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Public interest of owners' committee
A, the owner's public * * * income generally belongs to who?
The income from the use of some properties (including the income from the previous property management period) belongs to the owner of the * * * * property.
(1) All owners.
The parking fees for parking vehicles on roads or sites in the community, the income from advertising expenses such as obtaining advertising billboards by using public areas in the community, and the income from renting public buildings in the community to all owners' management houses and mobile houses are all owned by all owners.
(2) It is owned by some owners.
Use * * * to obtain advertising fees, rental fees and residual value from some properties and facilities, which are owned by some owners. For example, when there are two or more houses in the community, the elevator advertising fee generated by one house belongs to the owner of the house.
Article 271 of the Civil Code stipulates that the owner shall have the ownership of the exclusive parts of the building, such as the business premises, and the condominium of the * * * parts other than the exclusive parts.
Article 228 of the Regulations on Property Management stipulates that the construction unit shall not dispose of the ownership or use right of the parts and facilities of the property that the owner enjoys according to law.
Article 256 of the Property Management Regulations stipulates that those who use the parts, facilities and equipment of the property to conduct business shall go through relevant procedures in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property service enterprises. The proceeds should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting.
2. What are the rights and obligations of the owners' committee?
(a) the owners' committee is the executive body of the owners' congress, and its rights are:
1. convene a meeting of the owners' congress to amend the owners' convention and the articles of association of the owners' committee;
2. Sign a property service contract with the property management enterprise selected by the owners' congress on behalf of the owners;
3, timely understand the opinions and suggestions of the owners, property users, supervise and assist the property management companies to perform the property service contract;
4. Review the annual management work plan and annual expense budget;
5. Supervise the construction and rational use of public facilities;
6. Supervise the implementation of the owners' convention;
7. Other duties assigned by the owners' meeting.
(two) the obligations of the owners' committee are:
1, report to the owners' meeting;
2. Implement the resolutions passed by the owners' meeting and accept the supervision of the owners;
3. Implement and urge owners to abide by relevant laws and policies such as property management, and assist property management enterprises to implement various management work;
4. Accept the supervision and guidance of government administrative agencies, and implement the instructions and requirements put forward by government departments for this property management;
5. The decisions made by the owners' committee shall not violate the laws, regulations and policies, the decisions of the owners' congress or the interests of the owners.
Three, the owners' committee for several years.
As an important part of the owners' autonomous organization, the owners' committee plays an important role in property management. According to the policy document issued by the Ministry of Housing and Urban-Rural Development, the term of office of the industry committee is generally not more than five years, and the specific term of office is stipulated by the owners' congress in the rules of procedure, but it can be re-elected.
Article 277 of the Civil Code of People's Republic of China (PRC): Owners may set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.
The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
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