Job Recruitment Website - Property management - How do community owners defend their rights?
How do community owners defend their rights?
First, the rights and obligations of community owners
The owner's rights are:
(1) The maintenance fund of the building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for the maintenance of elevators, water tanks and other parts.
(2) The owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
(three) the realty service enterprise or other managers shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division, and accept the supervision of the owners.
(4) If the owner's legitimate rights and interests are infringed, he may bring a lawsuit to the people's court according to law.
The obligations of the owner are:
(1) The owner shall abide by laws, regulations and management regulations.
(2) The owner shall not change the house into a business house in violation of laws, regulations and management regulations. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.
(3) matters such as cost sharing and income distribution of buildings and their ancillary facilities, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part to the total construction area.
Second, how to set up the owners' committee
The establishment process of the owners' committee is as follows:
1. It is necessary to negotiate with the residential property, and first set up a preparatory group to set up an owners' committee.
2. The owner submits a written application to the local sub-district office, and the sub-district office will reply after receiving it, knowing that the preparatory group of the owners' committee will be established. After the preparatory group is established, it will inform the company to report all the information of the owner to the sub-district office.
3. The preparatory group began to draft the owners' convention, elected the members of the owners' committee, and then went through the registration formalities with the real estate administrative department, and approved the establishment of the owners' committee.
4. Notify all owners 15 days before the owners' meeting. The meeting of the owners' congress may be held by collective discussion or soliciting opinions in writing, but the owners with voting rights above 1/2 in the property management area shall attend.
3. Is the owners' committee paid?
Owners' committees generally have no wages, which can be decided by the owners' congress and clearly stipulated in the rules of procedure of the owners' congress. The owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.
Legal objectivity:
Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities: (1) Abide by the management statute and the rules of procedure of the owners' meeting; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (five) to pay the property service fee on time; (six) other obligations stipulated by laws and regulations.
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