Job Recruitment Website - Property management - What are the procedures for residential property autonomy?
What are the procedures for residential property autonomy?
(1) hold a meeting of the owners' meeting to report the implementation of property management;
(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) Supervise the implementation of the owners' convention;
(five) other duties entrusted by the owners' congress.
The concept of owners' congress. Owners' Congress refers to the owners' autonomous organization, which is composed of all owners in the property management area, safeguarding the interests of all owners in the property management area and exercising the autonomy of owners in property management. Article 8 of the Property Management Regulations stipulates: "All owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. " The owners' congress is the representative of the interests of the owners' groups and the highest organ of the owners' groups.
Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.
China's "Property Management Regulations" and "Rules of Procedure for Owners' Congress" divide the meetings of owners' congress into regular meetings and temporary meetings, and all owners should be informed before 15. Regular meetings of the owners' congress shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress. More than 20% of the owners propose that the owners' committee should organize an interim owners' meeting when major accidents or emergencies need to be handled in time, as well as other circumstances stipulated in the rules of procedure of the owners' meeting or the owners' convention. An interim meeting of the owners' congress shall be held. If the owners' committee fails to perform its organizational duties, the real estate administrative department of the district or county people's government shall order the owners' committee to hold it within a time limit. In practice, because the proportion of 20% proposal is too high to be implemented, some local regulations or community rules of procedure reduce the proportion to about 10% to act cheaply. From the perspective of comparative law, the proportion of temporary meetings proposed by some owners is different from that proposed by some owners through the competent department. In order to control the intervention of public power, the proportion of the latter is often higher than that of the former.
In modern society, China pays attention to a high degree of autonomy, but now the grass-roots autonomy management mainly focuses on villagers' autonomy and the management within the owners. For example, the specific content of the owner's self-management is to convene the owners' meeting, in which relevant matters need to be reported.
Legal basis:
Article 937 of the Civil Code of People's Republic of China (PRC)
A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.
Property service providers include property service enterprises and other managers.
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