Owners Committee of Property Law (1): Is it qualified as a legal subject?

The owners' committee is qualified as the subject of civil litigation.

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, with independent legal personality.

Notes on the establishment of owners' assembly and owners' committee in Article 75 of Property Law;

"The owners' congress is the autonomous organization of the owners and the management organization of the buildings and their ancillary facilities in the building area. You can exercise * * * rights and * * * management rights on behalf of the owners, restrict the owners in residential areas from exercising the ownership of exclusive parts, and safeguard the legitimate rights and interests of all owners in the building area. "

Extended data

The Property Management Regulations stipulate that:

The owners' committee shall implement the matters decided by the owners' congress and perform the following duties:

(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.

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 draw up the hiring plan of the realty service enterprise, and report it to the owners' meeting for decision;

(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;

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