How to abolish the owners' committee?

The revocation of the owners' committee shall be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

According to Article 76 of People's Republic of China (PRC) Property Law, the following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number, and decisions on other matters mentioned in the preceding paragraph shall be subject to the consent of owners whose exclusive parts account for more than one-half of the total construction area and more than one-half of the total number.

Extended data:

Case: the owner dissolved the contradiction of the industry Committee.

When the Industry Committee is about to organize an interim meeting of the owners' meeting, some owners who have been dissatisfied with the Industry Committee for a long time quit and demanded the dissolution of the Industry Committee by distributing leaflets and pulling banners to prevent them from organizing the meeting.

This is a true story that happened in a garden in Futian District at the end of last year. The contradiction between the owner and the industry Committee broke out for many days, and the contradiction was fierce for a time. With the efficient intervention of Fu Bao Street Property Dispute People's Mediation Group and Futian District Property Dispute People's Mediation Committee, the dispute was successfully resolved.

While the owners' committee of a garden in Futian District is preparing to hold an interim meeting of the owners' meeting to announce the topics, time, place, methods and voting matters, some owners protested fiercely, so the owners' committee decided to suspend the interim meeting of the owners' meeting, while some owners proposed that the Fu Bao Sub-district Office directly hold the interim meeting of the owners' meeting.

According to the law, at that time, the owners' committee of a garden in Futian District was still the legal subject to convene an interim meeting of the owners' meeting, and it was not appropriate for the sub-district office to convene the owners' meeting temporarily.

Therefore, Fu Bao Street Judicial Office organized the property dispute mediation team to hold special research meetings for many times to study and discuss the legal provisions, legal procedures, matters needing attention and emergency plans involved in convening the temporary meeting of the garden owners' meeting, and formulate mediation solutions. The street property dispute mediation team has repeatedly answered questions such as the subject of temporary meetings, meeting announcements and meeting procedures, and supervised and guided the work of a garden owners' Committee in Futian District.

In late October of 2065438+2006/kloc-0, the relevant departments in the urban area held a coordination meeting on this dispute, and put forward the following suggestions: First, the street office should choose a suitable time to inform and urge the industry Committee to continue to promote the convening of the temporary meeting of the owners' meeting. If the Industry Committee fails to organize an interim meeting of the owners' congress within the specified time, the subdistrict office shall order the Industry Committee to complete it within a time limit; If the industry committee fails to complete it within the prescribed time limit, the street office shall organize an interim meeting of the owners' congress.

These suggestions were recognized by both parties, and the industry committee quickly expressed its position, convened an interim meeting of the owners' meeting as soon as possible, and apologized to Fu Bao Sub-district Office, community workstation and property dispute mediation team for spending a lot of energy on them.

In March this year, with the efforts of Fu Bao Street Judicial Office, the property dispute mediation team and the community workstation, an interim meeting of the owners' meeting with the industry committee as the main body was held on time. The temporary meeting of the owners' congress listened to the opinions of the owners, and the industry Committee voluntarily submitted a collective resignation to the temporary meeting of the owners' congress, and all members of the industry Committee announced their resignation.

The owners' meeting will elect a new owners' committee in accordance with regulations. So far, this major dispute case, which lasted more than three months and involved more than 690 households and more than 2,000 owners, has been resolved in time. This is a typical case of successful street mediation in Fu Bao, Futian District.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Property Law

References:

Phoenix. Com- the conflict of the owner's recall of the industry Committee.