Can the owners' committee set up a property company?

According to the provisions of China's property law, the owners' committee has the right to manage buildings and their ancillary facilities by itself, so the owners' committee can set up a property company, but it needs to comply with the provisions of the company law. Property service enterprises or other managers shall, according to the entrustment of the owners, agree on the management of buildings and their ancillary facilities within the building division, accept the supervision of the owners, and promptly answer the owners' inquiries about property services.

Second, what rights does the owners' committee have?

1, convene and preside over the owners' meeting;

2. Implement the resolutions of the owners' meeting;

3. Propose suggestions or other proposals to the owners' congress to amend the convention of the owners' congress and the articles of association of the owners' committee;

4. Possession, use and disposal of public property, and collection of public property income;

5. Possession, use and disposal of public maintenance funds, and collection of public maintenance fund income.

Second, whether the old property contract is valid after the establishment of the industry Committee.

1. After the establishment of the industry committee, the old property contract that has not been resolved to replace the property continues to be valid, and the old property contract that has been re-signed is invalid. The establishment of the industry committee shall be made by more than five owners to submit a written application for the preparation of the owners' meeting, and the neighborhood committee shall submit it to the preparatory group. The preparatory group organizes the owners to recommend themselves and produce candidates for the owners' committee, holds meetings, records the votes, deliberates the voting regulations and management regulations, counts the votes and announces the results.

2. The owners in the same property management area shall set up 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 or the subdistrict office or the township people's government.

3. However, if there is only one owner, or 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.

Legal basis: Article 284 of the Civil Law of People's Republic of China (PRC), 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.