Several problems about property

Parking fee refers to the site maintenance fee for parking spaces, the repair fee for repairing parking locks, the wages of workers, etc. Not the maintenance and greening of houses. The explanation of property is inaccurate.

How to set up the owners' committee?

Teach you to set up a community owners' committee.

Written in the front: This paper teaches you how to set up an owners' committee from several aspects, such as interpreting the regulations of relevant government departments on setting up an owners' committee, introducing the steps of setting up an owners' committee, and the strategies that should be paid attention to in setting up an owners' committee, and providing several relevant documents written by the author for the reference of owners who want to set up an owners' committee. Because this paper is long, the author can't think of a newspaper that can be published in full, so he posted it on the Internet. Print media are welcome to reprint according to the standards mastered by their newspapers, and netizens who are concerned about the establishment of the owners' meeting are also welcome.

Teach you how to set up an owners' committee.

Many owners complain that it is difficult to set up an owners' committee. Some government workers violate the law, and some owners have not mastered the method of setting up owners' committees. Now the new "Property Management Regulations" has been promulgated, paving the way for the establishment of the owners' committee. As long as the owners learn how to use this legal weapon and master the correct method, it is not difficult for the owners to set up the owners' committee after September 1.

Don't give weapons to each other.

The establishment of the owners' committee is the same as the establishment of the company. First of all, we should understand the procedural requirements of the government for the establishment of the owners' Committee and the rights granted to the owners by law, and comment on whether the laws and government regulations are reasonable and legal. It is not what our owners should do when they set up the owners' committee. Denying laws and government regulations, or putting a curse on yourself, or complicating or fantasizing about setting up the owners' committee by yourself, is not only useless, but also tantamount to surrendering, or even handing over your weapons to the other party.

Five interpretations of the provisions on the establishment of owners' committees

There are five aspects of the Property Management Regulations, which came into effect in September this year. Now the author interprets them one by one:

First, the establishment of the owners' meeting

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

Interpretation: The owners' meeting is established by the owners themselves, but it should be guided by the real estate administrative department of the district or county people's government where the property is located. Specifically, in Beijing, it should be guided by the district and county residential district management office at present.

Guidance is not the same as leadership. If the owners require the establishment of the owners' meeting, they shall inform the district and county community offices and ask them to send someone to guide them. If they don't give guidance, it is the inaction of the district/county community office, which will not affect the owners to set up their own owners' meeting.

For the working time limit of district and county community offices in Beijing, please refer to the provisions in document [2006 54 38+0]5 16 of Beijing Municipal Bureau of Land and Housing: "If the owner (representative) who owns more than 10% of the property rights applies in writing to set up the management committee by himself, each community office shall make a decision on whether it meets the requirements within 15 days after receiving the written application.

Whether a property community meets the conditions for the establishment of owners' assembly and owners' committee, Beijing can refer to the following two provisions:

Beijing Zhengban [20065438+0] No.91stipulates: "If the occupancy rate of commercial housing and affordable housing exceeds 50%, or the first household has lived in a newly-built residential area for two years, an owners' committee shall be established; 1If the sales rate of housing reform exceeds 50% in the old community put into use before the end of 994, an owners' committee shall be established. "

Beijing Municipal Bureau of Land and Housing Management [2002] No.316 stipulates: "When the management committee is established, all the residential quarters that have been put into use meet the requirements of the management committee of the Notice on Several Opinions on Standardizing and Strengthening Property Management in this Municipality (No.9/KLOC [2006]). For the part of the residential area that has not yet been occupied and put into use, the management Committee shall reserve the share of property owners and the seats of management Committee members for the owners who have not stayed in the area. "

2. Division of property management areas

Provisions: A property management area shall set up an owners' meeting. The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Interpretation: To set up the owners' meeting, the owners must first determine their own property management areas. In Beijing, you can refer to document 1998308: "In principle, the division of property management areas is based on the condition that supporting facilities and infrastructure are relatively concentrated and can be used independently, but the total construction area of houses in one area is controlled below 200,000 square meters."

Three. Establishment of voting right of owners' meeting

Regulation: The voting right of the owner at the first meeting of the owners' congress is determined according to the building area of the property owned by the owner, the number of residential units and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

The rules of procedure of the owners' congress shall stipulate the way of discussion, voting procedures, the method of determining the voting rights of owners, the composition of the owners' committee and the term of office of members.

Interpretation: The voting rights of the first owners' meeting shall be formulated by the local government, and the voting rights of subsequent owners' meetings shall be agreed by the owners' meeting.

For the voting rights of the first Beijing Owners' Congress, see document J.F.Zi. 1997: "Owners vote for each unit of residential houses; One vote for non-residential houses every 3,000 square meters, and one vote for each title certificate of less than 3,000 square meters. " Hejing Guotufufu [2002] No.316: "In the recognized property management area, if the original development and construction unit owned more than 20% of all residential properties before the house was sold, when the owners (representatives) meeting is held, their voting rights and actual voting amount will be calculated as 20%, and the excess will not be calculated." Determine the terms of.

IV. Requirements and voting methods of the owners' meeting

Terms:

1. Notify all owners 15 days before the meeting.

2. The meeting of the owners' congress can be in the form of collective discussion or written comments; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

3. The owner may entrust an agent to attend the meeting of the owners' congress.

4. The decision made by the owners' meeting must be approved by the voting rights of the owners 1/2 or more present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.

6. The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

Interpretation: The owners' meeting should be notified to all owners more than 15 days in advance, and inform the relevant neighborhood committees that the owners' meeting does not have to be held in the form of a meeting. The general decision made by the owners' meeting must be approved by all owners 1/4 or more in the property management area. The owners' congress makes decisions, formulates and modifies the owners' convention and the rules of procedure of the owners' congress, selects and dismisses property management enterprises, uses special maintenance funds and continues to raise funds. The regulations do not stipulate that the establishment of the owners' meeting must be passed by more than two-thirds of the voting rights held by all owners in the property management area, nor does it stipulate that the resolution must be passed in favor. Therefore, it is not particularly difficult to set up owners' meetings and elect owners' committees.

At present, owners in Beijing can refer to the provisions of document 1998. 1998308, and announced the election of the first owners' committee. If the election is conducted by announcement, it shall be implemented in accordance with the following provisions: 1. The preparatory group shall announce the articles of association of the management committee, the candidates for members of the management committee and the election method in a prominent position in advertising columns and public places, and deliver the above materials to all owners in writing; 2. If the preparatory group fails to receive more than 50% of the total votes within the time specified in the election method, the owners' committee may be set up in the district/county community office for the record.

Verb (abbreviation of verb) The owners' committee submits documents.

Provisions: The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located.

Interpretation: The establishment of the owners' committee need not be approved by the real estate administrative department of the district or county people's government, but can be filed with the district or county community office within 30 days after its establishment. The biggest difference between the filing system and the examination and approval system lies in the establishment of the owners' committee under the filing system. As long as the establishment procedures do not violate legal restrictions, the owners are responsible for the establishment of the owners' committee. The establishment of the owners' committee under the examination and approval system shall meet the requirements of the real estate administrative departments of the district and county people's governments, and the real estate administrative departments of the district and county people's governments shall bear administrative responsibilities for the establishment of the owners' committee.

At present, there is no requirement for filing in Beijing, but some past regulations can be used for reference:

(1) For details of the composition of the owners' committee, please refer to the document No.91of Beijing Zhengban. "According to the scale of the property management area, the owners' committee is generally composed of five to fifteen members. The director of "He 1997 No.485" management committee must be the owner or the owner's representative. The provisions of the ".

(2) Please refer to the requirements in document 1 for the filing materials submitted to the community office. 1998308: "1. The official name of the management committee; 2. Property management area; 3. Housing property rights; 4. Office space of the CMC; 5. The brief process of the election of the management committee shall include the method of selecting the representatives of the owners and users, the method of counting votes, the election procedure, etc. "

(3) The time for the establishment and filing of the owners' committee of the district/county community office shall not exceed 1997 485 as stipulated in the reference document, and shall not exceed 10 as of the date of submission of materials.

Eight steps to set up owners' committee.

After understanding the relevant provisions of the establishment of the owners' Committee, we must follow the provisions to carry out specific operations.

In the first step, the owners who want to set up the owners' committee should first establish contact with each other, then contact more than one tenth of the owners in the community to sign, initiate the initiative of setting up the owners' meeting, and send a letter to invite the district and county community offices to guide their communities to set up the owners' meeting.

The second step is to set up a preparatory group for the owners' meeting. The members of the preparatory group can be recommended by the owners themselves or by the owners. The best way is for the initial sponsors to post a notice asking the owners to voluntarily sign up for the preparatory work within a certain period of time.

Step 3: The preparatory group starts to work (if the number is small, all owners who want to participate can participate), drafts the articles of association of the owners' committee, decides the establishment time and the number of owners' committees, collects the list of owners who are willing to work for the owners' committee and the information of participating owners, and informs all owners and relevant neighborhood committees 15 days before the establishment of the owners' committee. Representatives of district and county community offices and relevant neighborhood committees may be invited to attend the meeting.

Step 4: Send the draft articles of association of the owners' committee, all the information of the owners who are participating in the owners' committee, the ballot (preferably by counting the objections), the time for soliciting feedback and the time for setting up the owners' meeting (the deadline for collecting feedback should be earlier than the time for setting up the owners' meeting) to each owner in writing, and ask all owners who receive the above information to sign and receive the receipt.

Step 5: After the owners' meeting is established, the preparatory group will openly check the tickets and count the receipt and feedback under the condition that all owners in the community have the right to participate in the supervision. If the voting rights held by the owners are more than 1/2, and the feedback is insufficient 1/2, the owners' meeting will be established and the articles of association of the owners' committee will be adopted. Within the scope of the number of members of the owners' committee, the owners who get less negative votes can serve as members of the owners' committee.

Step 6, the owners' committee holds its first meeting, and the chairman and deputy directors of the owners' committee are elected, so that they can start their work.

Seventh, submit the brief process of the establishment of the owners' meeting, the list of directors and members of the owners' committee and the articles of association of the owners' committee to the district and county community office for the record, and ask the recipient to sign for it, indicating the time of receiving the documents.

Step 8: If you still haven't received the filing opinions from the district and county community offices after ten days of filing, you can ask them to issue them as soon as possible.

Strategies to be paid attention to in establishing owners' Committee

1. Don't talk about safeguarding rights all day.

You don't have to keep talking about safeguarding rights. If you keep shouting for rights protection, you will make enemies for yourself before you do it. Some owners don't like to study the method of setting up owners' committees, but they like to say that there is collusion between government and business, which virtually creates another obstacle to setting up owners' committees.

In fact, corrupt officials who really collude with officials and businessmen value their jobs more. Without their jobs, there would be less collusion between officials and businessmen, and there would be no collusion.

Therefore, the author suggests that if owners want to set up owners' committees, they should publicize and improve the quality of property management and do a good job in community construction. Now many property companies understand that the establishment of the owners' committee cannot be stopped, and sooner or later, it is up to the owners' committee to give them work. They don't want to oppose the owners. Therefore, when the owners set up the owners' committee, they should find ways to dispel the concerns of the property company, let the property company see the hope of cooperation with the owners' committee in the future, and clear the obstacles of the property company. It is equivalent to clearing the obstacles of real estate developers. At this time, even if the collusion between government and business has no influence on the establishment of the owners' Committee, the property company will provide the materials and expenses required for the establishment of the owners' Committee.

Owners should also learn "collusion" between the government and the people. More "officials" want to do something, even if it is only for their own career. Therefore, owners should always publicize the stability that the establishment of the owners' committee can bring to the community, so that "officials" can see the achievements that the establishment of the owners' committee can bring to him, not "trouble".

Taking safeguarding rights as the slogan can stimulate the participation of owners, but once there are signs of trouble, the preliminary work will be abandoned halfway. The tradition of preserving our sanity makes most homeowners pay more attention to their own safety. Only by talking less about safeguarding rights can owners dare to participate in the establishment of the owners' Committee for a long time.

2. Be able to mobilize the masses and have dedication.

It is best not to raise funds in advance when setting up the owners' committee, which may scare away other owners.

If the backbone members of the owners' committee are not supported by the property management company, then make some sacrifices first. They not only spend time, but also pay some expenses out of their own pockets. Of course, if they can find ways to use some social resources, they should keep their own accounts and keep their own invoices. After the establishment of the owners' committee, sooner or later, a property management company will take the initiative to reimburse you.

It is not easy to send the documents for the establishment of the owners' meeting to every household. If you have the ability to mobilize the doorman of the property management company or those uncles and aunts who do morning exercises to help you, you will be blessed.

3. "Rebecca is easy to see, but children are difficult."

China people are afraid of being an official, and even more afraid of being labeled as a hot face and a cold ass. In fact, this traditional concept should be changed. If the owner fails to pay income tax, at least he has paid stamp duty and deed tax. Government workers are public servants of the people and depend on the taxes paid by the people to support them. What are they afraid of? Kick your ass hard when you meet a cold ass again.

The owner reported that the delivery note was rejected by the community office staff. The next time this happens, you tell him, "If you don't sign, I'll ask your director to sign." If he really doesn't sign it, you really should ask their director to sign it, so as to ensure that the documents you send will be signed in the end.

Some owners have reported that some district offices require that a lot of materials about residential properties should be submitted before the owners' committee is established. In this case, even if the property company in your community refuses to provide them with it, you don't have to worry. You can ask the District Office to write down the requirements for you, and then take the requirements written by the District Office to knock at the relevant offices of the Municipal Real Estate Bureau to exercise your right to know. If there is no result, you will not leave, forcing these offices of the Municipal Real Estate Bureau to ask the staff of the director's forbidden district office for materials blindly.

There is no basis for the community office not to record the establishment of the owners' Committee. If there is no written reply, just pretend that they didn't say anything, and you will carry out the work of the owners' meeting and the owners' Committee as usual. If there is a written reply, see if it is reasonable. If you violate the administration, go directly to the municipal community office, and the municipal community office will not solve it. Go directly to the reception day of the director of the Municipal Housing Management Bureau. If there are really ten community owners sitting in the director's office every month, those who violate the administration will take the initiative to come to you. Remember that every time you look up, there must be written materials for the leader to "reply". If you just talk about it, some people may be "forgetful" and may say it for nothing.

Attachment: Reference to relevant documents for the establishment of the owners' committee.

1. ballot design

The following is the rewriting of the votes used by the author according to the design of the community, for reference only:

Dear Owner: Hello!

Now, the list of candidates and materials of XX community owners' committee will be sent to you. If you object to any of them becoming members of the owners' committee, please put an X after their names. You can also put your candidate into the ballot box in XX community before. According to Article 10 of the draft articles of association of the owners' committee of XX residential area, if you don't vote against it, it will be deemed that you approve of these candidates being elected as members of the owners' committee. Please cherish your rights and support our work!

thank you

_ _ _ _ Preparatory Group for Owners' Meeting of Residential Quarters

_ _ _ _ _ _ _ _ _ _ _ _ _

List of candidates for members of the owners' committee

(full name)

Ownership unit

(full name)

Ownership unit

I propose that Mr./Ms. in the building room become a member of the management Committee.

The concierge of building _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature:

_ _ _ _ _ _ _ _ _ _ _ _ _

Note: If you own more than one house, please indicate all room numbers on the ballot paper. Ballot papers without room number or signature will be considered invalid.

2. Receipt design

The following is the rewriting of the receipt used by the author according to the design of the community, for reference only:

receipt

On behalf of the property owners, I/I received the draft articles of association of the owners' committee, the information of the owners who participated in the owners' committee, the voting votes and the notice of the establishment of the owners' committee from the preparatory group of the owners' meeting.

Room _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature:

_ _ _ _ _ _ _ _ _ _ _ _ _

3. Articles of association of the owners' committee

Articles of Association of the Owners' Committee The Beijing Municipal Bureau of Premises has a model text of the articles of association of the Management Committee for reference.

In order to make it feasible for the owners' meeting to elect the owners' committee, the author suggests that when drafting the articles of association of the owners' committee in this community, the owners' committee should be elected by collecting negative votes. If the owners fail to vote negative within the specified time, it is deemed that they are in favor of the candidate being elected as a member of the owners' committee.

4. Apply for filing

The following is the rewriting of the application letter written by the author for the approval of the owners' committee of his own community according to 1998, for reference only:

Beijing _ _ _ _ District (County) Residential District Management Office:

_ _ _ _ * * has a _ _ _ _ apartment. According to the requirements of the _ _ _ house owners, the _ _ _ owners' meeting was established on the basis of the owners' willingness, and the preparatory work group was officially launched on _ _ _ _ _ _.

On a certain day in _ _ _ _ _ _ _ _ _ _ _

On a certain day in _ _ _ _ _ _ _ _

The establishment of the _ _ _ community owners' committee was guided by the district (county) community office, and all procedures were in line with the "Regulations on Property Management" of the State Council.

The owners' committee of residential quarters is composed of X members, elected by the first meeting of the owners' committee, with 1 director and _ _ deputy director.

According to the Regulations of the State Council Municipality on Property Management, it is hereby put on record.

_ _ _ _ Community Owners Committee

_ _ _ _ _ _ _ _ _ _ _ _ _

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