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Can the neighborhood Committee bear the responsibility without the industry Committee?
Legal analysis: First, it is the owner's own right to set up the owners' assembly and owners' committee. The purpose of establishing owners' assembly and owners' committee is to enable all owners in the property management area to manage and operate their own properties in accordance with national and local laws and regulations (by hiring professional property management companies) by formulating and abiding by the same contracts and rules, so as to improve the living environment of the community and the quality of life of the owners, and thus achieve the purpose of maintaining and increasing the value of the residential properties. Second, the establishment of the owners' congress and the election of the owners' committee are also expressly stipulated by national laws. If the owners' meeting or owners' committee is not established when the conditions are met, the local housing management administrative department shall supervise or force the establishment. (For example, once the community is over five years old, an owners' committee must be established. This is because the law stipulates that the maintenance fund must be used after five years, and government departments will also force the community to set up owners' committees. Third, it is also necessary for all owners to set up owners' meetings and owners' committees. There is no owners' assembly and owners' committee in the community, and there is no subject of property management, so it is impossible to effectively exercise the right of supervision and interaction with the property management company hired by the community, manage and use the resources such as the maintenance funds of the community, and safeguard the legitimate rights and interests of the owners according to law and ensure the quality of life of the community.
Legal basis: Article 280 of the Civil Code of People's Republic of China (PRC), the decisions of the owners' assembly or owners' committee are legally binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.
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