Duties and Powers of Owners' Committee in Residential Quarters

The owners' committee shall perform the following duties: 1. Implement the decisions and resolutions of the owners' meeting. 2. Convene a meeting of the owners' meeting and report the property management. Sign a realty service contract with the realty service enterprise selected by the owners' congress. The rights of the owners' committee are: 1. Convene and preside over the owners' meeting. 2. Amend the owners' convention and the articles of association of the owners' committee. 3. Decided to hire a property management company. 4. Consider the charging standards and usage methods of property management service fees.

Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies. The power base of the industry committee is its ownership of the property, which represents all the owners of the property and has the right to decide all major matters related to the property.

The owners' committee is elected by the owners' congress or the owners' congress for a term of 2-3 years, and may be re-elected. Members of the owners' committee shall be held by the owners, and the directors and deputy directors of the owners' committee shall be elected from among the members of the owners' committee. Generally speaking, a property management area establishes an owners' committee, which is composed of 5- 15 people according to the size of the property management area. For example, Beijing's new regulations: the occupancy rate of commercial housing and affordable housing exceeds 50%, or if the first household has lived in a newly-built residential area for 2 years, an owners' committee can be established.

The owners' committee is the executive body of the owners' congress, and its rights are:

(1) convene a meeting of the owners' congress to amend the owners' convention and the articles of association of the owners' committee;

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(4) Review the annual management work plan and annual expense budget;

(five) to supervise the construction and rational use of public facilities;

(6) Supervise the implementation of the owners' convention;

(seven) other duties entrusted by the owners' congress.

The responsibilities of the owners' committee are:

(1) Report to the owners' meeting;

(two) to implement the resolutions adopted by the owners' meeting and accept the supervision of the owners;

(three) to implement and urge the owners to abide by the relevant laws and policies such as property management, and assist the property management enterprises to carry out various management work;

(4) Accept the supervision and guidance of government management agencies, and implement the instructions and requirements put forward by government departments for this property management;

(5) The decisions made by the owners' committee shall not violate the laws, regulations and policies, the decisions of the owners' congress or the interests of the owners.

Relationship between Owners' Committee and Property Management Company

The owners' committee and the property management company implement the management system of combining owner autonomy with professional management, and there is a certain legal and economic relationship between them.

Legally speaking, the owners' committee and the property management company are the relationship between the principal and the client, and the relationship between employment and employment. Legally, the owners' committee has the right to entrust or not to entrust, and to hire or not to hire; Property management companies also have the right to accept or not accept entrustment, employ or refuse employment, both of which are equal.

In terms of economic relations, property management companies are paid for providing property management services, and they should also receive corresponding remuneration while providing certain services; Similarly, car owners have to pay the corresponding fees after receiving the service.

Property management companies are responsible to the owners' committee and owners, and accept supervision; The owners' committee and the owners shall assist the property management enterprises to carry out their work and pay various fees. The two sides are also equal in economic relations.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 15 of the Regulations on Property Management

The owners' committee shall implement the matters decided by the owners' congress and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

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

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.