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It stands to reason that the owners' committee is publicly elected by the owners' general meeting and is the executive body that implements the resolutions of the owners' general meeting, and must take responsibility for supervising the normal service work of the property in strict accordance with the property service contract.
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Makes sense because it involves shared repairs**! If it is not more than half of the double, then this industry committee must eat the rebate.
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Owners' committees are voluntary work that is unremunerated and receives only a small amount of subsidy. Some owners take it for granted that the members of the Cadre Committee are fat, which is why many people are reluctant to work on the Owners' Committee. Affected is not pleased.
Also, the property company is just a kind of service industry, providing jobs for many older laid-off people, and it is also the best support, the property company does not make as much money as some owners imagine every year, there are a lot of expenditures, not to mention that people are not clear, water and electricity bills, capitation wages, insurance, facility maintenance, etc., all kinds of taxes and fees, are costs.
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The supervision of the property management company is the common responsibility of all owners, who find the problem, timely inform the members of the property committee, the property committee to communicate with the property company, let it improve, this is a benign interactive process. If a certain owner finds a problem, hides it and doesn't say it, and then spreads rumors everywhere in the community, you see, I have seen this kind of thing, but the property committee can't see it, what do you eat?
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It makes sense that the establishment of the owners' committee is to supervise the property and better serve the owners.
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If you have any questions about the Owners Committee, you can personally participate in some activities of the Owners Committee, learn more about the work of the Owners Committee, and do not suspect each other without roots.
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Actually, I think it is unreasonable, because the Owners Committee is not obliged to supervise the work of the property, so the owner's request is unreasonable.
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It mainly depends on the signature of all owners. The property committee may be bought by the property within a month. Maybe it's been hooked up for a long time.
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If the Owners' Committee does not respect the wishes of the owners and obeys the property's fears, then what does the Owners' Committee have to do? Remove the owners' committee and re-establish its own.
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There are professionals in the Owners' Committee who can supervise the property only if they collide with the facilities and equipment of the community, which have certain professional knowledge, and many of the Owners' Committees do not understand. Like sanitation and greening, what is seen, can be seen by every owner.
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I don't think it's very reasonable, but if the other party agrees, it's okay, and we can sit down and have a good talk.
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It is true that the business committee is obligatory, but you don't see how many people in a community break their heads to compete! Why?! In a small community in our city, there was a matter of the property committee buying the street and then legalizing all the materials to recruit new properties!
Think for yourself. In a word, people die for money!
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Personally, I think that since the owner has paid the property fee, he should enjoy the treatment he deserves, and he will recruit whoever he hands over.
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The community must be held accountable, and if there is a major dispute or otherwise, it can even be punished by law.
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It is necessary to find out whether the property is independently recruited by the community owners committee and agreed by all owners, and if so, the owners committee must also bear the corresponding responsibility.
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Personally, I believe that the responsibility that the property company should bear should also be borne by the escrow organization.
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Legal analysis: The rights of the owners' committee to the property management company are: to select and dismiss the property management company, and to conclude, change or terminate the property management service contract with the property management company; Review the annual work plan, budget and final accounts of property management service fees proposed by property management enterprises; Listen to the opinions and suggestions of owners and property users, and supervise the management service activities of property management enterprises; performance of property management service contracts; supervise the implementation of the owners' covenant and the property management system; Support the management service activities of property management enterprises.
Legal basis: Civil Code of the People's Republic of China
Article 943: Property service providers shall regularly disclose to the owners the matters of service, the persons in charge, the quality requirements, the items to be charged, the standards for fees, the performance conditions, as well as the use of maintenance funds, and the operation and income of the common part of the owners to the owners in a reasonable manner, and report to the owners' general meeting and the owners' committee.
Article 947: Where the owners jointly decide to renew their employment before the expiration of the term of property management services, they shall renew the property management service contract with the original property management service provider before the expiration of the contract period.
If the property management service provider does not agree to renew the employment before the expiration of the property management service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless otherwise agreed in the contract on the notice period.
Article 949: Where a property management service contract is terminated, the original property management service provider shall withdraw from the property management service area within the agreed period or a reasonable period of time, return the property management service room, related facilities, and relevant materials necessary for property management services to the owners' committee, and the owner or the person designated by him who decides to manage the property on his own, cooperate with the new property management service provider to do a good job of handing over the work, and truthfully inform the property management status of the property.
Where the original property service provider violates the provisions of the preceding paragraph, it shall not request the owner to pay the property management fee after the termination of the property management service contract; Where losses are caused to the owners, the losses shall be compensated.
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Legal Analysis: The owner's right to supervise the owners' committee is guaranteed by law and can be enforced to search.
Legal basis: Property Management Regulations
Article 10 of the owners in the same property management area, should be located in the district and county people's real estate administration and management department or street office, township people's leadership under the guidance of the establishment of the owners' meeting, and the election of the owners' committee. However, if there is only one owner, or if the number of owners is small and all the owners unanimously agree not to establish a general meeting of owners, the owners shall jointly perform the duties of the general meeting of owners and the owners' committee.
Article 11 The following matters shall be jointly decided by the owners:
1) Formulate and revise the rules of procedure of the general meeting of owners, (2) formulate and revise the management regulations, (3) elect the owners' committee or replace the members of the owners' committee, (4) select and dismiss property service enterprises, (5) raise and use special maintenance funds, (6) reconstruct and reconstruct buildings and their ancillary facilities, and (7) other major matters related to co-ownership and joint management rights.
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Legal Analysis: The general meeting of owners shall spend the work of the residents' committee and accept its guidance and supervision.
Legal basis: Article 34 of the Regulations of the General Meeting of Owners The general meeting of owners and the owners' committee shall cooperate with the public security organs, cooperate with the residents' committee, and jointly do a good job in maintaining social security and other related work in the property management area. In areas where property management returns to the dry area, the owners' general meeting and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties in accordance with the law, support the residents' committees in carrying out their work, and accept their guidance and supervision.
The decisions made by the general meeting of owners and the owners' committee of a residential community shall be informed to the relevant residents' committee and the suggestions of the residents' committee shall be heard.
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The Owners' Committee is not allowed to appoint a property management company. The state advocates that construction units select and hire property service enterprises through bidding in accordance with the principle of separating land ridge sheds from real estate development and property management. The construction unit of residential property shall select and hire property service enterprises through bidding; If the bidder is less than 3 or the size of the house is smaller, with the approval of the real estate administrative department of the district and county where the property is located, the property service enterprise can be selected by agreement.
Article 24 of the Property Management Regulations The State advocates that the construction unit shall, in accordance with the principle of separating real estate development and property management, select and hire property service enterprises through bidding. The construction unit of residential property shall select and hire property service enterprises through bidding; If the bidder is less than 3 or the residential scale is small, the property is located in the district and county people's ** real estate administrative departments approved, the property service enterprise can be selected by agreement.
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Legal Analysis: The owners' committee shall perform the following duties: 1
Convene a general meeting of owners to report on the implementation of property management; 2.On behalf of the owner, sign the property service contract with the property service company selected by the general meeting of the owners; 3.Keep abreast of the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in fulfilling property service contracts.
Legal basis: Property Management Regulations》 Article 15 The owners' committee implements the decisions of the owners' general meeting and performs the following duties:
1) Convene a meeting of the general meeting of owners to report on the implementation of property management;
2) On behalf of the owner, sign a property service contract with the property service company selected by the owners' meeting;
3) Keep abreast of the opinions and suggestions of property owners and property users, supervise and assist property service enterprises to perform their duties and perform property services;
4) To supervise the implementation of the Statute of Supervision and Management;
5) Other duties assigned by the general meeting of owners.
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