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Relevant review Committee
Rules of procedure of the city holiday owners' congress and articles of association of the owners' committee.
Nanjing Gulou District City Holiday Community
Rules of procedure of owners' congress and articles of association of owners' committee
(Draft case)
Chapter I General Provisions
Article 1 Name and office address of the institution
Name of unit: Owners' Committee of Urban Holiday Community in Gulou District, Nanjing.
Office address: No.9 Long Yuan West Road, Gulou District, Nanjing, in the urban holiday community.
Article 2 In order to strengthen the management of this residential area (property management area), maintain public environment and order, and ensure the safe and rational use of property, all owners must consciously abide by the Property Management Regulations (Order No.379 of the State Council in 2003), the Property Management Regulations of Jiangsu Province (adopted at the 20th meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on February 24th, 2000) and the relevant regulations of Nanjing.
Third owners through the owners' congress and the owners' committee to implement autonomous management of the property. The owners' meeting is composed of all the owners in the property management area, and decides on major issues involving the interests of the owners of this community. The owners' committee is the permanent (executive) body of the owners' congress, which was established with the approval of government departments. The purpose of the owners' committee is to represent and safeguard the property rights and interests of all owners, exercise various rights according to law, maintain public order in the property management area, and create a safe, comfortable and civilized living environment.
Chapter II Determination of Owners' Qualifications and Owners' Voting Rights
Article 4 The qualification of owners and the right to vote of owners shall be determined and calculated by the owners' committee in accordance with the provisions of these Rules.
Article 5 The qualification of the owner shall be based on the owner recorded in the house ownership certificate. If the certificate has not been issued, the commercial housing sales contract has been signed and the check-in formalities shall prevail.
Article 6 If the owner of a house is a married individual, the owner shall confirm in writing that the owner exercises the rights of the owner as the representative of the owner.
The owner of the house is an individual * * *, and the owner of the house shall confirm in writing that someone * * * is exercising the owner's rights as the owner's representative.
Article 7 Where the owner of a house is a legal person or an unincorporated organization, the unit shall authorize its subordinate personnel in writing to exercise the owner's rights as the owner's representative. Where the agent changes, the unit shall promptly notify the owners' committee in written form and designate the designated agent as the owner's representative.
Article 8 When the owners change, the new and old owners shall pass the owners' committee in writing in time, and the owners' committee shall determine the qualifications of the new owners according to the new "Property Ownership Certificate".
Article 9 The voting right of the owners at the first meeting of the owners' congress is one vote for each household for ordinary houses, and the voting right for non-residential houses is calculated according to the building area of the property they own and the upper limit of the number of houses. If the basic area is insufficient, according to the property ownership certificate or relevant ownership certificate, one vote per certificate.
Article 10 After the first owners' meeting, the voting right of the owners is one vote for ordinary houses, and the calculation method of the voting right of non-residential owners is the same as above. However, if the voting right of single-family owners exceeds 10, only 10 can be calculated.
Eleventh owners should attend the owners' meeting in person and exercise their voting rights. If he is unable to attend the meeting of the owners' congress for some reason, he shall entrust an agent to attend or vote, otherwise he shall be deemed to have abstained and shall obey the decision made by the owners' congress.
If the entrusted agent is present, a written power of attorney must be issued; Entrusting others to exercise their voting rights must be clearly defined in the authorization authority of the power of attorney, otherwise the authorization is invalid. The power of attorney must be signed by everyone. If the owner is a legal person, it must be stamped with the official seal of the legal person.
The above power of attorney is valid at one time. If you need to entrust again, you must issue a new power of attorney.
Twelfth owner information, owner authorization information and owner representative and agent change information shall be submitted to the owners' committee for the record.
Chapter III Owners' Meeting and Rules of Procedure
Thirteenth owners' congress is the highest authority of the owners. Its permanent (executive) body is the owners' committee.
The owners' congress shall exercise the following functions and powers:
(a) to consider, amend and adopt the owners' convention and the articles of association of the owners' committee;
(two) election and replacement of members of the owners' committee;
(three) to consider the work report of the owners' committee;
(four) to supervise the work of the owners' committee and change or cancel the inappropriate decisions of the owners' committee;
(five) to examine and approve the report of the owners' committee on the selection or dismissal of property management enterprises;
(six) to decide on major issues involving the interests of the owners.
(seven) other functions and powers as prescribed by laws and regulations.
Article 14 The owners' congress may solicit opinions by meeting or writing, and the voting of the owners' congress may be by voting or other means. Meetings of owners' congress are divided into regular meetings and temporary meetings. The regular meeting of the owners' meeting is held every year 10. In any of the following circumstances, an interim owners' meeting shall be held within 30 days:
(1) When the number of members of the owners' committee is less than 2/3 of the number stipulated in the owners' articles of association;
(two) when the owners who hold more than 20% of the voting rights in the property management area propose;
(3) 1/4 or above when proposed by the owner's representative;
(four) when the owners' committee deems it necessary.
Upon the decision of the owners holding more than half of the voting rights, the owners' meeting may be postponed.
Fifteenth owners' meeting shall be convened by the owners' committee in accordance with the provisions of the articles of association and presided over by the chairman of the owners' committee. When the director is unable to perform his duties due to special reasons, the deputy director or other members designated by the director shall preside over it. When the owners' meeting is held, the matters considered at the meeting shall be notified to the owners' representative in writing 30 days before the meeting is held.
Sixteenth temporary owners' meeting shall not make resolutions on matters not specified in the notice.
Seventeenth owners' meeting needs more than half of the owners to attend, otherwise it will be invalid. Ordinary resolutions must be passed by more than half of the voting rights held by the owners present at the meeting.
The merger, division, dismissal or hiring of a property company by the owners' committee and the continuous raising of special maintenance funds for equipment and facilities must be approved by more than two thirds of the owners; Amendments to the owners' convention and the articles of association of the owners' committee must be approved by more than two-thirds of the voting rights held by all owners.
Article 18 The owners' meeting shall form minutes of decisions on matters discussed, which shall be signed by all the owners present at the meeting. The minutes of the meeting shall be kept together with the signature book of the owner who attended the meeting and the power of attorney of the agent.
Nineteenth owners have the right to consult the articles of association of the owners, the minutes of the owners' meeting and the financial and accounting reports, and put forward suggestions or questions on the work of the owners' committee.
Twentieth decisions made by the owners' congress and the owners' committee shall be published on the bulletin board or other prominent positions in the property management area, which shall be binding on all owners and users in the property management area.
Article 21 The owners' meeting may invite relevant personnel from property management enterprises, residents' committees and government administrative departments to attend as nonvoting delegates.
Chapter IV Owners' Committee
Article 22 The owners' committee is the executive body of the owners' congress, representing and safeguarding the legitimate rights and interests of all owners in property management activities, and being responsible to the owners' congress.
The owners' committee shall perform the following duties:
(a) to convene and preside over the owners' meeting;
(two) to draw up the draft owners' convention, the draft articles of association of the owners' committee and its revised draft and report it to the owners' congress for adoption;
(3) With the approval of the owners' meeting, hiring or dismissing the property management enterprise, and after the owners' meeting deliberates and agrees on the terms of the contract, signing, modifying or terminating the property management contract with the property management enterprise;
(four) approved by the owners' meeting, responsible for the management and use of maintenance funds, maintenance funds are insufficient, continue to raise;
(five) to examine and approve the annual property management work plan and major measures proposed by the property management enterprise;
(six) to listen to the opinions and suggestions of the owners and users, and to supervise the management service activities of the property management enterprises;
(seven) the implementation of the relevant decisions of the owners' congress;
(eight) accept the supervision of the owners, the owners' congress and the administrative department of property management;
(nine) urge the owners and users to abide by the owners' convention and relevant regulations;
(ten) other duties as prescribed by laws and regulations and entrusted by the owners' meeting.
Article 23 The owners' committee shall be elected by the owners' congress.
Members of the owners' committee shall meet the following conditions:
1, the owner with full capacity for civil conduct in this community;
2. Abide by national laws and regulations;
3. Abide by the owners' convention and perform the owners' obligations in an exemplary manner;
4. Enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and integrity, and social credibility;
5. Have certain organizational skills;
6. Necessary working hours.
Article 24 The number of members of the owners' committee is 15. Members of the owners' committee are elected for a term of three years and may be re-elected. The owners' committee may elect a director, deputy directors and full-time executive secretary. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee from among its members. The owners' committee may set up various departments as required.
Twenty-fifth owners' committee elected by the first owners' meeting shall, within thirty days from the date of election, apply to the local property management administrative department for registration and confirmation. The date of registration confirmation is the date of establishment of the owners' committee. When applying for registration and confirmation, the owners' committee shall submit the following materials:
(a) the owners' committee registration confirmation form;
(2) Measures for the election of the owners' committee;
(three) the minutes of the owners' meeting and the voting situation.
Where the relevant matters registered by the owners' committee change, the registration of change shall be handled.
Where the owners' committee terminates, it shall cancel the registration.
Twenty-sixth members of the owners' committee shall not work part-time in the property management company that implements management within the property management area.
Twenty-seventh the election of the owners' committee shall be presided over by the preparatory group of the owners' committee or the director of the previous owners' committee or the deputy director designated by the director.
Twenty-eighth members of the owners' committee shall be elected by voting in real-name registration system. Owners can vote in favor of the candidates for membership, choose other owners or abstain. The election of members of the owners' committee shall adopt the method of differential election, and the number of differential members is generally 2 to 5.
Twenty-ninth owners go out during the owners' meeting or cannot be present for other reasons, they may entrust other owners to vote on their behalf in writing. Each owner shall not accept more than two people.
Article 30 After the voting is over, the scrutineers, counting personnel or members of the owners' committee elected by the owners shall check the votes and make records, which shall be signed by the scrutineers.
Article 31 If the number of votes cast in each election is more than the number of voters, equal to or less than the number of voters, the vote is invalid. The number of people selected for each ballot is more than the number of deputies to be elected, and it is invalid if it is equal to or less than the number of deputies to be elected.
Thirty-second when the owners' meeting is held, more than two-thirds of all owners vote, and the election is valid. Candidates for members of the owners' committee can only be elected if they get more than half of the votes of the owners who vote.
Article 33 When the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the candidate who has obtained more votes shall be elected. In the case of an equal number of votes, if the winner cannot be determined, the candidate with an equal number of votes shall be voted again to be elected.
Thirty-fourth when the number of elected representatives who have won more than half of the votes is less than the number of deputies to be elected, the insufficient number of deputies shall be elected separately. When another election is held, the list of candidates shall be determined in the order of the votes obtained in the first ballot. If only one person is selected, there should be two candidates, and so on.
Thirty-fifth in accordance with the provisions of the preceding paragraph, when the members of the owners' committee are elected separately, the candidate with the most votes shall be elected, but the number of votes obtained shall not be less than one third of the votes.
The results of the 36th election were announced on the spot. All the votes should be kept for future reference.
Article 37 The first owners' committee and its members shall be elected by the first meeting of the owners' congress. Three months before the expiration of the term of office, the previous owners' committee shall organize a general election to elect the owners' committee and its members.
The list of owners' committees and their members shall be reported to the local property administrative department for the record.
Thirty-eighth within ten days after the expiration of the term of office of the owners' committee, the original owners' committee shall hand over the files and financial materials formed during the term of office to the new owners' committee and handle the handover procedures.
Thirty-ninth members of the owners' committee are directly supervised by all owners.
In any of the following circumstances, the membership of the owners' committee shall be terminated, which shall be proposed by the owners' committee and confirmed by the owners' general assembly:
1, no longer owned by the owner;
2. Being absent from the meeting of the owners' committee for more than three times within one year;
3, due to illness and other reasons and lost the ability to perform their duties;
4. Being judged by the people's court to constitute a crime;
5. Submit resignation to the owners' committee in writing;
6 as a property management enterprise within the jurisdiction;
7, do not comply with the property management regulations, the owners' convention or refuse to perform the obligations of the owners;
8, other reasons are not suitable for the owners' committee.
If the membership of the owners' committee is terminated, it shall hand over the archives, seals and other property or materials belonging to the owners' assembly to the owners' committee within 3 working days from the date of termination.
Fortieth owners who hold more than 10% of the voting rights in the property management area may propose to recall the elected members.
Article 41 The reasons for the recall shall be clearly stated in the recall case. A member who is required to be removed from office has the right to defend himself at the owners' meeting or in writing.
Article 42 The recall of members of the owners' committee shall be decided by the owners' congress. The recall shall be carried out by real-name voting, which shall be passed by more than half of the owners present.
Article 43 When a member of the owners' committee is dismissed or vacant, a by-election shall be held at the next meeting of the owners' congress. When the number of vacancies exceeds a quarter, an interim owners' meeting shall be held within one month for by-election.
Forty-fourth the owners' committee shall perform the following duties in addition to the duties stipulated by laws and regulations and the owners' convention:
1. Draw up the annual financial budget and final accounts of the owners' committee and submit them to the owners' meeting for decision;
2. Draw up the use and income plan of * * * parts and * * * facilities and equipment for residential property, and report it to the owners' meeting for decision;
3 to deal with the opinions of the owners, property users and property management companies on residential property management;
4, in violation of the "owners' convention" behavior investigation and coordination.
Article 45 The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director and held at the end of each month. With the approval of more than three members, or when the director thinks it is necessary, an interim meeting shall be held. The meeting of the owners' committee must be attended by more than two thirds of the members, and the decision must be agreed by more than half of all the members of the owners' committee. The owners' committee meeting may invite property management enterprise personnel to attend.
Forty-sixth decisions of the owners' committee meeting are binding on all owners and property users, and civil liabilities shall be borne by all owners. If the illegal decision of the owners' committee causes economic losses, the responsible person shall bear civil liability.
The decision of the meeting of the owners' committee shall be announced to all owners in writing. The contents of the meeting of the owners' committee shall be recorded and signed by the members attending the meeting.
Article 47 The owners' committee must clarify the division of labor among its members and its subordinate ministries, and the executive secretary shall be responsible for the minutes of the owners' meeting and the owners' committee.
Forty-eighth owners' committee shall regularly exchange views with property management companies in the form of consultation meetings, negotiate to solve the contradictions and problems encountered in property management services, or check the implementation of management service plans and measures. , at least once a quarter, or in conjunction with the owners' committee meeting.
Article 49 The seal and special financial seal of the owners' committee shall be kept by a special person appointed by the owners' committee, and a corresponding management system shall be formulated. Those who violate the provisions on the use of seals and cause economic losses and adverse effects shall be investigated for responsibility.
Fiftieth after the establishment of the first owners' committee, it shall receive the following original files from the construction unit or property management enterprise and keep them properly:
1, residential completion plan, single building, structure, equipment completion plan, supporting facilities, underground pipe network project completion plan and other completion acceptance data;
2, public facilities, equipment installation, use and maintenance of technical information;
3, property quality warranty documents and property instructions;
4. Other materials required for property management.
Article 51 The office of the owners' committee shall set up a ballot box and a suggestion box. The ballot box is used for voting at the meeting of the owners' congress; The suggestion box is the place where owners put forward opinions and suggestions on property management and other issues. The owners' committee shall designate a special person to handle the opinions and suggestions of the owners in the suggestion box every week.
Chapter V Office Space and Financial System of Owners' Committee
Fifty-second residential areas shall set up an office of the owners' committee, which shall be responsible for the daily work of the owners' committee and convene meetings of the owners' committee.
Article 53 The owners' committee shall, in accordance with the provisions of laws and administrative regulations, establish the financial system of this community, and shall establish account books to record the income and expenditure accounts in detail, and designate special persons to be responsible.
Article 54 According to the relevant provisions of the state, the expenses for the meeting activities of the owners' committee and the expenses necessary for the interests of all owners shall be decided by the owners' congress. The above funds shall be borne by all owners of the community.
Activity funds can be extracted from the * * * part of the community, the operating income of * * facilities and equipment or donations from people from all walks of life. The way to raise the insufficient part is proposed by the owners' committee and reported to the owners' meeting for discussion and decision.
Article 55 The funds for the activities of the owners' committee shall not be used for irrelevant or unnecessary expenses related to residential property management, but mainly used for the following aspects:
1, meeting expenses of owners' assembly and owners' committee;
2. Necessary daily office expenses;
3. The cost of organizing various literary, sports and cultural activities in the community;
4. Other necessary expenses for the public interest of all owners of the community.
The accounts of the funds for the activities of the owners' committee shall be publicized in the community once every three months and subject to the supervision of the owners. The financial statements of the owners' committee shall be made public 30 days before the annual meeting of the owners' congress for all owners to consult.
Article 56 The assets of the owners' committee shall not be stored in an account in the name of any individual.
Chapter V Supplementary Provisions
Article 57 The term "user" as mentioned in the Articles of Association refers to the lessee of the property and other people who actually use the property.
The term "property" as mentioned in these Regulations refers to houses and their ancillary equipment, facilities and related sites;
Residential areas as mentioned in these Regulations refer to relatively independent areas where property management is uniformly implemented.
Article 58 The Articles of Association shall come into effect after being reviewed and approved by the first owners' meeting. Matters not covered in the Articles of Association shall be implemented in accordance with China laws, regulations and relevant property management regulations.
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