Conditions and procedures for establishing trade committees

1. What are the conditions and procedures for the establishment of the owners' committee? 1.

Property management community (building) meets one of the following circumstances, five or more owners may jointly submit a written application to the neighborhood office (or the town people's government, the same below) where the community (building) is located, fill in the Application Form for the Preparatory Group for the Establishment of the First Owners (Representatives) Congress, and establish the first owners' committee:

1. The delivered construction area of the property reaches more than 50%;

2. The delivered construction area of the property exceeds 30% and less than 50%, and it has been used for more than one year.

(ii) Establishment of a preparatory group

After receiving the application, the street office shall make a written reply to guide the community (building) to set up the preparatory group of the owners' committee (hereinafter referred to as the preparatory group).

(3) The preparatory group carries out preparatory work.

1. After the approval of the preparatory group, notify the construction unit or the property management company to report the list of all owners, contact address and contact telephone number to the sub-district office within 15 days; The street office shall submit the above materials to the preparatory group within 5 days after receiving the relevant materials.

2. The preparatory group shall, within 30 days from the date of its establishment, draw up the owners' convention, the articles of association of the owners' committee and the election method of the owners' committee, and post them in a prominent position in the residential area (building) to solicit the opinions of the owners. The preparatory group will publish the publicity materials of the policies and regulations of the owners' committee in the publicity column and distribute them to the owners.

3. The preparatory group organizes all building owners to produce candidates for the owners' committee through self-recommendation or recommendation.

4. The preparatory group will post and publish the resumes of the candidates of the owners' committee, the sample voting format of the owners' committee and the agenda of the owners' meeting to the owners, and send the election method of the owners' committee to all owners in writing.

(four) to convene the preparatory group for the election of the general assembly.

After the above work is completed, the list of owners' candidates and their resumes, the election method of the owners' committee, the articles of association of the owners' committee and the owners' convention will be delivered to the sub-district office, and a written application for convening the owners' congress or owners' congress will be put forward. At the same time, make preparations for the meeting, including determining the venue, organizing personnel to print ballots, guessing boxes with voting equipment, notifying all voters, notifying neighborhood offices, police stations, development companies, property management companies and other relevant personnel.

The preparatory group held a meeting according to the agenda: collecting and registering votes; To review and vote on the articles of association of the owners' committee and the owners' convention; Votes are counted in public, the election results are read out, and members of the owners' committee are produced. After the meeting, the preparatory group will announce the conference sign-in form and election results statistics.

(5) The owners' committee applying for registration shall, within 15 days from the date of its establishment, apply to the district/county real estate administrative department for registration with the following documents:

1, application form for registration of the owners' committee;

2, street office approval certificate;

3, the owners' committee votes;

4. The voting of the owner's representative;

5. Power of attorney of the owner;

6, the owners' congress or owners' congress sign-in table;

7. Articles of association of the owners' committee;

8. Owners' Convention;

9. Other relevant information.

(6) Approval and reply

District and county-level city real estate administrative departments shall, after examination, give a written reply to the owners' committee. The owners' committee will engrave the official seal with the approval from the public security department, and report the official seal style to the district, county-level city real estate administrative departments and sub-district offices for the record.

Second, the owners' committee related cases: Case: In June, 2004, some owners of a residential area in Minhang set up a preparatory group for the election of the new industry committee under the auspices of the local neighborhood committee. The original owner thought that he should be a member of the preparatory group of the next industry committee, so he didn't register to participate in the election of the members of the industry committee, and was dissatisfied with the election results of the new industry committee, so he took his registered business premises to court and charged them.

Analysis: Because the new "Shanghai Property Management Regulations" does not clearly stipulate how to elect the next industry committee after the expiration. It is not a general election, and it is not necessary for the members of the previous industry committee to participate in the new industry committee election as members of the industry committee, but to re-register with the preparatory group as owners.

Comments on lawyers of real estate law

At present, in the election process of some communities in this city, the lawsuits caused by such problems are gradually increasing. The gradual popularization of members or directors is inseparable from the development and progress of property management in China. On the contrary, the relevant provisions on the election procedures and standards of industry committees are almost blank, which has laid the groundwork for controversy.

3. What are the responsibilities of the owners' committee?

(1) Convene a meeting of the owners' meeting and report on the implementation of property management? Situation;

(2) According to the opinions, suggestions and requirements of the owners, draw up plans for selecting and appointing realty service enterprises or other managers, selecting and appointing implementers and dismissing realty service enterprises or other managers, and submit them to the owners' meeting for decision;

(three) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(four) according to the opinions, suggestions and requirements of the owners, formulate rules and regulations for maintaining public order and environmental sanitation in the building division, and submit them to the owners' meeting for decision;

(five) according to the opinions, suggestions and requirements of the owners, formulate the use and income plan of some properties in the building division and submit it to the owners' meeting for decision;

(six) according to the opinions, suggestions and requirements of the owners, formulate the use and renewal plan of the maintenance funds for buildings and their ancillary facilities, and submit it to the owners' meeting for decision;

(seven) according to the owner's proposal, formulate the division and adjustment plan of this building partition, and submit it to the owners' meeting for decision;

(eight) the annual service plan shall be formulated by the realty service enterprise or other managers and submitted to the owners' meeting for decision;

(nine) submitted to the owners' congress to decide to terminate the membership of the owners' committee and add the members of the owners' committee;

(ten) supervise the realty service enterprise or other managers to perform the realty service contract, and conduct a comprehensive assessment of the realty service enterprise or other managers' performance of realty service in accordance with the realty service contract every six months.