What Is Leasehold Interest?
Lease rights, also known as "rights to use proceeds". Refers to the general term of the possession rights necessary for the purpose of using the leased property for the purpose of using the leased property after the leased property is delivered in accordance with the property lease contract. If it must be exercised within a reasonable range, and the lease right is damaged or lost if the lease right is not exercised according to the agreement or the method determined by the nature of the lease item, the lessor has the right to claim compensation for the loss or restore the original condition. The lessee cannot arbitrarily assign the lease right, and the transfer of the lease right generally requires the consent of the lessor. [1]
Lease right
- After the lessee has obtained the right to use the house, it shall not dispose of the rented house without the consent of the lessor, unless
- ____________ Convention for Owners of Residential Areas
- In order to strengthen the management of various types of properties in residential areas, ensure the safe and reasonable use of properties in residential areas, maintain public order in residential areas, create a good living environment, agree to sign this convention, and abide by them together.
- I. Situation of this residential area
- 1. Location: ______ Road, District ________.
- 2. Total area: _______________ square meters.
- 3. Total construction area: _______________ square meters, of which: residential ____ square meters, non-residential _____ square meters (commercial ____ square meters, other _________ square meters).
- 4. Buildings ____ buildings ____ sets, of which: high-rise buildings ____ buildings ____ sets, multi-storey buildings ___ buildings ___ sets.
- 5. Number of owners: ___.
- 6. Management Committee Property:
- (1) Special fund for public facilities ______ yuan.
- (2) Users of property management __________ square meters, of which, the management committee _______ square meters, and property management companies _____ square meters.
- (3) Commercial users _________ square meters.
- (4) Others: ________________________________
- 7. Public facilities and public places (land) conditions:
- (1) Road: roadway ___ square meters; sidewalk ____ square meters.
- (2) Area of landscaping: ______ square meters.
- (3) Educational facilities: ____ for middle schools, building area ____ square meters; ____ for elementary schools, building area ___ square meters; kindergarten ___, building area ___ square meters
- (4) Cultural and sports facilities: ___ recreation centers, building area ___ square meters; tennis courts ___, occupying ___ square meters; gate courts ___, covering __ _ Square meters, swimming pool ___, construction area ___ square meters; children's playground ____, covers an area of ____ square meters.
- Other: a .____________________
- b .____________________
- c .____________________
- (5) ___ street lights; ___ garden lights; other lights: a .__________ b .___________
- (6) Sewage inspection wells ___ meters, sewage pipes ___ meters; rainwater inspection wells ___, rain water pipes ___ meters; septic tanks ___ seats; open ditch ___ meters; underditch ___ Meter.
- (7) There are ___ interfaces for fire pump heads.
- (8) There are ___ parking lots with a total area of ___ square meters and ___ parking spaces.
- (9) Comprehensive building ___, construction area ___ square meters; of which a .________ b .__________
- (10) Meat market ___, construction area ____ square meters.
- (11) ____ post and telecommunications offices (offices) with a building area of ____ square meters.
- (12) Theater ___ seat, building area _____ square meters.
- (13) Hospital ___, building area ____ square meters.
- (14) Others: ____________________________
- All of the above public facilities and public places (places) have ______, _______, _______ items have been completed and delivered for use, and _______, _______, _______ items have not been completed or delivered for use. It is expected that _____ months will be delivered use.
- 8. something else:
- (1)______________________________
- (2)______________________________
- (3) ______________________________
- Second, the way of convening and deciding major events in residential areas
- 1. Convening of the owners' meeting:
- (1) When the first homeowner's meeting is delivered for use and the occupancy rate is more than 50%, the district housing management department, together with the development and construction unit or the property management company commissioned by it, shall convene according to legal procedures and forms, and elect a management committee. Commission.
- a. It is led by the district housing management department and forms a committee of the owners' meeting with the development and construction unit or the property management company commissioned by it (hereinafter referred to as the preparation committee). People attend.
- b. According to the relevant laws and regulations, the Preparatory Committee proposed the candidate list of the members of the Management Committee after fully soliciting the opinions of the owners, and prepared the agenda and materials of the conference.
- c. The Preparatory Committee will announce the date, place, content, method, degree and candidate list of the Management Committee in the residential area 14 days before the owner's meeting.
- d. The director of the Preparatory Committee presides over the owners' meeting in accordance with the prescribed procedures, elects the members of the first management committee, and completes the agenda of the meeting.
- e. After the establishment of the first management committee, it was approved and registered by the municipal government's community registration department to exercise its rights according to law.
- f. All occupants of residential quarters with voting rights should attend the owners' meeting on time, participate in the voting, exercise their legal rights, and bear their legal responsibilities in accordance with the requirements of the Preparatory Committee's announcement.
- g. The owners understand that if they do not attend the owners' meeting and participate in the voting, they will bear all the consequences arising therefrom.
- (2) After the management committee is established, it will be responsible for convening subsequent owners' meetings and convening at least once a year.
- Upon the proposal of the owners holding more than 10% of the voting rights, the Management Committee shall convene the owners' meeting for the purpose specified by them within 14 days after receiving the proposal.
- The management committee shall announce the meeting place, time, content, method and other matters 7 days before the meeting of owners. The owner's meeting is chaired by the director of the management committee, and if the director of the management committee is absent, it is chaired by the deputy director of the management committee.
- 2. The owners' meeting must be attended by the owners who have held more than 50% of the voting rights among the owners; if the owners have held more than 50% of the voting rights, it can be postponed. .
- 3 When the attendance of the owners' meeting reaches a quorum, all matters raised at the meeting shall be voted by the owners present at the meeting and passed by more than half. Voting may take the form of a written vote or other form. If the number of votes is equal, the moderator of the meeting can cast one vote in addition to one ordinary vote.
- 4 The General Assembly voted for one house, one vote; non-residential houses over 100 square meters each had a construction area of one hundred square meters, and non-residential houses under 100 square meters had a real estate right certificate.
- 5. At the owners' meeting, the owners shall vote in person or by proxy. To delegate to vote, the power of attorney must be issued to the management committee one day before the meeting or within the time approved by the director of the management committee, otherwise the delegation is invalid. The power of attorney must be signed by the owner. If the owner is a legal person, it must bear the legal person's official seal.
- 6. The owner may choose one or more buildings as the unit, choose the building director, as the common representative of the nominee, participate in the owners' meeting, and exercise other management rights of the owners.