What are the characteristics and operation modes of the owners' meeting?

(1) The owners' meeting is a democratic organization. Its members have equal status in the organization, and they can make suggestions and opinions according to their own wishes.

(2) The owners' congress is an autonomous organization. Its members are people who enjoy property ownership. They are engaged in self-service, management, self-negotiation and self-restraint. Members of the owners' congress are members of the property management area, and they are managed based on the overall interests of the maintenance industry and are not subject to illegal intervention by outsiders.

(3) The owners' congress is a representative institution. The owners' congress is representative and represents the legitimate rights and interests of all owners in industry management. The resolution made by the owners' meeting should reflect the interests of all owners, not just the interests of the main body. Even if the resolutions made by the owners' congress are not unanimously agreed, and sometimes even opposed by other owners, such resolutions represent the interests of all owners as long as they conform to the rules of procedure for the resolutions of the owners' congress. The Property Management Regulations and the Rules of Procedure for Owners' Congress (J.F. [2003] 13 1No.) formulated by the Ministry of Construction clearly define and explain the activities and responsibilities of owners' congress.

Owners' meeting operation 1. Composition of the owners' meeting

"Property Management Regulations" stipulates: "All owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. "

The owners' congress is an autonomous organization composed of all owners in the property management area, safeguarding the public interests of all owners in the property management area and exercising the autonomy of owners in property management. Whether the owners are China people or foreigners, natural persons or legal persons, they are all members of the owners' meeting. In the form of meeting system, the owners' congress concentrates the consent and interests of all owners on the basis of full democracy, exercises the right to conclude the statute of property management autonomy in this property management area, and decides the owners' life affairs and other major matters in the property management public welfare undertakings within the scope of autonomy.

Generally speaking, the owner is a member of the owners' meeting, and only the owner himself can attend the owners' meeting. However, if the owner himself is unable to attend the owners' meeting in person for some reason, he may entrust an agent to attend the owners' meeting in writing, and the agent shall exercise the right to vote as entrusted, but he is not qualified to be elected. The entrusted agent can be a relative or a friend, but it must go through legal entrustment procedures. Owners under the age of 18 shall be represented by their legal representatives. Property users can attend the owners' meeting as nonvoting delegates, but have no voting rights.

When the number of owners is large, the owners' representatives may be elected to participate in the owners' meeting. Article 16 of the Regulations on Owners' Congress formulated by the Ministry of Construction stipulates: "If there are a large number of owners in the property management area, an owner representative may be elected to attend the meeting of the owners' congress. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress three days before attending the meeting. If a vote is required, the owner's representative shall truthfully reflect the specific votes of the owners for, against and abstaining from voting at the owners' meeting. If the owner's representative is unable to attend the owners' meeting for some reason, the owner he represents may elect another owner's representative to attend. "

2. Conditions for the establishment of the owners' meeting

"Property Management Regulations" does not expressly provide for this. According to Article 10 of the Property Management Regulations: "Owners in the same property management area shall set up owners' meeting under the guidance of the real estate administrative department of the district or county people's government where the property is located, and the elected owners' committee has only one owner, or if the owners decide not to set up owners' meeting with unanimous consent of all owners, they shall perform the duties of owners' meeting and owners' committee. "

3. The form of the owners' meeting.

There are generally two forms of owners' meeting: collective discussion and written solicitation of opinions.

Usually, the owners' meeting is held in the form of collective discussion, which can fully show the views of all parties. But for some problems, there is no dispute between owners, and asking for opinions can save costs.

4. The quorum for convening the owners' meeting

No matter what form the owners' meeting takes, it can only be held with the participation of owners with voting rights above 1/2 in the property management area. The convening of the owners' meeting should meet the minimum number of people or voting rights, so as to reflect the interests of the majority as much as possible and ensure the scientific and reasonable resolutions made. The regulations stipulate the minimum voting right, that is, there should be owners with voting rights above 1/2 in the property management area.

5. The quorum for the owners' meeting to make a decision

Ordinary resolutions made by the owners' meeting shall take effect only if the voting rights of the owners present at the meeting are 1/2 or more. Decisions made by the owners' congress on particularly important matters must be approved by more than two-thirds of the voting rights held by all owners in the property management area before they can take effect.

There are two kinds of resolutions of the owners' meeting in the Property Management Regulations, namely, general decisions and special decisions, and different voting rules apply to them. For the general decision, it must be passed by 1/2 or more of the voting rights held by the owners present at the meeting, that is, the "ordinary majority consent method"; To make a special decision, it must be approved by more than two-thirds of the voting rights held by all owners in the property management area. At the same time, it should be noted that the basis for calculating voting rights in these two decisions is different. For general decision-making, it is based on the voting rights held by the owners who participate in the decision-making; For special decisions, it is based on the voting rights of all owners. This is because the resolution method agreed by the special majority means that the decision-making must be prudent for important matters involving the owners' group, and the implementation of the decision can be supported by the vast majority of owners.

The regulations stipulate special matters, mainly important matters involving the owners' group: formulating and amending the owners' convention, the rules of procedure of the owners' meeting, deciding on the selection and dismissal of property management companies, special maintenance funds and renewal plans.

6. The owners' congress is divided into regular meetings and temporary meetings.

Upon the proposal of more than 20% of the owners, or when a major accident or emergency needs to be dealt with in time, or other circumstances stipulated in the rules of procedure of the owners' meeting or the owners' convention appear, the owners' committee shall organize an interim meeting of the owners' meeting in time.

7. The owners' meeting shall be held, and the owners shall be informed before the meeting.

/kloc-when the owners' meeting is held before 0/5, all owners shall be informed, and the owners' committee will announce the meeting notice and related materials in the property management area. In addition, the relevant residents' committees should be informed at the same time.

8. The minutes of the owners' meeting shall be filed.

The meeting of the owners' congress shall be recorded in writing by the owners' committee and filed.

9. The decision of the owners' congress shall be published.

The decision of the owners' congress shall be published in written form in the property management area in a timely manner.

The first meeting of the owners' congress 1. Conditions for convening the first owners' meeting

Owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located. The conditions for holding the first owners' meeting in different regions are different. For example, in some places, if the occupancy rate of residential quarters reaches more than 50% or the first owner has lived for two years, the owners' meeting can be held. "

In other places, it is stipulated that the first owners' meeting or owners' congress can be held in a property management area under any of the following circumstances: ① the construction area of public housing sold reaches more than 30%; (two) the construction area of new commercial housing for sale has reached more than 50%; The house has been sold for two years.

2. Prepare for the first owners' meeting.

(1) Organize the preparatory group for the meeting. The preparatory group for the owners' meeting was established under the guidance of the county real estate administrative departments and sub-district offices where the property is located. It is composed of owners' representatives and construction units (including public housing sales units) and is responsible for the preparatory work for the owners' meeting. If there is a residents' committee, members of the residents' committee may also be invited to participate.

(2) Determine the time, place, form and content of the first owners' meeting.

(3) Listen to the suggestions of the owners and relevant personnel, combine the actual situation of the property management area, and refer to the model text formulated by the competent government department to draw up the draft rules of procedure of the owners' congress and the draft owners' convention and other relevant documents.

(4) Confirm the identity of the owners at the first meeting of the owners' congress and determine the number of voting rights of the owners.

(five) through consultation, determine the way and list of candidates for members of the owners' committee. Owners include commercial housing buyers, public housing buyers, and real estate development enterprises that still own real estate. Members of the owners' committee shall generally be recommended according to a certain proportion according to the actual construction area of the houses they own.

(6) Make other preparations for convening the first owners' meeting.

During the preparation of the meeting, the process of the establishment of the preparatory group and the opinions decided at each meeting should be carefully recorded.

3. Procedures for convening the first owners' meeting

The preparatory group shall, within 30 days from the date of its establishment, organize the owners to hold the first owners' meeting under the guidance of the real estate administrative department of the district or county people's government where the property is located.

(1) Members of the preparatory group introduced the preparations for the conference on behalf of the preparatory group.

(2) On behalf of the preparatory group, the members of the preparatory group for the conference introduce the candidates for the owners' committee, and the candidates themselves can also introduce themselves.

(three) to consider and pass the rules of procedure of the owners' congress and the owners' convention.

(4) Elect members of the owners' committee.

(5) Deliberating and passing particularly important matters related to property management.

When the first owners' meeting is held, the property construction unit shall also make a preliminary report on property management, and the property management enterprise shall also make a report on the acceptance of property takeover.

The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the voting rights of owners, the composition of the owners' committee and the term of office of members according to law. Among them, the owners' voting rights shall be determined according to the building area of the property owned by the owners, the number of residential units and other factors, and in accordance with the measures formulated by provinces, autonomous regions and municipalities directly under the central government. The owners' convention should stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention.

The main responsibilities of the owners' meeting

1. Elect and replace the members of the owners' committee;

2. Formulate and revise the owners' convention and the rules of procedure of the owners' congress;

3. Select and dismiss the property management company, and examine and approve the property management service contract;

4. Supervise the work of the owners' committee and property management enterprises;

5. Decide to share part of the cost of maintenance, renewal and construction in the property management area;

6. Decide on the use and renewal scheme of special maintenance funds, and supervise the implementation;

7. Decide on other major matters of property management.

Analysis of the reasons why it is difficult to establish the owners' meeting (I) Legal obstacles stipulated in the Property Management Regulations 1

Owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located.

Sub-district offices have been added to the Articles of Association of Owners' Congress to participate in the guidance work. It is stipulated that: when the owners prepare for the establishment of the owners' meeting, they should set up a preparatory group for the owners' meeting (hereinafter referred to as the preparatory group) under the guidance of the real estate administrative department of the district or county people's government and the sub-district office (township people's government) where the property is located, and be responsible for the preparations for the owners' meeting. In these regulations, it is stipulated what the owners should do, but in practice, sometimes it is difficult for the owners to get corresponding guidance. Some community owners spontaneously set up owners' meetings, which lasted for several years.

2, the cost of establishing the owners' meeting.

The previous property management regulations did not stipulate the cost of setting up the owners' meeting. There is a lot of work in the preparatory stage of the whole conference, which requires a lot of manpower and material resources to print votes and hold meetings. There is no basis for how to solve these expenses at present. It is unrealistic for the owner to raise this fee in addition to the property management fee.

3. The legal status of the owners' committee is not clear.

Article 8 of the Property Management Regulations stipulates: "All owners in the property management area form the owners' meeting. Article 15 stipulates: "The owners' committee is the executive body of the owners' congress. "This provision seems to clarify the legal status of the owners' committee in legislation, but there are many difficulties in actual operation, and there are disputes about its legal status in academic and legal circles. Some people think that the owners' committee belongs to "other organizations" stipulated in the Civil Procedure Law, while others think that the owners' committee is neither a legal person nor any other organization, and has no qualification as a litigation subject at all.

(B) before the intensification of contradictions, the owners are not active.

With the development of the real estate market and the appearance of the word "owner", the public affairs in buildings and even within the planned land area are no longer the affairs of the state, but the affairs that all owners have to pay and bear the responsibility. Since then, the motivation of "autonomy" of owners' groups has emerged, and even more volcanic eruptions have occurred in some places and communities. The "Property Management Regulations" is just an important regulation to regulate and guide this group.

Although there is a legal basis for the owners of a property management area to deal with all the owners who own property rights, in the specific implementation process, the traditional habit of a few people making decisions for the majority has been seriously brought into the process of property rights disposal, especially for things that have nothing to do with themselves, and most of our owners are indifferent. When there is a big contradiction between the owners and the property management company until the contradiction intensifies, some of our owners show unusual enthusiasm, and the direct purpose is to fire the existing property management company. As a result, the contradiction between owners and property management companies has further intensified, and even vicious incidents have occurred. To solve these problems, it is necessary to popularize legal knowledge and improve the supervision consciousness of owners.

(3) The guidance of relevant authorities is unfavorable.

For community owners, many of them are non-professionals, and most of them don't understand property management laws and regulations and relevant government regulations. I don't know how to form my own owners' meeting. They are eager for our competent departments and relevant government agencies to provide them with more guidance and help. But the facts are not satisfactory.

(four) individual property companies obstruct the establishment of the owners' meeting.

Cases and reports about property companies obstructing the owners of residential quarters under their management from setting up owners' meetings are common in the media. On May 14, 2002, Li Jianguo, director of the Temporary Owners Committee of Jiulong Garden in Chaoyang District, Beijing, was seriously injured by several mysterious people, with two big holes in his head, permanent blindness in his right eye and comminuted fracture of his left arm. On June, 2005 1 1, Li Youcheng, secretary-general of the owners' committee of Taiping Home in Changping District, Beijing, was chopped by two unidentified men at the gate of the community. At this time, it is the eve of the community owners' meeting; At about 7: 00 pm on February 15, 2006, Li Gang, the owner of Guangzhou South China New Town Community (member of the Preparatory Committee of South China New Town Owners Committee), was attacked by several gangsters at home. Li Gang was then sent to the Third Hospital of Zhongshan, where his spleen was removed and the blood transfusion reached 3000CC. Search online, and more pages will pop up. They all have a common feature, that is, most of the people who were beaten were activists in the preparatory group of the owners' meeting. Such as "New Youth? The Truth Investigation of Beijing Real Estate Violence published in Weighing lists a large number of examples, and there are countless such reports. All of them explain a problem, that is, the managers of our community do not want the owners' meeting to be set up in the community, because these managers hope that they can "manage" the community and the owners of the community forever, instead of serving the owners. They are afraid that once the owners' meeting is established, they will be fired-guilty. Therefore, we have to do everything possible to obstruct it, even at the expense of violence. Of course, violence is an individual phenomenon, but its influence is extremely bad.