What does the owners' committee stand for?

Perform the duties of the owners' committee. 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.

Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee.

However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

The owners' committee implements the matters decided by the owners' meeting and performs the following duties: (1) Convening the owners' meeting and reporting the implementation of property management; (two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts; (three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract; (four) the implementation of the supervision and management system; (five) other duties entrusted by the owners' congress.

(six) according to the opinions, suggestions and requirements of the owners, formulate the use and renewal plan of the maintenance funds for buildings and their ancillary facilities, and submit it to the owners' meeting for decision; (seven) according to the owner's proposal, formulate the division and adjustment plan of this building partition, and submit it to the owners' meeting for decision; (eight) the annual service plan shall be formulated by the realty service enterprise or other managers and submitted to the owners' meeting for decision; (nine) submitted to the owners' congress to decide to terminate the membership of the owners' committee and add the members of the owners' committee; (ten) supervise the realty service enterprise or other managers to perform the realty service contract, and conduct a comprehensive assessment of the realty service enterprise or other managers' performance of realty service in accordance with the realty service contract every six months.

(eleven) to supervise the implementation of management regulations and deal with violations of management regulations; (twelve) to urge the owners who violate the property service contract and fail to pay the property service fee within the time limit; (thirteen) to urge the owners who have not paid the maintenance funds of buildings and their ancillary facilities in accordance with the management agreement to pay the maintenance funds of buildings and their ancillary facilities within a time limit.

(fourteen) properly keep the relevant files, meeting minutes, seals and other property belonging to the owners' meeting; (fifteen) timely understand the opinions and suggestions of the owners and users, form a plan, and submit it to the owners' meeting for decision; (sixteen) to coordinate the relationship between owners, owners and property service enterprises or other managers, and to mediate property management disputes between owners and owners, owners and property service enterprises or other managers; (seventeen) to strengthen the study and publicity of property management policies and regulations, and constantly improve the awareness and ability of owners to manage independently; (eighteen) to establish the reception system of the owners' committee, accept the consultation, complaint and supervision of the owners and users, and regularly inform all the owners of the work in the form of announcements; (nineteen) faithfully perform their duties according to law and implement the decisions of the owners' meeting; (twenty) the owners' committee regularly participates in the property management training organized by the property management department, and accepts the guidance and supervision of the neighborhood offices, township (town) people's governments, community residents' committees and property management departments; (twenty-one) failing to establish the credit information of the owners' committee according to the regulations; (22) actively cooperate with organs, sub-district offices, township (town) people's governments and community residents' committees to do a good job in family planning, floating population, dog management and other related work; (twenty-three) shall not engage in activities unrelated to property management in the name of the owners' committee, and shall not organize or participate in any business activities. Its members and their close relatives shall not serve in the property service enterprises and institutions that serve the property within the building division.

Historical position In 2003, the "Property Management Regulations" first proposed the "owners' meeting"

This concept, like the name of the owners' committee, determines the legal status of the executive body of the owners' congress.

In 2007, the Property Law established the legal status of owners' organizations-owners' congress and owners' committee from the legislative level.

Although the Property Management Ordinance was revised in 2007 and the Property Management Committee, as the executive body of the owners' congress, was abolished, the content and effectiveness of its decision were also influenced by Article 76 of the Property Law.

Standardize the "owners' committee" as "the owners' committee implements the decisions of the owners' congress". Article 11 The owners' committee is the executive body of the owners' congress. When the owners' congress is not in session, it occupies, uses and disposes of the public property of the community on behalf of all owners within the scope of authority stipulated in the articles of association of the owners' committee, and collects the proceeds from the public property.

Article 12 The number of members of the owners' committee is, consisting of the chairman and members of the owners' committee; The chairman of the owners' committee is the legal representative of the owners' committee.

Thirteenth candidates for members of the owners' committee shall be recommended by the owners.

Article 14 The term of office of the owners' committee is three years; After the expiration of three years, you can be re-elected.

Article 15 Procedures for selecting candidates for members of the owners' committee: 1. Owners representing 10% or more of voting rights have the right to recommend 1 candidates; For every increase of 10% in the voting rights of deputies, 1 candidate can be added; 2. Members of the owners' committee are candidates for the next owners' committee; 3. If the owners' meeting elects the owners' committee for the first time, the candidates recommended by the owners who represent 10% or more of the voting rights shall apply to the construction unit for candidate registration with the recommendation letter jointly recommended by the owners who represent 10% or more of the voting rights, the written documents proving that they own 10% or more of the voting rights, my resume and contact information two days before the owners' meeting; Candidates recommended by owners who represent more than 65,438+00% of the voting rights in the general election of the owners' committee shall apply to the owners' committee for candidate registration with the aforementioned documents two days before the convening of the owners' meeting.

If the candidate applies for registration within the time limit, the construction unit or the owners' committee has the right to refuse registration.

If the construction unit or the owners' committee accepts the application for registration of candidates, it shall issue a registration certificate to the applicant.

Owners' Committee Article 16 Election procedure of members of owners' committee: 1. The construction unit or the owners' committee shall deliver the votes to all owners before election day 15.

2. Voting is based on the owner, and one owner has one vote; Property rights are owned by * * * people, and * * * people have the right to vote.

3. The construction unit or the owners' committee shall arrange for each candidate to give a campaign speech to the owners' congress for no more than 5 minutes in accordance with the time sequence of each candidate's application for candidate registration.

4. After each candidate finishes his campaign speech, the construction unit or the owners' committee shall promptly submit it to the owners' meeting to vote on the candidates.

5. If the owners' meeting cannot be held for some reason, the construction unit shall issue an announcement on accepting the application for registration of candidates and the time limit for applying for registration of candidates before election day 15; The owners' committee shall, before the expiration of its term of office 15, issue an announcement on accepting the application for registration of candidates and the time limit for the application for registration of candidates.

(When the candidate registration period expires, the construction unit or the owners' committee shall deliver the names, resumes, contact information, election date of the owners' committee and votes of all the candidates who meet the registration conditions to all the owners of the community by announcement or other means.

6. The candidate with the highest number of votes was elected as a member of the owners' committee.

7. The construction unit or the owners' committee shall entrust a notarization institution to notarize the following matters: (1) the certificate held by the applicant when registering as a candidate.

(two) the list of applicants who applied for candidate registration before the expiration of the registration period.

(3) The number of votes delivered before the time limit stipulated in this Convention.

(4) the number of votes recovered on election day.

(five) the list of candidates who have won the affirmative vote.

Seventeenth owners' committee shall be established from the date of election; The elected owners' committee shall apply to the relevant government departments for filing and registration according to law.

Article 18 The chairman of the owners' committee shall exercise the following functions and powers: 1. Convene and preside over the meeting of the owners' committee. Implement the resolutions of the owners' committee. Sign the management system formulated by the owners' committee Article 19 Rules of procedure of the owners' committee: (1) All members shall attend the meetings of the owners' committee; The resolution made by the owners' committee shall be adopted by more than half of the owners' committee; If members of the owners' committee cannot attend the meeting as nonvoting delegates, they may entrust other members to attend and vote on their behalf.

(2) Minutes of decisions made by the owners' committee on matters discussed at the meeting shall be signed by the members present at the meeting and the recorder.

(3) The owners' committee is responsible for the resolutions of the owners' committee; If the resolutions of the owners' committee violate laws, regulations and rules, or exceed the powers conferred by this Convention and the articles of association of the owners' committee, causing property losses to the owners' committee, the members present at the meeting shall be liable for compensation, but if they have expressed their objections at the time of voting and recorded them in the minutes of the meeting, the members may be exempted from liability.

Twentieth owners' committee shall not borrow money from anyone or guarantee for anyone; Shall not engage in any investment activities.

Legal Dilemma For a long time, there have been some problems in the practice of property management in China, such as unclear legal status, unclear responsibilities and irregular operation. As a result, property management companies are in a strong position in the legal relationship of property management, and the legitimate interests of owners are often damaged in the process of property management. This situation has become an important factor hindering the development of China's property management to a higher level.

Therefore, how to make the owners' committee get out of this legal dilemma and better play its due role in owners' autonomy has become a subject that we must face and solve.

Dilemma 1: The legal status of the owners' committee is unclear. According to China's laws, the owners' committee can participate in three types of civil activities: natural persons, legal persons and other organizations, and the state. To become a civil subject, a social organization must have the status of a legal person or be subordinate to other organizations, otherwise its behavior cannot be recognized and protected by law.

The so-called legal person refers to an organization that has the capacity for rights and conduct, enjoys civil rights and undertakes civil obligations independently according to law.

A legal person must meet the following four conditions: (1) It is legally established; (2) Having necessary property or funds; (3) Having its own name, organization and place; (4) Be able to bear civil liability independently.

Other organizations become unincorporated organizations, which refer to organizations that do not have legal personality, but can conduct civil activities in their own names.

China's General Principles of Civil Law has no provisions on other organizations, but Article 49 of the Civil Procedure Law stipulates: "Citizens, legal persons and other organizations may be parties to civil litigation.

The Supreme People's Court's Opinions on the Application of Several Issues further clarifies other organizations, among which Article 40 stipulates: "Other organizations as stipulated in Article 49 of the Civil Procedure Law refer to organizations established according to law, which have certain organizational structure and property, but do not have legal personality.

"It can be seen that other organizations are one of the civil subjects recognized and protected by China's laws, mainly including partnership enterprises, individual industrial and commercial households, rural contracted households, sole proprietorship enterprises, branches of enterprise legal persons and other business entities and non-profit organizations that do not have legal personality.

The difference between legal persons and other organizations is mainly manifested in whether they can bear civil liability independently, and legal persons can bear civil liability independently and be strictly separated from members' responsibilities. For example, the responsibilities of the company and shareholders are independent of each other; Other organizations cannot bear civil liability independently. Although their responsibilities are separated from those of their members to a certain extent, members must bear the ultimate responsibility. For example, if the partnership enterprise is beyond the scope of the partnership property, the partners shall bear unlimited joint liability.

According to China's "Property Management Regulations" (hereinafter referred to as the "Regulations") on the owners' meeting and owners' committee, the owners' meeting is an organization composed of all owners who represent and safeguard their legitimate rights and interests in property management activities, and performs the following six duties: (1) Formulating and amending the owners' convention and the rules of procedure of the owners' meeting; (two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee; (3) Selecting and dismissing the property management company; (four) to decide on the use and renewal plan of special maintenance funds, and supervise the implementation; (five) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area; (six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Article 15 of the Regulations stipulates that the owners' committee is the executive body of the owners' congress and performs the following five duties: (1) Convene the owners' congress and report on the implementation of property management; (two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract; (three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract; (4) Supervise the implementation of the owners' convention; (five) other duties entrusted by the owners' congress.

After comparison, we can draw the following conclusions: First, the owners' congress has the right to formulate internal rules such as the owners' convention, is qualified to carry out civil activities such as "selecting and dismissing property management enterprises" and "deciding on the use and renewal of special maintenance funds", and can also exercise property rights on public venues, facilities and equipment on behalf of all owners; Second, the owners' committee is only the permanent executive body of the owners' congress, which is responsible for handling the daily affairs of the owners' congress according to the authorization of the owners' congress. It can sign a contract with a property management company according to the decision of the owners' meeting, and it has no independent meaning. Third, although the owners' committee was established according to law, there are no laws and regulations requiring the owners' committee to obtain legal person status after registration, so the owners' committee is not a legal person.

Fourthly, although people generally regard the owners' committee as other organizations in the practice of property management, from the analysis of legal responsibility, it is impossible for the members of the owners' committee or the owners to bear the ultimate responsibility for the behavior of the owners' committee, so the owners' committee does not belong to other organizations.

The author thinks that the relationship between the owners' committee and the owners' meeting is similar to that between the board of directors and the shareholders' meeting. The owners' committee is only an internal organization of the owners' congress, not a legal person or other organization.

In other words, according to the law, the owners' committee does not have any legal subject qualification at present.

Dilemma 2: The operating procedures of the owners' committee need to be standardized. Although "Regulations" and "Rules of Procedure for Owners' Congress" clearly stipulate that "the owners' committee is the executive body of the owners' congress", there are no specific provisions on the convening conditions, organizational guarantee, supervision and legal responsibilities of the owners' committee.

The "Regulations" stipulate that "the owners in the same property management area shall set up the 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 select and convene the owners' committee", but the conditions for convening the owners' meeting (delivery time of the property, occupancy ratio, etc.) are not clear. ).

The Regulations of the Ministry of Construction on Owners' Congress stipulates that "when the owners prepare for the establishment of the owners' congress, they shall form a preparatory group for the owners' congress by the owners' representatives and the construction units (including public housing units) under the guidance of the real estate administrative departments of the district and county people's governments where the property is located and the sub-district offices (township people's governments), and be responsible for the preparations for the owners' congress.

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

"That is to say, if the construction unit does not participate in the preparatory group of the owners' meeting, the owners' meeting cannot be established and the owners' committee cannot be formed.

However, in real life, many people are reluctant to set up the owners' meeting for the sake of interests (such as construction quality problems and fear of losing their position in property management). ), so it is impossible to successfully set up the owners' committee.

Owners' Convention The main contents of the owners' convention are: (1) Except for the first owners' meeting, the time, place, convener and host of the subsequent owners' meeting; (2) the authority of the owners' congress; (three) the way of submission and voting of the motion of the owners' meeting; (four) the conditions and methods for the selection of candidates for the owners' committee; (five) the number of members of the owners' committee and the election method; (six) the treatment and term of office of members of the owners' committee; (seven) the procedure for the recall of members of the owners' committee; (eight) the rights and obligations of the owners; (nine) the conditions for the entry into force of the owners' convention; (10) Conditions and procedures for amending the owners' convention.