| The voting rights of property owners usually refer to the act of community owners voting on matters jointly managed by the community through the exercise of their joint management rights in accordance with legal provisions or agreements.It is an important component of community owner autonomy and an indispensable part of grassroots governance and social harmony.However,as Caisheng was listed on the Hong Kong Stock Exchange in June 2014,the first property listing in Chinese Mainland came out.In the following years,a large number of property management companies began to venture into the capital market,and the listing of property service companies became a new trend in the industry.As of now,dozens of companies in Chinese mainland have successfully listed on the Hong Kong Stock Exchange or A-share market.Since 2022,state-owned enterprises with state-owned background have become the main force in mergers and acquisitions and listings.From the prospectus,we can see that the primary task of financing for listed property companies is to conduct large-scale strategic investments and mergers and acquisitions,expand the area of property under management,expand business scale,and maintain a dominant position in the capital market.Some even set up a specialized market grabbing committee to hire a legal team to complete the market grabbing work in conjunction with professional disputes.Some members of the industry committee also manipulate public opinion and disrupt the governance environment of the community for personal gain.On January 1,2021,the Civil Code was officially implemented,and it is noteworthy that the provisions on the voting rights of owners in Articles 278,946,and 948 have to some extent changed the industry landscape.For example,Article 278 further lowers the threshold for the selection and dismissal of property service personnel by property owners,in order to further improve grassroots governance and increase the participation of property owners.However,in practice,there are also industry chaos such as manipulating public opinion,unauthorized proxy voting,and fake voting,laying hidden dangers for the harmony and stability of grassroots governance.Article 946 grants the owner the right to unilaterally terminate the property service contract by convening a general meeting of the owner,while the property company does not have the right to unilaterally terminate the property service contract,reflecting the strengthened protection of the owner’s rights in the Civil Code.The latest version of the provincial property management regulations recently issued also reflects this legislative idea.Article 948 belongs to the provisions of indefinite property service contracts,similar to indefinite lease contracts,and both the owner and the property management company have the right to terminate them at will.According to the current status of property legislation and practice,the property service industry will face certain changes and challenges.This article first starts from the existing institutional system and legal issues of the owner’s voting rights,clarifies the exercise subject and rule system of the owner’s voting rights,and proposes prominent practical issues in practice.Secondly,analyze the relevant theories of the voting rights of homeowners,clarify the relationship and theoretical origins between the voting rights of homeowners and the rights of members.Thirdly,it conducts a comparative study,analyzes the relevant systems in Chinese Taiwan,Chinese Hong Kong and Japan,Germany,and summarizes the reference and enlightenment for China.Finally,suggestions for improving the voting rights of homeowners are proposed from the perspectives of practical analysis and theoretical research,legislation,and judicial standards. |
