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Do real estate developers have the right to assign property companies to enter their own properties?
Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies.
accountability
1. The Property Management Regulations stipulate that:
The owners' committee shall implement the matters decided by the owners' congress and perform the following duties:
owners committee
(a) to convene a meeting of the owners' congress and report on 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.
2. The rules of procedure of the owners' congress stipulate that:
For example, the Rules of Procedure for Owners' Congress (Model Text) promulgated by the former Shanghai Housing and Land Resources Administration stipulates that:
In addition to performing its duties according to law, the owners' committee shall also perform the following duties:
(a) to formulate the selection scheme of the realty service enterprise;
(two) to formulate the annual financial budget and final accounts of the owners' committee and report them to the owners' congress for decision;
(three) to formulate the rules of procedure and management regulations of the owners' congress, and report to the owners' congress for decision;
(four) to formulate a plan to maintain public order and environmental sanitation in the property management area, and report it to the owners' meeting for decision;
(five) to draw up the use and income plan of some facilities and equipment in the property management area and report it to the owners' meeting for decision;
(six) to formulate the use and renewal plan of special maintenance funds, and report to the owners' meeting for decision;
(seven) to formulate plans for the renovation and reconstruction of buildings and their ancillary facilities, and report them to the owners' congress for decision;
(eight) to deal with violations of management regulations;
3. The working rules of the owners' committee stipulate that:
The owners' congress may formulate the articles of association or working rules of the owners' committee, and make more specific provisions on the responsibilities of the owners' committee. For example, the Working Rules of Owners' Committee (Model Text) promulgated by Chengdu Real Estate Administration Bureau stipulates that:
The owners' committee shall perform the following duties:
(a) to convene a meeting of the owners' congress and report on the implementation of property management;
(2) According to the opinions, suggestions and requirements of the owners, draw up plans for selecting and appointing realty service enterprises or other managers, selecting and appointing implementers and dismissing realty service enterprises or other managers, and submit them to the owners' meeting for decision;
(three) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;
(four) according to the opinions, suggestions and requirements of the owners, formulate rules and regulations for maintaining public order and environmental sanitation in the building division, and submit them to the owners' meeting for decision;
(five) according to the opinions, suggestions and requirements of the owners, formulate the use and income plan of some properties in the building division and submit it to the owners' meeting for decision;
owners committee
(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, draw up the division and adjustment plan of this building division, 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 make a comprehensive assessment of the realty service enterprise or other managers' performance of 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) regularly participate in the property management training organized by the real estate management department, and accept the guidance and supervision of the neighborhood offices, township (town) people's governments, community residents' committees and real estate management departments;
(twenty-one) failing to establish the credit information of the owners' committee according to the regulations;
(22) actively cooperate with public security 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;
(23) It is not allowed to engage in activities unrelated to property management in the building division in the name of the owners' committee, and it is not allowed to organize or participate in any business activities, and its members and their close relatives are not allowed to serve in property service enterprises and institutions that provide property services for building division;
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