Can I change the property without setting up the owners' committee?

You are all owners of the community. You have to set up an owners' committee as soon as possible before you can change the property. If the owners' committee is not established, the property cannot be changed.

Owners' committee.

The establishment process of the owners' Committee

First, apply

If the property management community (building) meets any of the following circumstances, five or more owners may jointly submit a written application to the neighborhood office where the community (building) is located, fill in the Application Form for the Establishment of the Preparatory Group for the First Owners' (Representatives') Congress, and set up the first owners' committee: (1) The delivered property construction area has reached more than 50%; (2) The building area of the property has reached more than 30% and less than 50%, and it has been used for more than one year.

Second, set up 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).

Third, the preparatory group carried out preparatory work.

1. Within 30 days after the establishment of the preparatory group, the Measures for the Election of Owners' Committees, the Rules of Procedure for Owners of Owners' Congress and the Convention on Owners' Management were drafted, and notices were posted at obvious positions in the community to solicit the opinions of owners. The two documents, Rules of Procedure for Owners of Owners' Congress and Convention on Owners' Management, require the written consent of two thirds of the owners, which is the most important. Subsequent procedures are based on these two documents, and relevant rules and matters should be formulated in detail. For example, giving up is regarded as consent, and underground spaces such as civil air defense and parking garages are not included in the voting rights.

2. Confirm the identity of the owner and determine the voting rights of the owner at the owners' meeting. The voting rights of the owners are calculated according to one vote per household, and each square meter of the property construction area is the share of voting rights, and the excess is rounded off. The title certificate shall prevail. The representative of the unit must have the power of attorney of the unit.

3. Organize the owners' meeting of each building to produce candidates for the industry committee. Due to the large number of owners, it is impossible to convene a meeting of all owners. The owners' meeting can be held in units of buildings, units and floors. , and may elect owners' representatives to attend the owners' meeting. After that, the owners' meeting is regarded as the owners' meeting. The generation of the owners' representatives shall be approved by the owners who hold more than 1/2 voting rights. Where a vote is required, the specific number of votes for, against and abstention of the owner shall be truthfully reflected by the owner's representative when voting at the owners' meeting after being signed by the owner himself. The voting rights of the owners' representatives are the sum of the voting rights of the owners they represent. The meeting of the owners' congress can be held by all owners in a centralized and unified manner, or by some owners in a timely manner; It can be in the form of collective discussion or written consultation, and the number of votes and votes can only be valid if they are passed by two-thirds of the votes.

4. After completing the above work, the preparatory group will send the list of candidates for the owners' committee and their resumes, the election method of the owners' committee, the rules of procedure of the owners' congress and the owners' management convention to the subdistrict office, and put forward a written application for convening the owners' congress or owners' congress. The preparatory group decides the establishment time of the owners' meeting and the number of industry committees (5- 15, odd number), and sets the voting time (3-7 days, which needs to be reported to the Land and Resources Bureau for the record). Collect information about the candidates of the industry committee, and post the candidates' resumes, voting samples and the agenda of the owners' meeting to the owners. Make good preparations for the meeting, including determining the venue, making ballots, making and setting up one or more ballot boxes (or picking up tickets at home), sealing the ballot boxes by the Land and Resources Bureau, and unpacking and certification by the Land and Resources Bureau when counting votes. Owners' meeting will be held/0/5 days before the voting right notice, and relevant personnel such as Land and Resources Bureau, street office, developer and property management company will be present.

5. The preparatory group will hold the owners' meeting according to the agenda and collect the registration votes; To consider and vote on the rules of procedure of the owners' congress and the owners' management convention; Count the votes in public, read out the election results and produce the owners' Committee. After the meeting, the preparatory group will announce the conference sign-in form and election results statistics. Owners or owners' representatives with voting rights above 1/2 shall attend the owners' meeting or owners' congress. Decisions made by the owners' congress or the owners' congress shall be adopted by the owners or owners' representatives with voting rights of 1/2 or more present at the meeting.

6. One square meter has one vote. To know the owner's housing area, you can go to the Land and Resources Bureau to get the owner's information and ask the owner to show the property certificate when collecting the ticket. When filling in the voting power of attorney of the owner's representative, the identity cards and property certificates of both parties shall be attached. You can ask the current property company to submit the list of owners through the Land and Resources Bureau. If the property company refuses, it can directly put pressure on the property through the Housing and Construction Bureau.

7. Developers have only one vote. One store and one representative. The shop can be the owner's representative. As long as the owner doesn't vote for him in the election of the owners' committee, he will lose the election. Even if he is elected as a member of the owners' committee, his opinions cannot be realized through the principle that the minority is subordinate to the majority. The representative of the community owner is responsible for collecting tickets. If the family area is larger than the shop area, there is no problem.

8. Members of the preparatory group can become owners' representatives, but they cannot become members of the industry committee.

9. Each member of the owners' committee only represents one voting right, and the minority is subordinate to the majority. The owners' committee shall act according to the authorization of the owners' congress, and the decisions made by the owners' committee shall be confirmed by the owners' congress, that is, the owners' representatives, and the owners' committee shall be responsible to the owners' congress or the owners' congress and safeguard the legitimate rights and interests of all owners. The owners' congress voted to calculate the voting right by area, and the share represented by each owner's representative remained unchanged.

10. The office building of the company can vote. The company's office building is in the community, using the public facilities in the community. If there are not enough votes, bring in the office building. Reason for persuasion: everyone is in the same community. It is good for everyone's work and life to make the whole community safe, stable and beautiful and to manage the community in a unified way.

Approval and reply

District and county-level city real estate administrative departments shall, after examination, give a written reply to the owners' committee. The owners' committee shall handle the official seal engraving formalities with the approval, and report the official seal style to the district, county-level city real estate administrative departments and sub-district offices for the record.