How the neighborhood committee guides and supervises the business committee

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Regulations) although it has been clarified that neighborhood committees and business committees are like this. guidance and supervision". But in fact, many owners still can't figure out why the owners are obviously the owners of their own houses.

How to explain the legal relationship between the owners' committees and the guidance and supervision of the neighborhood committees when performing their self-management duties and carrying out their work? Especially when the owner sees such a phenomenon; 'The more upscale the community. This feeling is even stronger the more people are indifferent to the role of neighborhood committees.

Many property owners have always been unaccustomed to the neighborhood committee. Mother-in-law' and the kind of working method that goes around the powder when encountering practical problems. Therefore, the selling price is in a mid-range community of about 10,000 yuan per square meter.

Do you want the 'guidance and supervision' of the neighborhood committeeThe owners are quite divided. But I always think.

The "guidance and supervision" of the neighborhood committee is necessary for any kind of community. The number of residents in a community is definitely greater than that of the owners. Any decisions made by the owner about the property.

In addition to affecting the owners themselves, it will also affect the living environment of the residents of the entire community and the environment of the area where the community is located. Such as the replacement of the property company. The use of maintenance costs and the secondary rational development of community resources.

Because of the correlation of interests between owners and residents living together. In terms of social organizational structure, the owners' meeting. The owners' committee is only an important autonomous organization of the community.

But it is not the highest authority in the community. The supreme authority of the community shall be the residents' meeting elected by the majority of residents or residents' representatives. Our country.

In places where information technology is highly developed, it is extremely inappropriate to have such an organization as a neighborhood committee with the characteristics of the times. If such an institution is necessary, it can be replaced by a smart machine to save on the tax paid by the taxpayer. The efficiency will be increased by a hundredfold. The rationality of doing things will also be 100 times higher.

Legal Analysis: There is no such organization as the Supervisory Committee of the Owners' Committee in China. It is up to the owner to agree on the method of establishment.

Legal basis: Property Management Regulations

Article 15 The owners' committee shall implement the decisions of the owners' general meeting and perform the duties of dust dismantling

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 Hongna, a property service company selected by the owners' general 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) To supervise the implementation of the Statute of Supervision and Management;

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

16th owners' committee shall, within 30 days from the date of election, to the district and county people's real estate administrative departments and sub-district offices, township people's ** for the record.

The members of the owners' committee shall be the owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility, and have a certain degree of organizational ability.

The director and deputy director of the owners' committee are elected from among the members of the owners' committee.

All localities should follow the requirements of the "Opinions of the Communist Party of China on Strengthening and Improving the Governance of Urban and Rural Communities" (Zhongfa 2017 No. 13), establish and improve the residential affairs supervision committee, pay attention to giving play to the basic role of grassroots mass autonomous organizations, and further promote the openness of party affairs, residence affairs and democratic management. Each residential supervision committee generally has 3 members, including 1 director and 2 members. The selection of directors is to be a member of the community Party organization team or a Party member who is not a member of the residents' committee, and in principle is not to be concurrently served by the secretary of the community Party organization.

The other committee members are generally elected from the members of the residents' consultation council, the owners' committee, and the property management company, and the term of office is the same as that of the "two committees" of the community.

Article 4 of the Regulations on Disciplinary Sanctions of the Communist Party of China provides that the Party's disciplinary work shall adhere to the following principles: (1) Persist in carrying the Party to manage the Party and comprehensively and strictly govern the Party. Strengthen the education, management, and supervision of the party's organizations at all levels and all party members, put discipline in the forefront, and pay attention to grasping small problems as early as possible and preventing them from getting worse.

2) All are equal before party discipline. Party organizations and Party members who violate Party discipline must strictly and fairly enforce discipline, and no Party organization or Party member who is not subject to discipline is allowed within the Party. (3) Seek truth from facts.

Violations of Party discipline by Party organizations and Party members shall be based on facts, with the Party Constitution, other internal Party regulations, and the StateLaws and RegulationsAs the criterion, the nature of the violation of discipline is to be accurately determined, and different situations are distinguished, and appropriately handled. (4) Democratic centralism. The implementation of Party discipline sanctions shall be decided upon through collective discussion by the Party organization in accordance with the prescribed procedures, and no individual or minority of persons are allowed to make decisions or approve them without authorization.

Lower-level Party organizations must implement decisions made by higher-level Party organizations on the handling of Party organizations and Party members who violate Party discipline. (5) Punish the former and the latter, and treat the sick and save people. The handling of Party organizations and Party members who violate Party discipline shall be combined with punishment and education, so that leniency and severity are blended.

Legal Analysis: Owners' committees are not subject to the management of neighborhood committees. The Owners Committee is a self-management organization composed of owners' representatives selected by the owners of the community through the owners' general meeting.

Neighborhood committees and business committees are both institutions that serve residents, the difference is that the business committee only serves the owners of the community, while the neighborhood committee is an institution that serves the residents of the whole area, and the neighborhood committee has certain functions, such as police workstations, party affairs workstations, etc. The property committee simply provides services to the residents of the community, and at the same time, all the owners of the community sign various contracts with third-party service agencies such as property management companies.

Legal basis: Article 11 of the "Property Management Regulations" 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) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.

Legal Analysis: The neighborhood committee is a grass-roots mass autonomous organization for residents' self-management, self-education, and self-service, and it works under the guidance and support of the first or the most dispatched agencies. The neighborhood committee is not the property owner of the community, and it does not enjoy the rights of the owner, nor does it have to assume the obligations of the owner.

When a dispute arises between the owner or the owners' committee and the property management company over the property contract, the neighborhood committee may mediate and deal with it, but it cannot replace the owner or the owners' committee in selecting the property management company.

Legal basis: Organic Law of the People's Republic of China on Urban Residents' Committees

Article 2: Residents' committees are grassroots mass autonomous organizations for residents' self-management, self-education, and self-service.

The people** of cities not divided into districts or municipal districts, or their dispatched organs, shall give guidance, support, and assistance to the work of residents' committees. Residents' committees assist the people** of cities not divided into districts or municipal districts or their dispatched organs in carrying out their work.

Article 3 Tasks of the Residents' Committee:

1) Publicize the Constitution, laws, regulations, and national policies, safeguard the lawful rights and interests of residents, educate residents to fulfill their obligations in accordance with the law, protect public property, and carry out various forms of activities to build socialist spiritual civilization;

2) To handle the public affairs and public welfare undertakings of residents in their respective areas of residence;

3) Mediation of civil disputes;

4) Assist in the maintenance of public order;

5) Assist the people** or its dispatched organs to do a good job in public health, family planning, preferential care and relief, youth education, and other work related to the interests of residents;

6) To reflect the opinions, demands and suggestions of residents to the people** or to its dispatched organs.

There is a cooperative relationship between the neighborhood committee and the property management company, and the services provided by the neighborhood committee are mainly aimed at the residents' life aspects, and they are mainly people-oriented. The services provided by the property are based on things in accordance with the agreement of the community property service contract. And the property only serves the property community that has signed the property contract.

1. The neighborhood committee guides the property management company.

Whether it is the owners' committee established by the owner or the property management company, it should be directly guided by the neighborhood committee and coordinate with it.

2. The neighborhood committee supervises the property management company.

For neighborhood committees, in addition to guiding the work of property management companies, they should also become the main body of supervising property management companies, the guarantors of the interests of property owners and the supervisors of property management enterprise services.

Generally speaking, when there is a problem in property management, the neighborhood committee needs to perform the corresponding property management duties. The neighborhood committee can directly participate in the mediation of conflicts and disputes between the owner and the property management company.

Legal basis: Property Management Regulations

Article 19. The general meeting of owners and the owners' committee shall perform their duties in accordance with the law, and shall not make decisions unrelated to property management, and shall not engage in activities unrelated to property management.

If the decision made by the owners' general meeting and the owners' committee violates laws and regulations, the district or county people's real estate administrative department or the sub-district office or township people's office shall be ordered to correct or revoke the decision within a time limit and notify all owners.

Article 20. The owners' general meeting 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 the property management 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 the residential community shall be informed to the relevant residents' committees, and the suggestions of the residents' committees shall be carefully heard. The regiment is balanced.