What is an Owners Committee and what are the requirements and procedures for the establishment of a

The owners' committee refers to a non-governmental organization composed of representatives of owners in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all parties in society, and supervising the management and operation of property management companies. Under normal circumstances, there are two ways for the owners' committee to be formed: it is elected by the owners or the general meeting of the owners, and is elected in accordance with the property law, property management regulations, and relevant measures in various places in accordance with the procedures; For larger communities, the owners first elect their respective building committees according to the building, and then each building committee elects representatives to form a property committee; The owners' committee formed in this way is mainly responsible for the management of the common ownership of the buildings; The building committee is responsible for the management of the common ownership of the building.

What kind of owners can serve, the owners' committee is elected by the general meeting of owners, and consists of an odd number of 5 to 11 people. The members of the owners' committee shall be the owners in the property management area and meet the following conditions: have full civil capacity; Comply with relevant national laws and regulations; Abide by the rules of procedure of the general meeting of owners and the management regulations, and perform the obligations of the owners in an exemplary manner; Enthusiastic about public welfare, strong sense of responsibility, fair and honest; Have certain organizational skills; Have the necessary working hours.

The owners' committee refers to the executive body of the owners' general meeting composed of the owners' representatives elected by the owners in the property management area, representing the interests of the owners through the implementation of the decisions of the owners' general meeting, reflecting the wishes and requirements of the owners to all parties in the society, and supervising and assisting the property service enterprises or other managers to perform the property service contract, and does not have independent legal personality.

Extended information: The owners' committee refers to a non-governmental organization composed of representatives of owners in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all parties in the society, and supervising the management and operation of property management companies. The basis of the power of the Owners' Committee is its ownership of the property, and it represents all the owners of the property and has the power to decide on all material matters relating to the property.

Legal basis: Property Management Regulations

Article 15 The owners' committee implements the decisions of the owners' general meeting and performs the following duties: (1) Convening the meeting of the owners' general meeting and reporting on the implementation of property management; (2) On behalf of the owners, sign the property service contract with the property service enterprise selected by the owners' meeting; (3) Timely understand the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in performing property service contracts; (4) Supervise and manage the implementation of the statute; (5) Other duties assigned by the general meeting of owners.

The owners' committee refers to a non-governmental organization composed of representatives of owners in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all parties in the society, and supervising the management and operation of property management companies. It has an independent legal personality and can safeguard the rights and interests of property owners and supervise the quality of services provided by property management companies.

Conditions for the establishment of the owners' committee of the owners' committee: after the delivery of the community, the occupancy rate exceeds 50%, the developer or the owner can apply to the street community for help to guide the establishment of the owners' committee, if the occupancy rate is less than 50%, after three years, the owner can also apply for the establishment of the owners' committee.

1. Within 30 days after the community has the conditions for the establishment of the business committee, the construction unit of the community shall report in writing to the local sub-district office and the township people, and apply for the establishment of the owners' meeting.

2. After the application is handed over to the street or community, the street will send staff to serve as the leader of the preparatory group to form a preparatory group for the election of the owners' committee, and the preparatory group will not only be headed by the staff of the street or township, but also invite the construction unit to send representatives, and the real estate department at or above the county level will send representatives to participate.

The rest is the owner's representative, who should be greater than or equal to two-thirds of the total number of members of the preparatory group, and the owner's representative of the preparatory group should generally meet the qualifications of the owner's committee.

The members of the owners' committee shall be the owners in the property management area and meet the following conditions:

1. Have full capacity for civil conduct;

2. Comply with relevant national laws and regulations;

3. Abide by the rules of procedure of the general meeting of owners and the management regulations, and perform the obligations of the owners in an exemplary manner;

4. Enthusiastic about public welfare, strong sense of responsibility, fair and honest;

5. Have certain organizational skills;

6. Have the necessary working hours.

Members of the Owners' Committee must meet the following criteria:

1. Be the owner of the property management area;

2. Be able to comply with property management regulations, rules, normative documents and management regulations, rules of procedure of the owners' meeting, and the articles of association of the owners' committee;

3. Have certain organizational skills and necessary working hours, and be able to perform the duties of the owners' committee members;

4. Good conduct and no bad deeds;

5. Enthusiastic about public welfare.

Our community posted a notice this month to set up an industry committee, can you talk about it, what is an industry committee?

Hello owner friend.

The Owners' Committee, the full name of the "Owners' Committee", is an organization elected by the General Meeting of Owners in accordance with the law, performing the duties entrusted by the General Meeting of Owners, implementing the matters decided by the General Meeting of Owners, and accepting the supervision of the Owners. The so-called "owners' meeting" is an organization composed of all owners in the property management area, representing and maintaining the legal rights of all owners in the property management area and fulfilling the corresponding obligations.

In layman's terms, all owners form a "general meeting of owners", and the owners' committee is a representative elected by all owners. The Owners' Committee is neither "**" nor the "leader" of the owners. According to the Property Law and other laws and regulations, the members of the property committee are the same as ordinary owners, except for one person, one vote, the only difference is that the size of the exclusive area of the housing owned by each owner is different, and the weight of the votes is different.

In addition, the Owners' Committee is not a decision-making body, but an executive body. In addition to electing the owners' committee, the owners can also elect an owner's representative to attend the meeting of the owners' meeting in accordance with the guidelines of the Ministry of Housing and Urban-Rural Development. In this way, the owners' representatives are more universal, and they are more able to connect and communicate with the owners and the owners' committees to help them perform their duties.

The work of the Owners' Committee is of a public interest nature, and sometimes it can be very hard. As a result, some community owners' meetings (all owners) have made a resolution to use public revenues (such as park advertising fees) to pay subsidies to the members of the owners' committees, and at the same time, the owners' representatives elected by each unit meet regularly to supervise the work of the owners' committees. We try to be as open and transparent as possible.

Legal analysis: With the property committee, the owner has a voice platform, can supervise the property company to do a good job in property services, if not satisfied with the property service, you can convene a general meeting of owners to implement effective measures. Without the property committee, the property management company has the final say on everything in the community, and the owners cannot talk to the property on an equal footing.

With the Owners' Committee, the interests of all owners are protected, and the standard of property fees is determined by the owners' general meeting organized by the Owners' Committee. There is no property committee, and the standard of property fees is determined by the developer and the property management company. With the Owners' Committee, all owners can sign a property service contract with the property management company whose responsibilities and rights are in line with the interests of the owners, and clarify the service standards.

There is no property committee, and the property service standards are determined by the developer and the property management company. With the Owners' Committee, through a clear contract, the income of grassroots employees such as security guards and cleaners can grow reasonably and steadily. Without the property committee, in order to continue to obtain profits, the property company can only continue to reduce costs, layer by layer outsourcing, on the one hand, the property service shrinkage, on the other hand, the income standard of grassroots employees, the interests of owners and grassroots employees are infringed.

With the property committee, all owners can recover the public interest, and according to the law, the public income such as parking fees and advertising fees in the community belongs to all owners. Without the property committee, all the public income of the community that should have been owned by the owner was taken away by the property company, and they complained bitterly, saying that they were operating at a loss and doing Yang Bailao. With the Owners' Committee, we can ensure that the reasonable use of housing maintenance is continuously value-added.

Without the property committee, the owner's house maintenance** will be used by the property in various names, the "life-saving money" of the house will continue to shrink, and the interests of the owner will be damaged.

Legal basis: Civil Code of the People's Republic of China

Article 277: Owners may set up a general meeting of owners to elect an owners' committee. The specific conditions and procedures for the establishment of the owners' general meeting and the owners' committee shall be in accordance with the provisions of laws and regulations. The relevant departments of the local people's ** and the residents' committees shall give guidance and assistance to the establishment of the general meeting of the owners of the business and the election of the owners' committee.

Article 278 The following matters shall be jointly decided by the owners: (1) to make and revise the rules of procedure of the owners' general meeting; (2) Formulating and revising management regulations; (3) Elect the owners' committee or replace the members of the owners' committee; (D) the selection and dismissal of property service enterprises or other managers; (E) the use of funds for the maintenance of buildings and their ancillary facilities; (6) Raising funds for the maintenance of buildings and their ancillary facilities; (7) Reconstructing or reconstructing buildings and their ancillary facilities; (8) Changing the use of the common part or using the common part to engage in business activities; (9) Other major matters related to co-ownership and co-management rights. Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds.

Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

The owners' committee, i.e., the owners' committee, refers to a non-governmental organization composed of representatives of owners in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all parties in society, and supervising the management and operation of property management companies.

The Owners' Committee shall carry out the decisions of the General Meeting of Owners and perform 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 owners, sign the property service contract with the property service enterprise selected by the owners' meeting;

(3) Timely understand the opinions and suggestions of owners and property users, and supervise and assist property service enterprises in performing property service contracts;

(4) Supervise and manage the implementation of the statute;

(5) Other duties assigned by the general meeting of owners.

In addition to performing its duties in accordance with the law, the owners' committee shall also perform the following duties:

A) the development of the selection of property service enterprises of the program, submitted to the general meeting of owners for decision;

2) Formulate the annual financial budget plan and final account plan of the owners' committee, and submit it to the owners' general meeting for decision;

3) Formulate the rules of procedure of the general meeting of owners and the amendment plan of the management statute, and submit it to the general meeting of owners for decision;

4) Formulate a plan for the maintenance of public order and environmental sanitation in the property management area, and report to the owners early in the morning to decide;

E) the development of property Huaixiang management area of the common part of the property and the use of common facilities and equipment, income plan, submitted to the general meeting of owners for decision;

6) Formulate a plan for the use and continuation of special maintenance funds, and report to the general meeting of owners for decision;

7) Formulate a plan for rebuilding and rebuilding buildings and their ancillary facilities, and submit them to the general meeting of owners for decision;

8) Deal with violations of the management regulations;

Conditions for the establishment of the owners' committee: 1. The occupancy rate of Wang Chun reaches more than 50%; 2. The first batch of properties Yingbi has been delivered for 2 years, and the occupancy rate is more than 30%; 3. The first batch of properties has been delivered for 3 years. ”

The owners' committee plays the following roles: 1. Select and re-appoint property management companies. 2. Supervise and review the expenditure of various funds. 3. Supervise and assist property management enterprises to perform property service contracts. 4. A bridge of communication.

The owners' committee is composed of representatives of the owners elected by the owners in the property management area, representing the interests of the owners through the implementation of the decisions of the owners' meeting, reflecting the wishes and requirements of the owners to all parties in the society, and supervising and assisting the property service enterprises or other managers to perform the property service contract.

There are three types of entities that can participate in civil activities under Chinese law: natural persons, legal persons and other organizations, and the state. The so-called legal person refers to an organization that has the capacity for rights and conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

A legal person must meet the following four conditions:

1) Established in accordance with the law;

2) Have the necessary assets or funds;

3) Have their own name, organization and place;

4) Be able to bear civil liability independently.