How to remove members of the industry Committee

According to Article 29 of the Notice of the Ministry of Construction on Printing and Distributing (hereinafter referred to as the "Notice"): "If the owners' committee or more than 20% of the owners propose to change the members of the owners' committee, it shall be decided by the owners' assembly and announced in writing within the property management area. "The removal of members or directors of the owners' committee must be proposed by the owners' committee or more than 20% of the owners. If there is no proposal of the owners' committee or more than 20% of the owners propose to replace the members or directors of the owners' committee, the proposal of individual owners to replace the members or directors of the owners' committee will not be adopted. This is to prevent a few owners from interfering with the management of the community and maintain the stability and unity of the community. It should be pointed out that the members or directors of the owners' committee can be removed without the proposal of the owners' committee or the proposal of more than 20% of the owners, and whether they can be removed finally must be decided by the owners' meeting. According to the regulations, the resolution made by the owners' meeting must be attended by at least the owners who hold more than 1/2 voting rights in the property management area, and it will take effect only after more than half of the voting rights of the owners present at the meeting are passed, and a written announcement will be made in the property management area. Only through this series of procedures can the dismissal procedure of the owners' committee or director be legal and effective.

At present, more than 20% of the owners of a residential area jointly request to remove the current director of the owners' committee, which is in line with the law. The normal procedure of the owners' proposal is that more than 20% of the owners' representatives should first submit a joint report to the owners' committee, asking the owners' committee to convene the owners' meeting or give a reply within 15 days. However, considering that this topic is to recall the director of the owners' committee, it is unrealistic and unreasonable to ask the director of the owners' committee to organize it. Because according to the relevant laws and regulations, the director of the owners' committee should avoid the owners' meeting when discussing topics involving his own interests, so as to facilitate the normal convening of the owners' meeting. More than 20% of the owners directly proposed to the owners' committee to recall the director of the owners' committee. If the owners' committee fails to reply within the specified time limit or fails to convene the owners' meeting, more than 20% of the owners may request the real estate office or neighborhood offices or neighborhood committees to preside over the owners' meeting. Neighborhood committees, real estate offices, and street offices give replies, and take targeted programs according to the contents of the reply; If the neighborhood committee, real estate office and street office do not reply, it will be regarded as inaction, then the owner's representative can report the situation to the administrative department at the next higher level and ask the competent department to handle it according to law.

As the owners' committee, according to Article 13 of the Regulations on Property Management (Order No.379th of the State Council), "The meetings of the owners' congress are divided into regular meetings and temporary meetings. Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress. "The owners' committee shall organize an interim meeting of the owners' congress, and the reason for the recall of the director of the owners' committee shall be decided by the meeting of the owners' congress. As a neighborhood committee, real estate office or street office, we should give necessary guidance and supervision to the owners' committee, coordinate the relationship between the owners of the community and stabilize the community environment.

Article 12 of the Regulations of the Ministry of Construction on Owners' Congress stipulates that in any of the following circumstances, the owners' committee shall organize an interim meeting of the owners' congress in time: more than 20% of the owners propose; ..... an interim meeting of the owners' meeting shall be held. If the owners' committee fails to perform the duties of organizing the meeting, the real estate administrative department of the district or county people's government shall order the owners' committee to hold the meeting within a time limit. So in this case, the real estate office ordered the owners' Committee to convene. If the owners' committee has not been convened, the real estate office shall organize or guide 20% of the owners' representatives to convene the owners' meeting. When necessary, it can be suggested that more than 20% of the owners hire an intermediary consulting agency to organize the owners' meeting.

The chairman of the owners' committee may be removed through written consultation, but more than 50% of the owners participate; If the number of directors who agree to recall the owners' committee reaches more than half of the owners who participated in the negotiation, the recall will be successful. The owners' congress shall announce the voting results of the owners' congress and file with the competent department.

The dismissed director of the owners' committee should take the initiative to accept and cooperate with the owners' congress or the intermediary agencies hired by the owners' congress to identify the economic problems during his term of office. Even if he is not removed from office, the director of the owners' committee should take the initiative to publish the accounts, perform his duties and show his innocence. If the director of the industry committee refuses to accept the audit, the owners' congress may request the court to conduct compulsory audit through litigation, and shall investigate its legal responsibility according to law.