Lexical concept
Headword : Owner
Basic explanation:
[owner; owner] refers to a person who owns an industry or enterprise.
Citation explanation:
Refers to the owner of the industry.
The owner can be a natural person, legal person or other organization, a national citizen or organization, or a foreign citizen or organization. The property owner is essentially the same as the building owner. All refer to property (property right) owners. The lessee of the house is not the owner.
Chu people in the Qing Dynasty were awarded the Ten Episodes of Jianhu · Grabbing the Field: "It is a general rule for Chongming tenants to seize the field and first give away the property owners with chickens and ducks." The 16th chapter of the Scholars' Unofficial History: "If I am angry and don't sell it to him, he will put a poison on it and string out the successful property owners to redeem me at the original price." The ninth time: "(Huaining County) then called the landlord to buy his ancestral temple."
In the Mid Yuan Festival, there is a saying called "site owner", which refers to the name of the person who is responsible for distributing the ashes to the people to be sacrificed. The Mid Yuan Festival became a folk festival in the Tang and Song dynasties.
Basic meaning
Client/Owner. The investor of the engineering construction project or the independent legal person specially established by the investor for the engineering construction project. The owner may be the original initiator of the project, or the project legal person company jointly established by the initiator and other investors; In the warranty phase of the project, the owner may also be Owner's Committee (It is composed of buyers or small buyers who have obtained the property rights of the project, and is also called the owner's corporate group in foreign countries). In China's traditional infrastructure investment and construction administrative management system, owners are also called "construction units".
The owner is the owner who owns one or more exclusive building spaces or houses in all buildings or in a building zone. The owner can be a natural person, legal person or other organization, a national citizen or organization, or a foreign citizen or organization. Owner is a legal concept under the system of differentiated ownership.
Legal recognition: Obtained or based on legal registration real right Section 3 of Chapter II of the Law stipulates that the person who obtains the ownership of the exclusive part of the building shall be identified as real right The owner referred to in Chapter VI of the Law of the People's Republic of China. Based on the civil legal act of buying and selling commercial housing with the construction unit, the person who has legally occupied the exclusive part of the building but has not gone through the ownership registration according to law can be identified as real right The owner referred to in Chapter VI of the Law of the People's Republic of China.
Related differences:
1. The owner and the owner of the house are not consent words. house Developers The investor is the owner of the building, but is generally not called the owner.
2. The owner is a collective concept. The owner of a building with an independent parcel of land and only one owner does not become an owner, such as the owner of a hotel or building.
3. The owner of a building owned in accordance with a joint ownership relationship is also not called the owner.
Ownership of proprietary parts
For the exclusive part of the building residence . The right to occupy, use, benefit from and dispose of business houses.
Co ownership
The co ownership right of the owner includes the co ownership right of distinguishing the common parts of all buildings and the co ownership right of supporting public places, sites and facilities within the building area; Co ownership of shared roads and parking spaces; The legal servitude of parking spaces and garages within the building area.
Such co ownership rights include the right to use, the right to distribute profits, and the right to claim the exclusion of danger and obstruction.
right of comanagement
The joint management right is the right to maintain the physical properties of common parts and common objects and ensure the operation of supporting facilities. According to the Property Management Regulations of China, the owner has the following rights in property management activities:
（1） As per Property Service Contract To accept the services provided by the property management enterprise;
（2） Propose to hold a meeting of the owners' assembly and make suggestions on matters related to property management;
（3） Propose formulation and modification owners'pledge Suggestions on the rules of procedure of the owners' meeting;
（4） Participate in the owner's meeting and exercise the right to vote;
（5） Elections Owner's Committee Members and enjoy the right to be elected;
（6） Supervision Owner's Committee Work;
（7） Supervise the performance of property management enterprises Property Service Contract ；
（8） Enjoy the right to know and supervise the use of common parts, common facilities and equipment and related sites of the property;
（9） Supervise the management and use of special maintenance funds for common parts of the property, common facilities and equipment (hereinafter referred to as special maintenance funds);
（10） Other rights stipulated by laws and regulations.
Decision:
（1） Formulate and revise the rules of procedure of the owners' meeting;
（2） Formulate and modify management regulations;
（3） Elections Owner's Committee Or replace Owner's Committee Members;
（4） Select and dismiss property service enterprises;
（5） Raise and use special maintenance funds;
（6） Reconstruction and reconstruction of buildings and their ancillary facilities;
（7） Other major matters related to joint ownership and management rights.
Owner's obligations
Obligations to be undertaken when exercising the ownership of the exclusive part
Do not damage the proprietary parts of others.
Obligation not to damage common parts.
Obligation to provide maintenance convenience for adjacent owners.
Obligations for common parts and common objects
Obligation not to occupy illegally
Obligation not to inflict unlawful harm
Obligation to share management expenses
The Owner shall not fail to perform its obligations without enjoying its rights.
Obligation of joint management
（1） Compliance owners'pledge Rules of procedure of the owners' meeting;
（2） Abide by the rules and regulations on the use of common parts and facilities of the property in the property management area, and the maintenance of public order and environmental sanitation;
（3） Implement the decisions and authorization of the owners' meeting Owner's Committee Decisions made;
（4） Pay special maintenance funds according to relevant national regulations;
（5） Pay property service fees on time;
（6） Other obligations stipulated by laws and regulations.
Main role
Consisting of owners' representatives in the property management area Owner's Committee (hereinafter referred to as the industry committee) represents the interests of the owner, reflects the owner's wishes and requirements to all social parties, and is responsible for supervision Property management company A civil society organization. The Property Management Regulations stipulate that: Owner's Committee The members shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability. Play correctly Owner's Committee It plays an important role in solving the increasing contradictions and complaints in property management, improving the quality of community life, and stabilizing the internal order of the community.
Held regularly Owner's Committee
Purpose of the meeting:
In order to effectively play the role of the industry committee, ensure that the professional quality of the industry committee members meets the needs of property management, and shorten the gap between the parties to the contract, it is necessary to strengthen the experience exchange activities of the members, and promote the members to further clarify the responsibilities and obligations of the industry committee through the introduction of professional knowledge of property management to the industry committee members, supplemented by media oriented publicity, Make them support the work of property management enterprises and supervise be overdue The owners who do not pay the property service fee shall pay within the time limit, so as to realize the cooperation and win-win of both parties to the contract. The above activities can be funded by the owner and sponsored by the property management enterprise. The industry association regularly organizes members to carry out various forms of learning and exchange activities. Obtain corresponding qualification certificates through learning and training to accelerate the maturity process of industry committee members. Through the joint efforts of all parties concerned, the owners, the industry committee and the property management enterprise will be brought together to do a good job in property management and ensure the legitimate rights and interests of both parties.
Reason for meeting:
The owner autonomy of public affairs in the property area is achieved through the owner's conference. For various reasons, the owner's conference is usually held only once or twice a year, and a large number of daily public affairs are usually authorized Owner's Committee Decide and implement. The term of office of the industry committee is limited, the structure is unstable, most of them are part-time, the organization is loose, the quality of the members is uneven, and their legal status in operation is highly uncertain. Therefore, once the work error within the scope of authorization is formed, or the power is improperly used, the interests of owners and property management enterprises will be damaged. However, according to the existing relevant laws and regulations in China, it is difficult for the parties concerned to bear corresponding legal responsibilities. Therefore, it is urgent to clarify responsibilities through legislation at this stage to ensure the healthy development of the work of the industry committee.
Industry Committee and Property management company They are interdependent, complementary, and indispensable aspects of the property management relationship. Both parties have the same work goals, different responsibilities, and equal status. They cannot simply determine the level and compare. Property management company We should consciously accept the supervision of the industry committee, be honest and self disciplined, and serve the owners. The industry committee should correctly use the supervision mechanism, rather than simply exercising the "supreme" veto power, so as to avoid the tense confrontation situation of mutual hostility and mutual defense between the two sides and turn hostility into friendship.
The industry committee should give full play to the role of supervision and coordination
Supervision means that the industry committee, on behalf of all owners Property management company Supervise and urge the charging and service behavior of Property management company Perform the service contract according to the law, and when the owner and Property management company If the dispute cannot be avoided, the industry committee is required to perform the coordination function. With the improvement of social legal system, people have thought of using legal weapons to solve problems and safeguard their rights and interests on many occasions. But at the same time, many people fall into another misunderstanding, that is, going to court as the only way to solve the problem, abusing the right of action to safeguard their rights, and completely forgetting that solving the problem is the most fundamental purpose. In dealing with the relationship between the owner and Property management company The industry committee often falls into this misunderstanding and adopts a more extreme way to deal with the problem, which intensifies the contradiction and affects the normal settlement of the disputed problem. For example, a residence Regional Property management company stay Property management fee There was a conflict with some owners in terms of the collection, which could have been mediated by the industry committee to reach an understanding, but the industry committee directly proposed dismissal in order to reflect its protection of owners Property management company On the contrary, sharp contradictions have formed, seriously affecting the normal life of all owners.
The reason why the coordination function of the industry committee is emphasized is determined by the purpose of the owner's property purchase. Owner purchase residence , is to "live in peace", purchase Office Building , is for "happy career", is to secure life and work. If the owner often falls into Property management company The disputes between them will naturally affect their normal life and work, thus violating the original intention of home purchase. If the industry committee can give full play to its coordination function and resolve property management disputes in a peaceful and efficient way, it can provide a good production and living environment for owners and achieve the purpose of "living and working in peace and contentment" for owners.
Owner's meeting Owner's Committee It can only represent all owners in the property management area, and safeguard the legitimate rights and interests of owners in property management. In addition, the owners' assembly and the industry committee have no other rights. The owners' assembly is the authority in property management activities. The industry committee is only the executive body of the owners' assembly, and it is only responsible for implementing the decisions of the owners' assembly. The purpose of the establishment committee is to maintain Proprietorship To ensure that the owner can work and live happily in the living environment. Therefore, the industry committee should aim at effectively resolving conflicts and disputes, rather than abusing its own power.
Properly solve relevant problems in the process of property management
Some details in the process of property management often affect the normal property management work. Although this will not affect the development of the entire property management industry, it will also damage the overall interests of owners if it is not handled properly. For example: Yes residential quarters The owner has been in arrears for many years Property management fee Under the condition of heating fees, the house sales and relevant transfer procedures were still successfully completed, which caused difficulties for property management enterprises to recover, affected the normal operation of enterprises, and objectively violated the paid Property management fee Legal rights and interests of the Owner. Therefore, relevant departments shall residential quarters The industry committee shall countersign to ensure the public interests and legitimate rights and interests of all owners. Another example: Article 20 of the Property Management Regulations stipulates that "the property management committee shall cooperate with the public security organ to jointly maintain public order in the property management area with the residents committee", "the decision made by the property management committee shall be reported to the relevant residents committee, and the suggestions of the residents committee shall be carefully listened to".
in fact, Property management company and Owner's Committee It is a community of interests that needs mutual respect, mutual understanding and harmonious coexistence. The industry committee mainly supervises and cooperates according to the contract Property management company Work, Property management company It is to provide services for the owners, and the industry committee should fully respect Property management company The work of Property management company And should cooperate with their work to encourage Property management company Do your work well.
No doubt in employment, no doubt in employment. If the industry committee keeps an eye on the property management enterprise all day like guarding against thieves, it is afraid Property management company If something goes wrong, it will backfire. If you can't do it well, you can put forward rectification suggestions, Property management company We will constantly improve and improve the service quality, rather than threatening to cancel the property management contract. Because no one Property management company It is perfect. The owner has the right to speculate Property management company This is a great progress, but the problem is that the owners, especially Owner's Committee Can you make good use of this power according to the requirements of the Property Management Regulations, and can you bear the corresponding consequences. The outstanding problem is that Property management company It can not completely solve some problems in the property management area Property management company It will also face the same problem, and many industry committees will residential quarters It's a mess. However, as long as the relevant government departments can constantly improve the relevant laws and regulations, and standardize all aspects of the decision-making and supervision of the industry committee, the industry committee will be able to effectively play its various functions to ensure the healthy development of the property management industry!
Existing problems
Owner Owner's Committee There are often contradictions with property service enterprises. The relationship between the three is simple and complex. In general, residential quarters All rights are up to all owners. The Owner elects the Owner's representative to form Owner's Committee , be responsible for the interests of the owner; The industry committee recruited property companies to sign management service contracts, and the property companies should basically serve all owners.
But in real life, the above relationship is not very clear, or even reversed. The industry committee often fails to respect and safeguard the interests of all owners, has no certain working procedures, lacks a supervision mechanism, often acts arbitrarily, abuses power, and handles matters that should be decided by all owners beyond their authority. The owners' meeting will not be held once a year, or once a few years. Thus, the interests of all owners are damaged.
The property company is all for profit, residential quarters When they are entrusted with management, they often pay attention to the operation and neglect the service, which makes the owners very cold hearted.
Even individual people, after seeking the authority of the industry committee, immediately cooperated with the non-performing property, colluded with each other residential quarters Operate as your own company. Privately divide and misappropriate public income.
Reasons for deficiency
But why does such an effective form of organization encounter problems of one kind or another in the daily operation process, or even fail to play its due role?
Main categories of deficiencies
First of all, the problem mainly lies in the formulation of some relevant laws and regulations in China. From the perspective of local legislation, although some regulations and laws have been issued in succession and efforts have been made to varying degrees, due to the imbalance of economic development level and property management development level, as well as the uneven level of legislation and law enforcement Owner's Committee The boundaries of how to exercise rights and obligations under the legal framework are not clear, and at the same time, people's courts around the country lack a clear legal basis when trying the growing number of civil legal disputes over property management, which has a negative impact on people's courts to protect the legitimate rights and interests of all civil subjects according to law, and maintain the fairness, authority and unity of the law. Therefore, It is more and more important to strengthen the research and improvement of property management legislation and accelerate the legislative process 。
In addition, there are some one-sided understandings about Owner's Committee The establishment and operation of Owner's Committee Its authority and normal operation lay hidden dangers for future unnecessary disputes. For example, some people believe that, Owner's Committee It is an "authority" that can be borrowed to realize personal interests. With the help of it, owners can freely Developers And the property management enterprise, the owners can also leave everything to them and let it go; Others believe that, Owner's Committee It is for the sake of Developers It is established against the property management enterprise; Others believe that, Owner's Committee After solving the problems entrusted by the owner, the task will be completed. As for where it will go, it will not do the owner's thing... In fact, these ideas are right Owner's Committee A serious misunderstanding. The most important and fundamental reason for so many problems and misunderstandings is that people Owner's Committee The understanding of the role is not accurate enough. Owner's Committee It should represent the common will of the owners and safeguard the legitimate rights and interests of the owners, so its production and operation is to play the role of communication between the owners and the property management enterprises. Through the supervision, support, coordination and cooperation of the property management enterprises according to law, the property owned by them can maintain and increase its value.
Prospect introduction
Owner's Committee It is a new organization emerging with the development of the real estate market and the property management industry. It is a non-governmental organization between the property management enterprise and the owner, composed of the owner representatives in the property management area, representing the interests of the owner, reflecting the owner's wishes and requirements to all parties in the society, and supervising the management and operation of the property management enterprise, It plays an extremely important role in property management activities.
With the development of the real estate market and property management industry, the majority of owners pay more and more attention to the maintenance of their own rights and interests Owner's Committee The attention of. Owner's Committee As a new thing, it is a bridge between property management enterprises and owners to communicate with owners and property management enterprises. It represents and maintains the legitimate rights and interests of property owners and users of real estate. It should be an effective form of organization representing the common will of the owners and safeguarding their legitimate rights and interests.
Owner's Committee It comes into being with the legalization and modernization of the growing real estate industry and property management. From a worldwide perspective, property management has entered the era of legalization and modernization since the establishment of the first property management industry organization - the International Building Owners and Managers Association (BOMAI) in 1908. China's property management started relatively late, and the legalization and modernization of China's property management industry are relatively backward. While it is booming, many problems have emerged.
Different from the traditional real estate management carried out by the government, enterprises and institutions through administrative means under the planned economy system, the current property management is a new management service system produced under the socialist market economy, which is mainly reflected in the combination of the impossible owner's self-management and the current unified professional management services of property management enterprises, It presents a new development trend.
Owner's Committee The birth of residence The old concept of district management gives full play to the owner's autonomy and initiative, allowing the owner to self manage. It exercises the following rights under the guidance of relevant institutions: to convene a meeting of the owners' assembly and report on the implementation of property management; Signed with the property management enterprise selected by the owners' meeting on behalf of the owners Property Service Contract ； Timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform Property Service Contract ; supervise owners'pledge implementation; Perform other duties assigned by the Owner's Meeting. so to speak, Owner's Committee The existence of is conducive to clarifying the relationship of responsibility, rights and interests between owners and property management enterprises; It is conducive to the formation of a competitive mechanism in the property management market and plays a major role in the property management market. Moreover, with the improvement of domestic property management laws and regulations, Owner's Committee Its legal status will also be more clearly guaranteed. In short, Owner's Committee It is the premise and key for owners to realize self-management. In other words, there is no owner The committee also lacks the main body of property management and the basis for the survival and development of property management.
So establish Owner's Committee , clear Owner's Committee Its legal status is the basic form for China to establish a new system combining owner self-management and professional management of property management enterprises, and it is also an inevitable requirement for cultivating and standardizing the property management market. In short, people should fully recognize that in the current stage of judicial practice Owner's Committee The realistic rationality of the system should also be deeply aware of its existing defects, and constantly improve through their own work Owner's Committee System, so that it can play its fundamental role to the maximum extent, maintain the vital interests of the majority of owners, and ensure the healthy and orderly development of the real estate market and property management industry.
