Civil Code: Owners' Rights over Different Parts of Buildings

(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter VI Owners' Rights over Different Parts of Buildings
Article 271 An owner of a building shall be entitled to the ownership of its residential unit, commercial unit, and other exclusive spaces of the building, and the co-ownership and the right of joint management of the co-owned spaces other than the exclusive spaces.
Article 272 An owner of a building may possess, use, profit from, and dispose of its exclusive spaces of the building. Each owner's exercise of their rights shall not endanger the safety of the building or damage the legitimate rights or interests of the other owners.
Article 273 All the owners of a building shall have rights over and perform obligations for the co-owned spaces other than the exclusive spaces of the building, and any owner's waiver of its rights shall not be pleaded as a defense for its failure to perform its obligations.
In case of any owner's transfer of its residential or commercial unit of the building, its co-ownership and right of joint management shall be transferred concurrently.
Article 274 The roads within the building zone, except the urban public roads, shall be co-owned by the owners in the building zone. The green spaces within the building zone, except the urban public green spaces or those owned by individuals as expressly stated, shall be co-owned by the owners in the building zone. Other public spaces, public facilities, and premises for property services within the building zone shall be co-owned by the owners in the building zone.
Article 275 The ownership of the planned parking spaces and garages within a building zone shall be determined by selling, gifting, or leasing as agreed by the parties.
The parking spaces, which are planned on the roads or other areas co-owned by the owners, shall be co-owned by the owners.
Article 276 The parking places and garages planned within any building zone shall first meet the needs of the owners.
Article 277 The owners may establish an owners' assembly to elect an owners' council. The terms of and procedures for the establishment of owners' assemblies and councils shall be governed by laws and administrative regulations.
The competent authorities of local people's governments and the residents' committees shall provide guidance and assistance in the establishment of owners' assemblies and the election of owners' councils.
Article 278 Any of the following issues shall be jointly decided by the owners:
(1) development and modification of the rules of procedure of the owners' assembly;
(2) development and modification of the management rules;
(3) election or replacement of the members of the owners' council;
(4) appointment and removal of the property service provider or any other property manager;
(5) use of the funds for the repair and maintenance of buildings and their affiliated facilities;
(6) raising of the funds for the repair and maintenance of buildings and their affiliated facilities;
(7) renovation and reconstruction of the buildings and their affiliated facilities;
(8) diversion of the co-owned spaces to other purposes or use of them for commercial purposes; and
(9) other major issues related to co-ownership or joint management.
To vote on issues to be jointly decided by the owners, the quorum shall be more than two-thirds of all the owners representing more than two-thirds of the total exclusive areas. Any decision on the issues stated in Items (6) through (8) above shall not be valid unless approved by more than three-quarters of the voting owners representing more than three-quarters of the voting exclusive areas. Any decision on the other issues shall not be valid unless approved by more than half of the voting owners representing more than half of the voting exclusive areas.
Article 279 No owner may divert its residential unit to commercial purposes in violation of laws, administrative regulations, or the management rules. An owner intending to divert its residential unit to commercial purposes shall obtain unanimous consent of the interested owners, in addition to abiding by laws, administrative regulations, and the management rules.
Article 280 The decisions of the owners' assembly or council shall be legally binding on the owners.
In case of damage to or loss of the legitimate rights or interests of any owner due to any decision made by the owners' assembly or council, such owner may file a petition with the people's court to revoke the decision.
Article 281 The funds for the repair and maintenance of buildings and their affiliated facilities shall be co-owned by the owners and may be used for the maintenance, renovation, and transformation of the elevators, roofs, external walls, barrier-free facilities, and other co-owned spaces, as jointly decided by the owners. The information on the raising and use of the funds shall be made publicly available on a regular basis.
Where it is necessary to repair a building and its ancillary facilities in an emergency, the owners' assembly or council may apply to use the funds according to law.
Article 282 The profit generated by the developer, property service provider, or any other property manager through the use of the spaces co-owned by the owners, after deducting the reasonable costs, shall belong to the owners.
Article 283 The costs of and the profits from the buildings and their ancillary facilities shall be distributed and allocated among the owners as agreed or in proportion to the exclusive areas of the owners in the absence of an express agreement.
Article 284 The owners may manage the buildings and their ancillary facilities on their own or engage a property service provider or any other property manager to manage them.
Any property service provider or any other property manager engaged by the developer may be replaced by the owners according to law.
Article 285 The property service provider or any other property manager engaged by the owners shall manage the buildings and their ancillary facilities within the building zone as agreed with the owners and in accordance with the provisions under TITLE THREE of this Code applicable to property service contracts, be subjected to supervision by the owners, and respond to the owners' inquiries about its property services in a timely manner.
The property service provider or any other property manager engaged by the owners shall take the emergency measures and other management measures as ordered by the government according to law and shall provide active cooperation in relevant work.
Article 286 The owners shall abide by laws, administrative regulations, and management rules and act in a manner that meets the requirements for resource conservation and ecological environment protection. In taking the emergency measures and other management measures as ordered by the government according to law, the owners shall cooperate with their property service provider or any other property manager according to law.
In case of damage to or loss of the legitimate rights or interests of any person incurred due to the acts of an owner or any other person, including but not limited to random disposal of wastes, emission of pollutants, noise pollution, illegal keeping of animals, illegal construction or erection, occupation of passages, or refusal to pay property service fees, the owners' assembly or council may request such owner or person to cease and desist from the infringement, remove the obstruction, or eliminate the danger, or claim restitutio in integrum or compensation for loss, in accordance with laws, administrative regulations, and the management rules.
Where such owner or person refuses to perform its obligations as requested, the interested party may report or complain to the competent administrative authority, who shall adjudicate on the dispute according to law.
Article 287 In case of damage to or loss of the legitimate rights or interests of any owner incurred by the developer, property service provider, or any other property manager or owner, the damaged owner shall be entitled to claim civil liability therefor.