Job Recruitment Website - Property management - Do you still need a preparatory group for the general election of the owners' Committee?
Do you still need a preparatory group for the general election of the owners' Committee?
First, how to replace the owners' committee?
The change of the owners' committee shall be carried out in accordance with the relevant procedures of laws and regulations. When necessary, the relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
Article 277 of the Civil Code of People's Republic of China (PRC) stipulates that owners may set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations. The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
Second, the procedure of setting up the owners' committee.
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 will start work (if the number is small, all owners who want to participate can participate), draft the articles of association of the owners' committee, decide the establishment time and number of owners' committees, collect the list of owners who want to work in the owners' committee and the information of owners who want to participate in the election, and notify all owners and relevant neighborhood committees fifteen 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.
Fifth, when the owners' meeting is established, the preparatory group will openly check the tickets and count the receipt and feedback received when all the owners in the community have the right to participate in supervision. If the receipt exceeds the voting right held by the owner 1/2 or more, 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.
Step 7, submit the brief process of the establishment of the owners' meeting, the list of directors and members of the owners' committee, the articles of association of the owners' committee and other materials 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.
3. What are the responsibilities of the owners' committee?
(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;
(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, formulate the division and adjustment plan of this building partition, 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.
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