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Conditions and Procedures for Establishing Owners' Committee in Kunming
I. Conditions and procedures for establishing the owners' committee
1. application
Property management community (building) meets one of the following circumstances, five or more owners may jointly submit a written application to the neighborhood office (or the town people's government, the same below) where the community (building) is located, fill in the Application Form for the Preparatory Group for the Establishment of the First Owners (Representatives) Congress, and establish the first owners' committee:
(1) The delivered construction area of the property reaches over 50%;
(2) The property has delivered a construction area of more than 30% and less than 50%, and has been used for more than one year.
2. Establish a preparatory group
After receiving the application, the street office shall make a written reply to guide the community (building) to set up the preparatory group of the owners' committee (hereinafter referred to as the preparatory group).
3, the preparatory group to carry out preparatory work.
(1) After the approval of the preparatory group, notify the construction unit or the property management company to report the list of all owners, contact address and contact telephone number to the sub-district office within 15 days; The street office shall submit the above materials to the preparatory group within 5 days after receiving the relevant materials.
(two) the preparatory group shall, within 30 days from the date of its establishment, draw up the owners' convention, the articles of association of the owners' committee and the election method of the owners' committee, and post them in a prominent position in the residential area (building) to solicit the opinions of the owners. The preparatory group will publish the publicity materials of the policies and regulations of the owners' committee in the publicity column and distribute them to the owners.
(3) The preparatory group organizes all building owners to produce owners' committee candidates through self-recommendation or recommendation.
(4) The preparatory group will post and publish the resumes of the candidates of the owners' committee, the sample voting format of the owners' committee and the agenda of the owners' meeting to the owners, and send the election method of the owners' committee to all owners in writing.
4. Convene the preparatory group for the election of members of the General Assembly.
After the above work is completed, the list of owners' candidates and their resumes, the election method of the owners' committee, the articles of association of the owners' committee and the owners' convention will be delivered to the sub-district office, and a written application for convening the owners' congress or owners' congress will be put forward. At the same time, make preparations for the meeting, including determining the venue, organizing personnel to print ballots, guessing boxes with voting equipment, notifying all voters, notifying neighborhood offices, police stations, development companies, property management companies and other relevant personnel.
The preparatory group held a meeting according to the agenda: collecting and registering votes; To review and vote on the articles of association of the owners' committee and the owners' convention; Votes are counted in public, the election results are read out, and members of the owners' committee are produced.
After the meeting, the preparatory group will announce the conference sign-in form and election results statistics.
5, apply for registration of the owners' committee
From the date of production 15 days, apply to the district, county-level city real estate administrative department for registration with the following documents.
Second, the composition of the owners' committee.
Generally speaking, the owners' committee has two ways:
1, elected by the owners or owners' meeting, and produced according to the procedures in accordance with the Civil Code, property management regulations and local relevant measures;
2. For large-scale residential quarters, the owners first elect their own industry committees according to the buildings, and then the industry committees elect representatives to form a centralized industry committee; The Committee thus formed is mainly responsible for the management of buildings; The floor committee is responsible for the management of * * * in the building.
Three, who has the right to dissolve the industry committee?
1. Only the owners' meeting or owners have the right to dissolve the community industry committee, and others have no right to dissolve it.
2. Even the street office where the property is located has the right to cancel the decision, but it has no right to dissolve.
3. Because the industry committee is elected by the community owners, the owners' meeting or the community owners must be dissolved.
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