。
The first scenario: the property industry said that as long as property fees were paid, the owners were responsible for all problems in the district。
This reverses the contractual relationship. According to article 937, the property is under an obligation to maintain the building annex, to maintain hygiene and to maintain order in the subdistricts, in accordance with the contract. In the case of facilities to be maintained by the property, such as elevators, fire-fighting facilities, public street lights in the sub-districts, the failure of the property to maintain was due to the failure of the property to fulfil its contractual obligations. The owner may, on the basis of the contract, demand property reorganization and, if the service fails to meet the specifications, claim relief from the corresponding service charges in accordance with the law. However, it is important to distinguish between the walls of the owner's home and his own plumbing, which are not part of the public area, which is not covered by the property services and which cannot be required for free maintenance. Many owners are unable to distinguish between private and public areas and are vulnerable when defending their rights。
The second scenario is the unilateral introduction of new billing items by the property industry, such as additional charges for entry and issuance of vehicle permits in small areas and management fees for items stored in public areas。
According to article 937, the content of the property services, the item of fees, is the subject of a contract for property services. Property cannot unilaterally increase services and unilaterally increase fees. If the contract does not provide for such a charge, the owner may refuse to pay the private charge. If property charges are imposed, the owner can file a complaint with the building department, the market regulator。
The third scenario: the property subcontracts the entire services of the district to other small companies, leaving it alone。
This has been the case in many sub-districts, where the original contracted property company outsources all cleaning and security, and where the company does not itself arrange for personnel management. In conjunction with article 937 and subsequent articles of the civil code, property may outsource some of the specialized work, but not the entire property service. Even if outsourced, the external responsibility remains with the original property company, with problems in the subdistricts, and the owner still looking for the property under contract。
Many owners will ask, "does it work for us that the previous property, which was arranged directly by the developers when the new house was delivered, was not signed by our owners?" here's article 939 of the civil code, along with article 937. The contract between the developer and the previous property, although not signed by the owner himself, is binding on the owner as a whole by law. However, upon the establishment of an owner's congress, the owner may vote collectively to replace the previous property and re-select a new property. Because the choice of property ultimately rests with the owner, this is also the extension of the 937 contractual relationships。
After 937, let's focus on 943. This is in the hands of the owner."Right to knowIt's also the one that many properties are least willing to raise。
Article 943, core sentence: property must regularly disclose information on services in the sub-districts, fees, public revenues, use of maintenance funds, and report voluntarily to owners, industry committees. The law clearly sets out what needs to be made public, and i'll make it clear to you in plain language。
First, services, responsible personnel, quality requirements. That is to say, what is to be done in the property industry, who is responsible for each position, and what are the standards of service for telephone calls, cleaning and security. For example, how often the building is cleaned, how often the garbage is cleared and how often the elevator is protected are made public. Many sub-district properties are subject to billing notices, and service standards are never publicized and do not in themselves meet the requirements of this law。
Second, fees, fees. It is important not to be vaguely stated how much the property costs are square, how the public share of utilities is calculated, the parking rates, which items are charged and which are free。
Third, service delivery. The property is regularly reported, and the services contracted in the contract are performed on time. Elevator protection records and fire inspection records are all part of the performance。
Fourth, the use of funds for specialized residential maintenance. The funds for maintenance are the sum of all owners and are used to repair the common elements of elevators, roofs and outer walls. When applications are made, how much money is spent and what items are used, must be regularly publicized. Many of the maintenance funds in the subdistricts have been used for several years, and the owners are completely unaware of the flow of the funds and have the right to demand that the property produce the relevant materials。
Fifthly, the business and earnings of the owner's share. This one, too, is the most contradictory. Sector elevator advertisements, building adverts, sector gate adverts, rental of public parking spaces on the ground, public area stand-ups in the sub-districts, and express container entrance fees are legally owned by all owners, not by property companies. Property companies manage the money on their own behalf and must periodically disclose the income, expenditure and surplus。
Many property associations say that advertising is low, deducting property fees, or that the money is used to pay employees'salaries. This statement cannot be directly justified. Public revenues belong to all owners and the use of them requires a joint vote of the owners. Property can only charge the agreed management costs and cannot be treated directly as its own profit。
There is also a key point, which is that the law is open on a regular basis, and that it is not the owners who come to see it, but the property. The public requirement is a reasonable one, and is usually the district bulletin board, the owner's micro-message, and public announcements. In the event of long-term disclosure of property, the owner has the right to apply to the property for access to such information. If the property refuses to disclose or provide material, the owner may file a complaint with the building administration or, through litigation, may exercise the owner's right to know. There is already a wealth of jurisprudence in multiple local courts in the country, and the courts will support the owners ' claims whenever the owners sue for publicity of public proceeds, maintenance of financial material。
Many of the owners here will have a few questions, and i will focus on making them clear so as to avoid misinterpretation。
Question one: am i just an individual owner, not an industry committee? Can i ask for public revenue from property
The answer is yes. According to the civil code and the judicial interpretation of the separation of ownership of buildings, the individual owner has the right to be informed, without having to wait for the establishment of an industrial commission to request the information listed in article 943 of the property proclamation in writing alone. Written applications should preferably be kept in writing, such as micro-letters, short-term mailings of written applications to facilitate subsequent advocacy。
Question two: does the property publish only one total income figure, without reference to contracts, invoices, details of income and expenditure, to account for completion of the disclosure obligation
Not really. To give only one final figure is incomplete. Owners have the right to check the corresponding advertising contracts, receipts and expense notes. Many properties publish only “how much total income” and do not disclose the details of the costs, which are part of the public obligation to complete 943 articles。
Question three: do public revenues have to be allocated annually to owners
Not necessarily. The use of public revenues, which belong to all owners, is decided jointly by the conference of owners. It may be used to offset the property costs of the owner as a whole, it may be deposited into a maintenance fund account, or it may be used for the rehabilitation of small areas, the purchase of public facilities, or it may be allocated to the owner in accordance with the programme. The decision-making power is the sole owner, and property companies have no right to decide unilaterally how the money is spent。
After learning about these two core articles of law, many owners will be concerned that, in real life, we are confronted with property non-compliance and denial of publicity, what is the right course of action, and that it is important not to come up and simply refuse to pay for the property, and that many people are standing here。
Many owners choose not to pay property fees as soon as they see poor property services and public gains not being publicized. This approach is highly risky. According to article 944 of the civil code, the owner shall pay property fees as agreed. Directly refusing to pay the entire cost of the property simply because of defects in the property services and bringing the case to court, the owner is likely to lose. The court would have held that the property charges corresponded to the overall service, that individual services were not in place and that the modification, claim and fee relief should be pursued without direct and complete withholding of payment。
The correct sequence, i'll sort it out for you. It's practical。
Step one, fix the evidence. Photos, videos, preservation of evidence of inadequate property services, such as long-term dumps of garbage, repeated failure of elevators, maintenance of chat records of applications for publicity from property, written requests for reply. The evidence must be retained, oral communication is not supported and follow-up complaints and litigation are difficult to prove。
The second step is to submit a written request for correction to the property or an application for disclosure of information. In accordance with articles 937, 943 of the civil code, your claim is set out and a deadline for reply is requested. It is suggested that text be sent and not just oral communication。
The third step is the refusal of the property industry to modify or publicize. Complaints to the property management section of the territorial establishment, the street office, and the community houses board. The street, residential sector is the body responsible for the property sector and has the power to enforce the public obligation to regulate property and order its reorganization。
In the fourth step, if the property continues to refuse to be performed after the administrative oversight, civil action may be brought by the owner or the commission for disclosure of the property information, and compensation may be claimed in the event of serious breach of the property, resulting in damage to the owner. The service continues to be seriously substandard and the terms of the contract are met, and the owner's assembly may vote to replace the property company。
And here we have to look rationally at the property, not one boat at a time. A good property company will proactively disclose revenues and expenses and carefully maintain the district. The two articles of the law do not encourage rivalry between owners and property, but rather clarify the rights and obligations of both parties, make small areas transparent and promote good governance. Article 937 tells the property that you are a service provider; article 943 tells the property that your work accounts are subject to supervision by all owners。
There are now many small areas where contradictions are exacerbated by the lack of transparency in information. Owners do not know how much public revenues are, how the maintenance funds are spent, what the standard of services they commit to is; and property feels that owners are only problematic and do not understand the operating costs. With both laws as a basis, both sides have a framework for communication. The owner has the right to monitor, the property has the obligation to perform and to make public, and there will be fewer contradictions in the way of contracts and laws。
Let's talk about how we can use these two articles to protect ourselves when we choose to hire and enter into contracts for property services. In many cases, when the property was changed, the commission entered into contracts that directly ignored many details. In conjunction with 937 contracts, detailed service lines, quality standards, cleaning frequency, elevator protection, security patrol requirements must be clearly written in black and white. There can be no more than a general "good property management" emptiness. In conjunction with article 943, the contract provides for a property publicity cycle, such as quarterly publicity of public revenues, annual publicity of the use of maintenance funds and an agreement on liability for non-timely publicity. The more the contract is written, the easier it will be to defend its rights。
Many friends have asked whether these two laws can be applied in old sub-districts, which do not have an industry committee. The answer is absolutely yes. The chapter of the civil code property services contract applies to all residential subdivisions, whether or not there is an industrial commission, whether or not there is a previous property or a later employment. Even in the absence of a commission, individual owners may apply for disclosure of information under article 943. In the small districts where there are no boards of directors, it is more difficult for collective rights and property to be replaced, and more owners need to come together and apply to the streets for an organization of owners。
There is also a high-frequency error zone, where owners believe that the provisions of 943 are to be made public and therefore all internal books of property are to be given unrestricted access by owners. It is also necessary to state objectively that the owner is entitled to access information on the services provided under the act, fees, funds for maintenance, information on the share of the proceeds, and not the entire internal commercial books of the property. This is generally done through on-site inspection, photo retention and generally not by taking the original documents directly. If the property was subject to multiple thresholds and completely denied access, it would violate the law。
Let's give you a real case for understanding. The owner of a small district applied to the property company for access to elevator advertising for nearly three years, the express delivery cabinet, and the property only gave a note with a total income, refusing to provide advertising contracts and expense notes. The owner applied to the court, which, citing article 943 of the civil code, ruled that the property company had a deadline for the full disclosure to the owner of part of its business, including contracts, certificates of receipt and payment. This case shows that the right of owners to be informed under article 943 is guaranteed by law。
Let us summarize the core points of the two articles of law so that we can gather memories。
937 core: property = service provider, not manager, contractual relationship. The owner pays for the property, which is contracted to provide maintenance, cleaning and order maintenance services. Property cannot unilaterally increase fees at will and cannot subcontract the entire property service as a whole。
943 core articles: the property has a statutory obligation to publish periodically, and the content of services, personnel, fees, funds for maintenance, and public revenues in the sub-districts are publicized. Owners have the right to have access to relevant information, and property may not be refused without cause。
The reading of these two articles is not about arguing with the property, but about their legal rights. The community is the home of all the owners, and property is a service provider, with respect for each other and in accordance with the law. Owners also need to understand that access to property services requires the timely payment of property fees; property needs to be properly serviced and transparent in its accounts, in accordance with laws and contracts。
Topical discussion
After reading the article, you are welcome to talk in the comment area: will your small area property actively advertise elevator advertising, public revenue from public parking spaces? Have you ever applied to the property for access to the revenue and expenditure information of the district, whether the property was coordinated or refused directly? What do you think is the most important area for improvement in the property sector
