What is the organizational form of owner autonomy?

(1) owners' meeting 1. The concept of owners' congress. Owners' Congress refers to the owners' autonomous organization, which is composed of all owners in the property management area, safeguarding the interests of all owners in the property management area and exercising the autonomy of owners in property management. Article 8 of the Property Management Regulations stipulates: "All owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. " The owners' congress is the representative of the interests of the owners' groups and the highest organ of the owners' groups. Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee. China's "Property Management Regulations" and "Rules of Procedure for Owners' Congress" divide the meetings of owners' congress into regular meetings and temporary meetings, and all owners should be informed before 15. Regular meetings of the owners' congress shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress. More than 20% of the owners propose that the owners' committee should organize an interim owners' meeting when major accidents or emergencies need to be dealt with in time, as well as other circumstances stipulated in the rules of procedure of the owners' meeting or the owners' convention. An interim meeting of the owners' congress shall be held. If the owners' committee fails to perform its organizational duties, the real estate administrative department of the district or county people's government shall order the owners' committee to hold it within a time limit. In practice, because the proportion of 20% proposal is too high to be implemented, some local regulations or community rules of procedure reduce the proportion to about 10% to act cheaply. From the perspective of comparative law, the proportion of temporary meetings proposed by some owners is different from that proposed by some owners through the competent department. In order to control the intervention of public power, the proportion of the latter is often higher than that of the former. 2. The responsibilities of the owners' meeting. According to the "Regulations on Owners' Congress" promulgated by the Ministry of Construction in 2003, the owners' congress performs the following duties: (1) Formulating and amending the management statute and the rules of procedure of the owners' congress; (two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee; (3) Selecting and dismissing the property management company; (four) to decide on the use and renewal plan of special maintenance funds, and supervise the implementation; (five) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area; (six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress. 3. Rules of procedure of the owners' congress. Whether it is a regular meeting or an interim meeting, it can be in the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area, and the owners may also entrust agents to attend the owners' meeting. For the calculation of voting rights, China adopts the method of building area plus number of people. The raising and use of special maintenance funds and the reconstruction and reconstruction of buildings and their ancillary facilities shall be subject to the consent of 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; The formulation and revision of the rules of procedure of the owners' congress, the formulation and revision of the management regulations, the election of the owners' committee or the replacement of the members of the owners' committee, the hiring and dismissal of the realty service enterprise and other matters shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. The decisions of the owners' congress or the owners' committee are 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. (II) Owners' Committee The owners' committee is an organization elected by the owners' congress and registered by the real estate administrative department. It represents and safeguards the legitimate rights and interests of all owners in property management and is the executive body of the owners' congress. The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government, the subdistrict office and the Township People's government where the property is located. According to the rules of the owners' congress, members of the owners' committee shall meet the following conditions: (1) owners with full civil capacity in the property management area; (2) Abide by relevant national laws and regulations; (three) abide by the rules of procedure of the owners' congress and the owners' convention, and perform the obligations of the owners in an exemplary manner; (4) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, and good social reputation; (5) Have certain organizational ability; (6) Necessary working hours. If a member of the owners' committee is under any of the following circumstances, his membership of the owners' committee will be terminated with the approval of the owners' meeting: (1) He is no longer the owner due to the transfer or loss of the property; (two) absent from the meeting of the owners' committee for more than three consecutive times without reason; (three) due to illness and other reasons to lose the ability to perform their duties; (4) criminal acts; (five) to submit his resignation to the owners' meeting in writing; (six) refused to perform the obligations of the owners; (7) Other reasons are not suitable for being a member of the owners' committee. The owners' committee shall hold the first meeting of the owners' committee within 3 days from the date of election, and elect 1 director and 1 ~ 2 deputy directors from the members of the owners' committee. Upon the proposal of the owners' committee or more than 20% of the owners, if it is considered necessary to change the members of the owners' committee, a decision shall be made at the meeting of the owners' assembly and a written announcement shall be made in the property management area. Where the membership of the owners' committee is terminated, the archives, seals and other property belonging to the owners' assembly shall be handed over to the owners' committee within 3 days from the date of termination. The composition of the owners' committee and the term of office of its members shall be decided by the owners' congress. At present, the level of owner's autonomy in China is not high, so it is more important to set a shorter term of office, so that more owners have the opportunity to participate in the practice of property management and improve their own level and ability of autonomy. To sum up, owners can manage their own communities spontaneously for the convenience of everyone. Therefore, when organizing, all owners should negotiate the terms before they can work out a content. Therefore, when negotiating, every clause must be carefully agreed by the other party, which is legal.