The relationship between community neighborhood committees, owners' committees and property companies in laws and regulations, it is best to attach the source, thank you!

93. What is the relationship between community management and property management?

The so-called property management refers to the activities in which the owner hires a property management company, and the owner and the property management company repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas.

Community refers to the social life of people living in a certain geographical area. Community management, also known as community administration, mainly refers to a series of self-management or administrative activities carried out by various organizations in a certain community in order to maintain the normal order of the community and meet the specific needs of community residents such as material life and spiritual life.

From the management area, the jurisdiction of community management is wide, often not limited to a property management area; Property management is aimed at a property management area.

In terms of management content, the content of community management is much wider than the scope of property management, including not only the property management of public places, facilities and equipment, but also family planning, household registration, social security, community culture, party policy propaganda and so on. And property management is only the management of property-related affairs.

In the management system, community management includes not only the guidance and supervision of competent departments, neighborhood committees and property management enterprises, but also the administrative management of family planning, city appearance, sanitation, urban construction and other departments in the community; Property management includes the paid services of property management carried out by property management enterprises in the residential area, as well as the autonomous management and standardized operation of owners' congress and owners' committee.

Property management is a part of community management, which can cover property management. The contents of community management and property management are consistent in many aspects. Such as public security, public health, greening and beautification, environmental protection, neighborhood relations and so on. The goals and tasks of both parties are completely consistent, and the community management and property management should be coordinated. Residents' committees established by communities are autonomous organizations of community residents, and one of their main responsibilities is to manage the social life of communities, protect the legitimate rights and interests of residents, serve residents and create a good community environment. Therefore, property management should take the initiative to accept the guidance and supervision of neighborhood committees, especially in the implementation of the owners' convention and the management system of residential quarters. Community neighborhood committees should combine community construction, strengthen guidance on property management and promote the healthy development of property management.

94. What is the relationship between the owners' committee and the residents' committee?

Residents' committees are grass-roots mass self-governing organizations for residents' self-management, self-education and self-service. The people's governments of cities not divided into districts or municipal districts or their agencies shall give guidance, support and help to the work of residents' committees. Residents' committees shall assist the people's governments of cities not divided into districts or municipal districts or their agencies in their work.

The tasks of the residents' committee:

(a) to publicize the Constitution, laws, regulations and national policies, safeguard the legitimate rights and interests of residents, educate residents to perform their obligations according to law, take good care of public property, and carry out various forms of socialist spiritual civilization construction activities;

(two) to handle the public affairs of the residents in this residential area;

(3) Mediation of civil disputes;

(4) Assisting in maintaining public order;

(five) to assist the people's government or its agencies to do a good job in public health, family planning, special care and relief, youth education and other work related to the interests of residents;

(six) to reflect the opinions, demands and suggestions of residents to the people's government or its agencies. (Articles 2 and 3 of the Organic Law of People's Republic of China (PRC) Urban Residents Committee)

Owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located.

The owners' committee is the executive body of the owners' congress and performs 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 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;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress. (Articles 10 and 15 of the the State Council Regulations)

Differences and connections between residents' committees and owners' committees

Difference:

1. Their rights bases are different: neighborhood committees are grass-roots mass self-governing organizations for residents' self-management, self-education and self-service, and their autonomy bases are legal civil rights. In fact, the secretary of the neighborhood Committee is appointed by the government, and the establishment, cancellation and scale adjustment of the neighborhood Committee are all decided by the government;

The basis of the autonomy of the industry Committee is property ownership. Members of the industry committee are elected by the owners' meeting, and the establishment and revocation of the industry committee are decided by the owners' meeting and reported to relevant departments for the record.

2. Different in nature: Neighborhood committees have a clear legal status, and are essentially semi-administrative grass-roots autonomous organizations, which are currently positioned as "grass-roots political power construction"; The legal status of the industry Committee is not clear, and sometimes it does not even have the qualification of litigation subject. It is a special grass-roots autonomous organization.

3. Different sources of funds: funds for neighborhood committees are allocated by the government; The funds of the industry Committee should be decided by the owners' meeting and solved by the owners themselves.

4. The requirements for members of the organization are different: most neighborhood committees are full-time and responsible to residents; Most of the members of the industry Committee are part-time and responsible to the owners.

5. Different work priorities: the work of neighborhood committees includes publicity and education, social welfare, public security, culture, education and health, mediation of civil disputes, employment, etc., focusing on social and political stability; The work scope of the industry committee is limited to five categories of public services: public health and public order management, greening management, vehicle traffic management, public facilities management in public parts and other living environment management, with emphasis on the economic interests of the owners.

6. Different office buildings: the office buildings of neighborhood committees are solved by the local people's government as a whole, not necessarily in the property management area, and some communities have only one neighborhood Committee; Industry Committee office space should be located in the property management area, provided free of charge by the construction unit and the public housing sale unit.

Contact person:

1. Neighborhood committees and industry committees belong to the category of community management and are grass-roots autonomous organizations.

In community organizations, neighborhood committees and industry committees are the main bodies of community governance, they are the core organizations of the community and the promoters of community autonomy. One of the main duties of the neighborhood committee is to do a good job of coordination between the property management company and the industry committee, to resolve conflicts and promote the smooth development of property management.

Neighborhood committees and industry committees are autonomous organizations of residents and owners, which are consistent with the interests of owners. They should safeguard the legitimate rights and interests of residents and owners.

2. Most residents are also owners, and most owners are residents.

Neighborhood committees and industry committees have their own emphases, but there are also overlapping places. They have room for cooperation in many fields. In addition, they serve many of the same customers. Therefore, they should cooperate extensively.

3. Neighborhood committees and industry committees are equal in civil relations.

Neighborhood committees and industry committees are grass-roots mass autonomous organizations established according to law, and the relationship between them should be equal. Neighborhood committees should support industry committees to safeguard owners' rights and interests, and industry committees should actively cooperate with neighborhood committees to carry out community autonomy.

4. The neighborhood committee has the obligation to guide and supervise the industry committee; When discussing major affairs of the community and organizing the owners' meeting, the industry committee shall notify the residents' committee to participate.

Article 11 of the Regulations of Shanghai Municipality on Residential Property Management stipulates that the preparatory group or the owners' committee shall notify the local real estate management departments (counties) and residents' committees in advance of the meeting time, place, topics and agenda, invite the district (county) real estate management departments and residents' committees to send representatives to attend, and listen carefully to the opinions of the district (county) real estate management departments and residents' committees. Article 16 clearly stipulates that if two or more property management areas use non-municipal roads or other supporting facilities and equipment, a joint meeting system of owners' committees shall be established. The joint meeting of the owners' committee shall be attended by representatives of sub-district offices (township people's governments), district (county) real estate management departments, relevant property management regional owners' committees, neighborhood (village) committees and property management enterprises.

Article 34 of the Notice of the Ministry of Construction on Printing and Distributing the Rules of Procedure of Owners' Congress (J.J.F. [2003] 13 1No.) also clearly stipulates that owners' congress and owners' committee shall cooperate with public security organs and residents' committees to do a good job in maintaining social order in the property management area. In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision. The decisions made by the owners' assembly and the owners' committee in residential areas shall be informed to the relevant residents' committees and their suggestions shall be listened to.

95. Under what circumstances does the adjacent community need to hold a joint meeting of the owners' committee? Who will convene the joint meeting of the owners' committee? What problems have been solved?

If two or more property management areas use non-municipal roads or other supporting facilities and equipment, a joint meeting system of owners' committees shall be established. The joint meeting of the owners' committee shall be attended by representatives of sub-district offices (township people's governments), district (county) real estate management departments, relevant property management regional owners' committees, neighborhood (village) committees and property management enterprises.

The joint meeting of the owners' committee is organized by the sub-district office (township people's government) and the district (county) real estate management department. (Article 16 of the Regulations of Shanghai Municipality on the Administration of Residential Property)

Mainly solve the problem of coordinating the management, maintenance and renewal of non-municipal roads or supporting facilities and equipment; Regularly inform and learn the laws, regulations and normative documents related to property management; Communicate the situation of all parties; To study and deal with the opinions and suggestions of owners and users; Coordinate and solve difficult problems in property management.

96. Should neighborhood committees and real estate management departments be notified to attend the owners' meeting?

When the owners' meeting is held, the preparatory group or the owners' committee shall notify the local (county) real estate management department and neighborhood (village) committees of the time, place, topics and agenda in advance, invite the district (county) real estate management department and neighborhood (village) committees to send representatives to attend, and listen carefully to the opinions and suggestions of the district (county) real estate management department and neighborhood (village) committees. (Article 11 of the Regulations of Shanghai Municipality on Residential Property Management)

97. How to coordinate the maintenance and management of non-municipal roads, public facilities and equipment, cleaning and security between adjacent communities?

Owners' meetings and owners' committees are established according to the property management areas, but it is also common to use non-municipal roads and facilities between adjacent property management areas. The management and maintenance of non-municipal roads, facilities and equipment used in adjacent communities are mainly solved through the joint meeting of the owners' committee of adjacent communities.

If two or more property management areas use non-municipal roads or other supporting facilities and equipment, a joint meeting system of owners' committees shall be established. The joint meeting of the owners' committee shall be attended by representatives of sub-district offices (township people's governments), district (county) real estate management departments, relevant property management regional owners' committees, neighborhood (village) committees and property management enterprises. The joint meeting of the owners' committee is organized by the sub-district office (township people's government) and the district (county) real estate management department. (Article 16 of the Regulations of Shanghai Municipality on the Administration of Residential Property)

98. What is the relationship between the owners' congress, the owners' committee and the community management of the neighborhood committee?

The owners' congress and the owners' committee shall cooperate with the public security organs and the residents' committees to do a good job in maintaining social order in the property management area. In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision. The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees. (Article 20 of the the State Council Regulations)

When the owners' meeting is held, the preparatory group or the owners' committee shall notify the local (county) real estate management department and neighborhood (village) committees of the time, place, topics and agenda in advance, invite the district (county) real estate management department and neighborhood (village) committees to send representatives to attend, and listen carefully to the opinions and suggestions of the district (county) real estate management department and neighborhood (village) committees. (Article 11 of the Regulations of Shanghai Municipality on Residential Property Management)

If two or more property management areas use non-municipal roads or other supporting facilities and equipment, a joint meeting system of owners' committees shall be established. The joint meeting of the owners' committee shall be attended by representatives of sub-district offices (township people's governments), district (county) real estate management departments, relevant property management regional owners' committees, neighborhood (village) committees and property management enterprises. The joint meeting of the owners' committee is organized by the sub-district office (township people's government) and the district (county) real estate management department. (Article 16 of the Regulations of Shanghai Municipality on the Administration of Residential Property)

Sub-district offices and township governments should give full play to the advantages of comprehensive coordination in their communities, incorporate residential property management into the scope of community management, closely integrate with the creation of civilized, safe and demonstration communities for property management, and earnestly strengthen the guidance, coordination and supervision of residential property management.

Sub-district offices (Township People's governments) shall strengthen the guidance and supervision of the owners' committees in residential areas, urge neighborhood committees and real estate offices to do a good job in the formation, transition and daily management of the owners' committees, and especially help to elect good owners' representatives and members of the owners' committees. (Khufu Ban [2003] No.31)

99. Can the resolution of the residents' assembly replace the resolution of the owners' assembly?

Residents' meeting is an organizational system and a form of democratic decision-making for residents to carry forward democracy.

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.

Under normal circumstances, for the same property management area, the owners are often residents, and most residents are also owners. In property management, the interests of residents' meeting and owners' meeting should be consistent, and the resolutions of owners' meeting and residents' meeting should not conflict. However, due to their different legal basis, the resolution of the residents' meeting cannot replace the resolution of the owners' meeting.

Both residents' meetings and owners' meetings should make decisions within their respective legal scope; When the residents' meeting needs to make a decision on property management, it shall promptly notify the owners' committee to attend the meeting. For matters that need to be decided by the owners' meeting, it shall suggest that the owners' committee organize the owners' meeting in time. The owners' committee shall listen carefully to the opinions and suggestions of the residents' committee.

100. Does the neighborhood committee have the right to supervise the service quality of property management enterprises?

The residents' committee has the obligation to assist the people's government or its agencies to do a good job in public health, maintaining social order and renting residential houses related to the interests of residents. The services provided by the property management company include security, cleaning and greening protection. If the property management service is not in place, it will inevitably bring hidden dangers in public security, health and environment to the community. Therefore, neighborhood committees have the right to supervise the service quality of property management enterprises.

Shanghai [2003] No.31Opinions on Further Strengthening Residential Property Management requires that neighborhood offices and township governments should give full play to the comprehensive coordination advantages of their communities, bring residential property management into the scope of community management, closely combine with the establishment of civilized, safe and demonstration communities for property management, and earnestly strengthen the guidance, coordination and supervision of residential property management.

Neighborhood committees find that the service quality of property management enterprises affects the life of community residents, and they can put forward it at the tripartite joint meeting of industry committees, property management enterprises and neighborhood committees to urge property management enterprises to rectify. If the property management enterprise fails to make rectification within the time limit, the neighborhood committee may cooperate with the industry committee to report to the subdistrict office (township people's government) or the real estate department.

Source: answers to questions of owners' congress and owners' committee100Question 02 1-29599438.