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Can the owners' committee decide to manage the residential property by itself?
According to Article 81 of the Property Law, the owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it.
From the relevant provisions of the Property Law, it can be seen that it is the owners, not the industry committees, who have the right to decide the management mode of residential property.
In the Property Management Regulations, the Property Law and the Guiding Rules of Owners' Congress and Industry Committee,
Article 76 of the Property Law and Article 11 of the Property Management Regulations make the following provisions:
The following matters shall be decided by the Owner * * *:
(a) to formulate and amend 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;
(five) to raise and use special maintenance funds;
(six) the renovation of buildings and their ancillary facilities;
(seven) other major matters related to the management of * * * and * * *.
According to the definition of property management regulations, the so-called property management is actually public management. According to the Property Law and the Property Management Regulations, the management right of the community is decided by the owners' meeting.
The owners' committee is the service organization of the owners' congress and shall be implemented according to the resolutions of the owners' congress. Instead of making resolutions instead of the owners' meeting.
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