Can residential property owners be autonomous?

Property management in residential areas can be autonomous by the owners. Owners' congress and owners' committee are the best embodiment of owners' autonomy. Although most residential areas are now managed by property companies, there are also owners of residential areas who set up industry committees to manage them through the owners themselves, which is protected by the Civil Code. The owners' committee will meet regularly to exchange views with the owners on some problems in property services.

The owners' committee refers to the executive body of the owners' congress, which is composed of representatives elected by the owners in the property management area. By implementing the decisions of the owners' congress, it represents the interests of the owners, reflects the wishes and requirements of the owners to all sectors of society, and supervises and assists the property service enterprises or other managers in fulfilling the property service contracts. Do not have independent legal personality.

For a long time, there have been some problems in the practice of property management in China, such as unclear legal status, unclear responsibilities and irregular operation. As a result, property management companies are in a strong position in the legal relationship of property management, which often damages the legitimate interests of owners. This situation has become an important factor hindering the development of China's property management to a higher level.

Civil Code (202 1. 1 comes into effect), property management regulations and other laws and regulations are used to protect the legitimate rights and interests of owners. The owner's self-management and self-service are protected by law. In accordance with the property management regulations, eligible residential quarters hold owners' meetings, set up owners' committees to select and hire properties and supervise property activities. The property management of the community where the owners' committee is located mainly has the following modes:

Contract system: refers to the way that the owner pays a fixed property service fee to the property company, and the property company enjoys or bears the surplus or loss.

Remuneration system: refers to the charging method of property services, in which the remuneration is extracted from the property services funds received in advance according to the agreed proportion or amount and paid to the property company, and the rest is used for the fees agreed in the property services contract, and the balance or deficiency is enjoyed or borne by the owners.

Self-management mode: the third mode here is self-management mode, that is, the owners manage their own communities and manage themselves independently.

The premise of self-management is to convene the owners' meeting, elect the owners' committee and authorize the owners' committee to manage the community.

legal ground

civil law

Article 943 Obligation of Information Disclosure of Property Service Providers Property service providers shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income in a reasonable way, and report to the owners' meeting and owners' committee.