Difference between Property Committee and Owners Committee

The difference between the property management committee and the owners' committee lies in different ideas, different election methods and different rights and obligations.

1, the concept is different: the property management committee is an autonomous organization of housing management, which is elected by the property owners' congress and composed of property owners and their representatives, representing and safeguarding the legitimate rights and interests of property owners and owners; Owners' Committee refers to a non-governmental organization composed of owners' representatives in the property management area, which represents the interests of owners, reflects the will and requirements of owners to all sectors of society, and supervises the management and operation of property management companies. It does not have independent legal personality.

2. Different election methods: the property management committee is elected by the owners and the owners' congress, and the owners' committee is elected by the owners. Industry Committee has made it clear that only owners can exercise property rights, other rights can be brought through property rights, and real estate users have no related rights;

3. Different rights and obligations: The owners' committee carries out the matters decided by the owners' meeting and performs the following duties: convening the owners' meeting, representing the owners who declare the implementation of property management and sign property service contracts with the property service enterprises selected by the owners' meeting, keeping abreast of the opinions and suggestions of the property users, and supervising and assisting the property service enterprises to perform the property service contracts.

The property management committee has the right to formulate the articles of association of the management committee, inspect and supervise the annual management plan formulated by the property management company on behalf of the property owners and owners in residential areas, and review the implementation of the management work and the rules and regulations of important measures for community management services.

Increase neighborhood committees as the main body of guidance and help; Increase the proportion of owners' voting rights in the same decision; Expand the scope of use of maintenance funds; Add a special seal for the property service contract; Clarify the right to terminate the owners' meeting, even the right to terminate at will; The obligations such as timely withdrawal, cooperation and handover of the property company and the accompanying obligations are clarified.

Legal basis:

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 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 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.

Article 279 An owner may not change his residence into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.

Article 280 The decisions of the owners' congress or the owners' committee are legally binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.