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Introduction to the rules of procedure of the owners' congress and its related contents
property owners'conference
Chapter I General Provisions
Article 1 In order to safeguard the legitimate rights and interests of all owners of this property community and standardize the proceedings of the owners' assembly and the owners' committee, the rules of procedure of the owners' assembly of this property community are formulated in accordance with the Property Law, the Regulations on Property Management, the Rules of Procedure of the Owners' Assembly and other relevant provisions.
Article 2 The owners' congress is a deliberative body composed of all owners of the property community, which conducts management and decision-making according to law. The owners' committee is the executive body of the owners' congress.
Article 3 These rules of procedure are adopted by the owners' meeting and are binding on all owners.
Article 4 These rules of procedure were adopted by the owners' meeting on, and the owners' meeting was established as of the date of convening the owners' meeting.
Chapter II Procedures for Convening Owners' General Meeting
Article 5 make an announcement. 15 before the owners' meeting is held, the owners' committee or convener shall announce the contents of the meeting to the owners in the property community in writing. The owners' meeting of the property community shall also inform the township (town) people's government, the subdistrict office and the county (city) and district housing management bureau.
Article 6 solicit opinions. The owners' committee or convener shall issue a consultation form, and consult the owners' opinions in writing in the property community on the matters discussed at the owners' meeting. The owner himself or the entrusted agent (with power of attorney) fills in the consultation form and signs it.
Article 7 Statistical opinions on recycling. The owners' committee or convener can collect the opinions of the owners in the property community by setting up a ballot box, visiting at home or sending a registered letter, and invite the streets and neighborhood committees for guidance and supervision, or ask the notary office for notarization. The owners' committee or convener may distribute and recycle the consultation form step by step.
Article 8 Notify the General Assembly of its decision. The meeting of the owners' congress shall be recorded and filed in writing by the owners' committee or the convener. The owners' committee or convener must inform the owners' congress of the time for deliberation and decision on the bulletin board, inform the negotiation results, and accept the inquiry and supervision of the owners of the property community. The owners' committee or convener will announce the decision of the owners' congress in writing within 3 days after the meeting, and send relevant materials to the township (town) people's government, sub-district offices and county (city) and district housing management bureau for the record.
Chapter III Contents of Proceedings
Article 9 Contents of the owners' meeting:
(a) to formulate and amend the rules of procedure and management regulations of the owners' congress;
(two) to formulate regulations for the maintenance of public order and environmental sanitation in the property community;
(three) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;
(4) Deciding on the mode of realty service, and selecting, renewing and dismissing realty service enterprises or other realty service providers;
(five) to decide on the use and renewal plan of special maintenance funds;
(six) to listen to and consider the work report of the owners' committee;
(seven) to examine and approve the annual financial budget and final accounts of the owners' committee and decide on the remuneration of the members of the owners' committee;
(eight) to formulate the management plan for the use of property parts and facilities in the property community;
(nine) to change or cancel the inappropriate decisions of the owners' committee;
(ten) to decide on other major issues in the property community.
Article 10 The discussion content of the owners' committee:
(a) to organize the owners' meeting and report to the owners' meeting;
(II) Do a good job in the relevant preparations for the selection, renewal and dismissal of the realty service enterprise by the owners' meeting, and sign and terminate the realty service contract with the realty service enterprise on behalf of the owners according to the decisions and authorization of the owners' meeting;
(three) to organize the general election of the owners' committee, and to organize the revision of the management statute and the rules of procedure of the owners' congress;
(four) to urge the owners and property users to abide by the management regulations and pay the property service fees in full and on time;
(five) to understand the opinions and suggestions of the owners and property users in a timely manner, supervise the property service enterprises to perform the property service contract, and coordinate and deal with the relevant problems in the property service;
(six) put forward the maintenance fund renewal plan, urge the maintenance fund responsible person to pay the maintenance fund in accordance with the provisions, and organize the owners to discuss the use of the maintenance fund;
(seven) announced the rules of procedure, management regulations, property services contracts and resolutions of the owners' meeting;
(eight) in violation of management regulations, damage the legitimate rights and interests of others, have the right to request the actor to stop the infringement, eliminate the danger, eliminate the obstacles and compensate for the losses in accordance with laws, regulations and management regulations;
(nine) according to the authorization of the owners' congress, decide the business plan with real right, sign the business contract, manage the business income, and publish the accounts regularly;
(ten) other matters stipulated by laws and regulations.
Chapter IV Voting Rules
Article 11 The voting right of the owners adopts the property right system. Owners naturally get the right to vote when they acquire property rights. The decision made by the owners' meeting must be approved by the owners whose exclusive part accounts for more than 1/2 of the total construction area and more than 1/2 of the total number of people; When the owners' congress makes a decision on the use and renewal scheme of special maintenance funds, and decides to rebuild or rebuild buildings and their ancillary facilities, it must be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number.
Twelfth pre-sale contracts with real estate licenses or housing management departments for the record are voting rights. Owners' voting rights may be entrusted to users, lessees or other owners in writing, but users and lessees do not have the right to be elected as owners' representatives and members of owners' committees.
Thirteenth owners should take the initiative to collect the voting form at the designated place. If they can't get the voting form, the owners' committee should send someone to deliver it. If it is delivered to the user of the property, it is deemed to have been delivered to the owner himself. Voters must fill in relevant information and sign (seal) on the voting form as required.
Article 14 If there is more than one owner of the same property, the expression of intention of one of them shall be signed for confirmation, which shall be regarded as the expression of intention of all properties.
Chapter V Procedures
Fifteenth owners' meeting is divided into regular meetings and temporary meetings, and regular meetings are held once every () months. In any of the following circumstances, the owners' committee shall organize an interim meeting of the owners' congress, and inform the township (town) people's government, the subdistrict office and the county (city) and district housing management bureau.
(a) proposed by 1/3 or more members of the owners' committee;
(two) more than 20% of the owners proposed;
(three) a major accident or emergency needs to be dealt with in time;
(four) other circumstances stipulated in the rules of procedure of the owners' congress or the management statute.
Article 16 The meeting of the owners' congress may be held by collective discussion, soliciting opinions in writing or a combination of both, but there should be owners whose exclusive part of the property community accounts for more than 1/2 of the total construction area and the total number of people 1/2.
(a) the form of written opinions. The owner expresses his personal wishes by answering the questionnaire or putting forward written opinions, and signs for confirmation. After collecting and summarizing the voting results, the decision of the owners' meeting will be formed.
(2) the form of collective discussion. The form of collective discussion can be divided into two forms, and the owner can choose one:
1. All owners' assembly system. Owners in the property community (building) directly attend the owners' meeting, discuss major issues and vote.
2. The system of owners' congress. If a property community (building) has more than one owner, the owners' congress system can be implemented. There are buildings, units, floors, etc. Take the unit as the unit, and elect an owner representative to attend the owners' meeting. The owner's representative must obtain the consent of the owner whose exclusive part accounts for more than 1/2 of the total construction area and more than 1/2 of the total number of people. If the owner's representative is unable to attend the owners' meeting for some reason, the owner he represents may elect another owner's representative to attend.
(The above answers were published on 20 13-05-22. Please refer to the actual situation for the current purchase policy. )
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