Interpretation of People's Republic of China (PRC) Property Law: Article 75.

Article 75 An owner may set up an owners' meeting and elect an owners' committee.

The relevant departments of the local people's government shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

● The main idea of the article

This article is about the establishment of owners' assembly and owners' committee.

● Legislative background

With the deepening of housing system reform in China, many residents have moved into new high-rise or multi-storey buildings, forming different residential quarters. Residents in residential areas have different opinions on how to manage buildings and their ancillary facilities and how to exercise the ownership of buildings, and hope that the property law will make provisions.

● Interpretation of the terms

Owners' congress is an autonomous organization of owners, based on the exercise of owners' building ownership. Composed of all owners, it is the management organization of buildings and their ancillary facilities within the building division. Therefore, as long as the owners are in the building division, they have the right to attend the owners' meeting, exercise the right of * * * and the right of * * * management in some areas other than the exclusive part, and make restrictions on the owners in the residential area to exercise the exclusive part ownership, so as to safeguard the legitimate rights and interests of all owners in the building division. Therefore, the first paragraph of this article stipulates that owners may set up owners' meetings. If there are a large number of owners in a building division, an owners' committee can be established for the building or all buildings in the building division. Therefore, the first paragraph of this article further stipulates that the owners may "elect the owners' committee". The owners' committee is the executive body of the owners' meeting of all buildings in this building or building division, and performs management duties according to the decisions of the owners' meeting. According to the property management regulations, the responsibilities of the owners' committee mainly include: (1) convening the owners' meeting; (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. The owners' committee shall, within thirty days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located.

As the owners' congress is an autonomous organization of the owners, its establishment should be prepared and established by the owners themselves. However, in a building division, the owners live in different places and don't know each other. The time for people to live comes first, and some are separated by several years. Therefore, it is difficult for owners to set up owners' meetings. According to the survey, only about one-third of the existing property communities in Beijing have established owners' meetings. Owners' meeting has been established in Henan province, accounting for about 10% of the property community. The establishment of the owners' meeting is related to how the owners exercise their rights, safeguard their legitimate rights and interests, the immediate interests of the owners, the stability and unity within the building division, and even the social stability. In this regard, the second paragraph of this article stipulates that the relevant departments of the local people's government should give guidance and help to the establishment of the owners' meeting and the election of the owners' Committee. The relevant departments of the local people's government shall give guidance to the owners who are going to set up the owners' meeting, provide relevant laws, regulations and rules, provide the experience of setting up the owners' meeting, help to set up the preparatory organization, provide the rules of procedure of the owners' meeting and the model text of the owners' management convention formulated by the government departments, coordinate the different opinions among the owners, provide the necessary related activity venues before the owners' meeting is established, and actively participate in the establishment meeting of the owners' meeting.