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Relationship between owners' committee and property.

Legal analysis

The owners' committee and the property management company are based on the contractual relationship of the property service contract, and both parties are the service provider and the serviced person. The property management company is a company hired by the community owners to manage the daily management behaviors of the community such as public security and environmental sanitation, which belongs to paid services. The owners' committee belongs to the management organization composed of owners, and is mainly responsible for the supervision and management of property companies. Property companies should conform to the policy environment, think from another angle, cooperate with and assist owners to set up owners' meetings and owners' committees, and use them as a platform for property companies to better communicate with owners. If the property company actively cooperates with the owners to set up the owners' committee from the beginning, then after the establishment of the owners' committee, the two sides can maintain good communication, which is conducive to the smooth development of property services by the property company. Owners' congress and owners' committee belong to mass autonomous organizations, and they will face various difficulties in the preparatory stage, especially financial difficulties. If the property management company can lend a helping hand at this time, it will certainly win the goodwill of the preparatory group and lay a good foundation for mutual understanding and cooperation in the future.

legal ground

People's Republic of China (PRC) Civil Code

Article 277 An owner may establish an owners' meeting and elect an owners' committee. 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.

Article 278 The following matters shall be decided by both owners: (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (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) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.