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How do industry committees report violations?
Legal analysis: The industry committee can report violations to the county real estate administrative departments, sub-district offices and township people's governments where the property is located. The county real estate administrative departments, sub-district offices and Township People's governments where the property is located shall actively carry out publicity and education activities on property management policies and regulations, and promptly handle complaints from owners and owners' committees in property management activities.
Legal basis: Article 49 of the Guiding Rules of Owners' Congress and Owners' Committee.
The county real estate administrative departments, sub-district offices and Township People's governments where the property is located shall actively carry out publicity and education activities on property management policies and regulations, and promptly handle complaints from owners and owners' committees in property management activities.
Second, the ownership of residential parking spaces.
(a) when selling residential houses, the parking lot is not allocated according to the public construction area, and the ownership of the parking lot (commonly known as property rights) should be owned by the developer. Developers have the right to sell to owners. At this time, the transfer contract of the right to use the parking space signed by the developer and the owner is legal and valid and should be protected by law.
(2) When the developer sells residential houses, the underground parking lot has been allocated to all residential owners according to the public construction area. Legally speaking, the property right of the parking lot should belong to all owners, and the developer has no right to sign an agreement with individual owners to transfer the right to use the parking lot, and the signed agreement should also be invalid. Residential owners need to purchase the right to use parking spaces, and shall sign a transfer agreement with the residential owners' committee or the property management company authorized by the owners' committee. In this case, only all the owners have the right to decide the right to use the parking spaces in the underground parking lot.
(3) The underground parking lot is rebuilt by civil air defense works. Although the area has not been allocated to all owners, developers have no right to sell it. Article 52 of the Property Law stipulates that national defense assets belong to the state. Article 9 of the Rules for Calculation of Commercial Housing Sales Area and Allocation of Public Building Area stipulates that the basement as a civil air defense project is not included in the public building area. As can be seen from the above provisions, civil air defense parking spaces are exercised by the civil air defense management department on behalf of the state, and such parking spaces cannot apply for real estate licenses, and the ownership does not belong to developers or all owners.
Third, the establishment process of the community owners' committee.
(a) by the construction unit or a property management area of more than five owners jointly submit a written application to the local property management administrative department.
(two) where the district property administrative departments to review, to meet the conditions, to guide the establishment of the preparatory group for the owners' meeting.
(3) The preparatory group is responsible for drafting the rules of procedure of the owners' congress, the management statute and the election method of the owners' committee, which will be publicized for 7 days to solicit the opinions of the owners.
(four) the preparatory group is responsible for confirming the identity of the owners and their voting rights at the first owners' meeting, and informing all the owners of the results.
(five) the preparatory group is responsible for reviewing the qualifications of the candidates for the owners' committee, and the candidates for the owners' committee can be produced through self-recommendation, joint recommendation of the owners, consultation of the preparatory group, etc. Candidates must be publicized for 7 days after confirmation to solicit opinions from the owners. If the owners think it is necessary to supplement the recommended candidates, they may jointly put forward more than ten qualified candidates, and the list must be submitted to the preparatory group seven days before the owners' meeting and publicized for seven days.
(six) the preparatory group shall hold the first owners' meeting within three months. The convening of the owners' meeting must be publicized in the property management area 15 days in advance, including the location of the owners' meeting, meeting procedures and matters that need to be voted by the owners. The owners' congress deliberated and adopted the Rules of Procedure of the owners' congress and the Management Statute, and elected the members of the first owners' committee, which should be an odd number from 5 to 15.
(seven) the preparatory group shall inform the district property administrative department and the local street office of the contents and convening methods of the owners' meeting in advance. The preparatory group must keep all the files and materials for the preparation of the owners' meeting.
(8) The owners' committee shall convene a meeting of owners' committee members within 3 days from the date of election, and recommend 1 director and 1 ~ 2 deputy directors.
(nine) the list of all members of the owners' committee elected for the first time must be publicized in the property management area for 7 days, and a written application shall be submitted to the district property administrative department where the property is located within 30 days from the date of election. The written application includes the establishment process and reasons for filing. At the same time, inform the local sub-district office of the election results. The owners' committee shall formally perform its duties from the date when the property administrative department agrees to put on record.
(10) After the property administrative department agrees to put on record, it will issue the Registration Form of XX Owners' Committee and the engraving certificate.
(eleven) the owners' committee with the "XX owners' committee for the record registration form" and "seal certificate" to the public security department for stamp formalities.
The above gives you a detailed introduction to how the industry Committee reports violations. To sum up, I remind you that according to national laws, matters that need to be decided by the owners' meeting should 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 of owners.
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