Who is in charge in our community? -The owner of the community

Many community owners will ask the questions listed in the title of this article, ask themselves and answer them, and also ask everyone: Who is in charge of our community? If there is a property company in the community, is it decided by the property company? If this answer is not accurate, then is it the decision of the industry Committee or the agreement between the industry Committee and the property company? In a self-managed community without a property management company, is it up to the industry Committee to decide? If there is no industry Committee, or if the industry Committee does not work, should the street community be the master? First, the owner is the owner of the residential property: According to the survey, the owners of most residential areas in China basically believe that the owners should choose a good industry Committee and let the industry Committee make the decision. It is considered that the industry committee is the leader of the community, representing the owners, exercising power and safeguarding interests, and choosing a good leadership team is the most important. This is a very common understanding, but it is actually a misunderstanding. Industry Committee is not a leader. The industry Committee wants to be a leader, and this community will definitely not work. Of course, if the property company is changed to be the master, or the street organizes a "management Committee" to be the master, this community will definitely be bad. Why? Why is it that the community must be bad when the industry Committee is elected as the leader, or the street arranges leaders for community organizations? Because, no matter theoretically or legally, all owners are "leaders"-"owners, owners" are people who sell houses in the community, which is fundamental! At the same time, more importantly, a community is not bought by one family, but by hundreds of families. Therefore, the owner is a partnership owner, and the owner has purchased the "industry" of the community in partnership, and all the owners are the owners of the community property. Therefore, it can be reasonably and legally judged that the affairs of the community can only be decided by all the owners-partnership owners. An industry committee composed of a single owner or several owners is not a leader. On the contrary, the industry committee is led by all owners and runs errands. In layman's terms, the whole community is the property jointly owned by all owners. Except for the indoor space of each household (the area registered on the property certificate) and the municipal water supply pipeline to the outdoor, everything in the residential wall belongs to all owners. According to the scope of use of buildings, structures, equipment and facilities, the total scope of the whole community can be further divided according to buildings, units or floors. In local areas (such as buildings, units, etc. ), the owners who benefit from the use of * * * will exercise their rights and assume responsibilities in this area. If this relationship is not clarified, the community may be decided by a few people in the industry Committee without authorization, causing conflicts, or the property company will strongly exceed the owner's rights. Then, how can hundreds of owners "lead" and "lead" the operation of the industry Committee? The problem of operation is put on the agenda. Second, how do hundreds of owners make decisions? -* * * The same decision-making procedure and proportion In fact, as long as the nature of the above-mentioned partnership landlord is identified, it is easy to figure out how to make a decision-every owner has the right to participate in decision-making and the obligation to shirk responsibility. Therefore, in the face of all kinds of opinions, everyone should express their opinions. Therefore, it is necessary to first set the rules for the partnership landlord and how to exercise their power, and then put forward their own opinions and participate in the voting according to the rules agreed by the partnership landlord. Everyone in the partnership landlord has the right to express opinions and opinions on anything in the community. This is the premise. Therefore, how to determine the rules for collecting opinions in the community must conform to two principles. First, a few owners have different opinions and must be able to express them publicly; Second, we should gather all kinds of inconsistent suggestions, let all owners choose to vote from them, and get the consent of the majority, so as to come up with a decision, a decision on the same property. For example, whether to hire a property management company, which property management company to hire, how much to pay and what level of service to buy are the most common decisions of the owners. According to this "public opinion; The principle of "simple voting", the specific procedure stipulated in our country is to require the owners-partnership owners to discuss and determine the rules of procedure of the owners' meeting in advance, and to conclude a management statute on how the owners should coordinate their mutual relations. These two most basic documents are about how the owners exercise their rights, how to be the masters of the country, and the procedural provisions on how to let the owners be the masters of the country. However, although theoretically and legally, the owners must first agree on the rules, and then they can "publicly express their opinions" according to their agreed rules and procedures; "Summary voting", but in real life, the vast majority of owners directly face the specific issues of interest coordination and operation, and the vast majority do not care about the biggest event that must be regulated first. Therefore, although in form, the first owners' meeting of each community will vote to pass these two resolutions, the vast majority of voting owners will not care about the fundamental significance of this procedural agreement, but will only pay attention to whether someone deliberately operates in order to achieve a favorable voting result. Despite this, most owners don't care about the rules agreed in advance, but they don't buy it. Fortunately, there is a property law. The Property Law stipulates that the owner who disagrees must obtain a written signature (the unanimous decision of the owner is legally binding on the owner, Article 78 of the Property Law); At the same time, the decision of the majority owners may infringe on the minority owners, and the legal basis for how to revoke it is also given (Article 78 of the Property Law). The Property Law stipulates (Article 76) that the following matters must be "double majority"-the voting ratio of the owners exceeds 50%; The owner's housing area ratio exceeds 50%: 1. To formulate and revise the rules of procedure of the owners' congress; 2, formulate and modify the management regulations of buildings and their ancillary facilities; 3. Elect the owners' committee or replace the members of the owners' committee; 4, hiring and dismissing the realty service enterprise or other management personnel; 5. Other major matters related to the ownership and management rights of * * *. There are two more important things, the proportion of owners who agree with the decision will increase, and it is necessary to obtain "double over 2/3"-the proportion of owners who vote is more than 2/3; The owner's residential area ratio is greater than 2/3: 1, which is related to the renovation and reconstruction of residential buildings and their ancillary facilities; 2. The money related to the renovation of the community, that is, how to spend the maintenance funds; How to raise funds? In addition to the maintenance funds for renovation, there are many expenses that need to be incurred in the community and the income generated by the use of "buildings and their ancillary facilities". So what should be done with the money spent on the use of "buildings and their ancillary facilities"? The answer is to do it according to the previous "double half" decision, but if it is still "not agreed or unclear, it will be determined according to the proportion of the owner's exclusive part in the total construction area", which is a guaranteed solution given to us by Article 80 of the Property Law! The "owner's exclusive part" refers to the area registered on the owner's property certificate, and the "total construction area" is the sum of the property certificate areas of all owners. If the real estate area of a family is 100 square meters and the real estate area of the whole community is 50,000 square meters, then the proportion of this family is 1/500. The contribution ratio is 1/500, and the owner ratio is also 1/500. Three, all the owners * * * with the decision-how to run errands? The first two parts have basically answered the question raised at the beginning-the partnership owners are responsible for the affairs of the community, or, according to the proportional requirements, all owners have the same decision-making power. So, what does the industry Committee do? Answer: not the master, but the errand boy; Ask again: how to run errands? What is the task of running errands? A: collect and sort out proposals; Public voting; Execute the decision ... Next, we will explain in turn how the industry committee handles running errands: 1. Ask the owner for advice. Thousands of owners have the right to make some suggestions to the community. It is also the right of every owner to ask for these suggestions, but it is the obligation of the industry Committee. In other words, owners who are not members of the industry Committee have the right to make suggestions and have the right to post their own suggestions on their own initiative, while industry committees or property management companies have no right to prevent owners from making suggestions on their own initiative; But for the industry committee, it is their obligation to inform all owners and call on them to make suggestions on a regular basis or for specific matters. If we don't inform them in advance to remind them to make suggestions, it is that the industry Committee has not fulfilled its obligations. For the suggestions submitted by the owners, the industry Committee should collect, summarize and properly preserve them, and then move on to the next step: 2. Organize and publish the collected opinions and suggestions, which may be varied or criticized by the owner only for specific details. These opinions and suggestions need to be classified and summarized, and the collected opinions and suggestions should be summarized, merged, posted and publicized to all owners, and the opinions of the proponents should be further sought to see if they have been misinterpreted or deleted. This step is to supplement the merged proposal, so that the owners can fully exercise their right to suggest and form a centralized alternative plan for a number of topics that can be voted on. For example, before the merger, a question had three or four different voting options, so it is not recommended to have more than two voting options after the merger. Otherwise, the votes will be scattered in the next stage of voting, and no matter which option can reach the proportion stipulated in the above law, then * * * cannot form the same decision, so it is necessary to merge the alternatives, and in order to avoid being deliberately blocked by the industry Committee from other owners' suggestions, it is necessary to fully disclose the merged scheme and let the suggested owners put forward supplementary opinions. After publicity, supplemented by further feedback, a proposal for all owners to vote on is formed, that is, the third step: 3. Before voting, the proposal is publicized at this stage. The function of publicity is no longer to supplement and modify the scheme to be voted, but to make all owners carefully consider which scheme to choose, or to vote for or against the only alternative, unless more owners are met. For example, more than 5% of the owners questioned the merger proposal to be voted on in the previous stage, and demanded that the proposal to be voted on be supplemented or changed, that is, there were major flaws in the procedures in the previous stage, otherwise the proposal shall not be changed at will during the publicity period of this stage (the revised representative resolution must also meet the 15-day publicity period required by laws and regulations). The contents of the publicity at this stage must also indicate the contents of the ballot (sample); The start and end time of voting; Requirements for effective counting and statistics (owner's name and signature, room number, special area, owner's checking telephone number, etc.). ); Voting place; Effective explanation of double half or double 2/3. After the expiration of publicity, you can go to the next step: 4. Announce the voting results and implement the decision. The last step is to count the voting results signed in writing and announce them to all owners. If there is a big enough publicity column, copy down and paste every ticket originally signed, so that * * * will not be tampered with. After all kinds of original records are copied, together with statistical results and resolutions, they are reported to the street for the record, and the process of owner's decision-making comes to an end. The remaining task is for the industry Committee to further implement and run errands. For example, sign a contract with a property management company. The above is the basic process for the owner to make decisions and the industry Committee to run errands. Again, no one can make any decision on the money or things in the community without the authorization of more than half (or more than two thirds) of the owners. For these problems, it is very necessary for every owner of the community to care and participate, so that we can get along calmly and let the community operate openly and transparently.