Excuse me, can the property management Committee be formed by the owners spontaneously? How to manage the property management company after the establishment of the property management Committee?

Article 1 In order to guide the owners' congress and owners' committee to carry out their activities in a standardized and orderly manner, safeguard the legitimate rights and interests of owners and promote the construction of harmonious communities, according to the Property Law of People's Republic of China (PRC) and the Property Management Regulations,

Article 2 These Rules shall apply to the establishment of the owners' congress and the election of the owners' committee within the administrative area of this Municipality.

Article 3 Sub-district offices or town people's governments shall take the lead in organizing the convening of the owners' congress and the establishment of the owners' committee in their respective jurisdictions, and guide and supervise the daily operation of the owners' congress and the owners' committee.

Chapter II Owners

Article 4 The term "owner" as mentioned in these Detailed Rules refers to the owner of the house, that is, the obligee recorded in the house ownership register (including the obligee who has actually registered the commercial house).

Article 5 Owners may exercise the following management rights:

A, through the owners' meeting to exercise the management rights of some properties * * * *;

Two, supervise the realty service enterprise to perform the realty service contract (prophase realty service);

Three, according to the procedure proposed to convene a meeting of the owners' congress, to participate in the meeting of the owners' congress, to exercise the right to vote;

Four, put forward suggestions to formulate and modify the management regulations and the rules of procedure of the owners' congress;

Five, the election of members of the owners' committee, and enjoy the right to be elected;

Six, supervise the work of the owners' committee;

Seven, publicity * * * property management matters within the property area, put forward opinions and suggestions to the property service enterprises;

8. Enjoy the right to know and supervise the use of * * * parts, * * facilities, equipment and related sites of the property;

Nine, supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;

Ten, stop the infringement of the interests of the owners of * * *;

Eleven, that the owners' congress, the owners' committee made a decision against their legitimate rights and interests, have the right to bring a lawsuit to the people's court according to law;

Twelve, other rights stipulated by laws and regulations.

Article 6 The owner shall undertake the following obligations:

First, abide by the relevant provisions of the property service (pre-property service) contract and pay the property service fee in full and on time;

Second, abide by the management statute and the rules of procedure of the owners' meeting;

Three. Abide by the rules and regulations on the use of * * * parts and facilities in the property area, and maintain public order and environmental sanitation;

Four, the implementation of the decisions made by the owners' congress and the owners' committee;

Five, pay special maintenance funds in accordance with the relevant provisions;

Six, other obligations stipulated by laws and regulations.

Chapter III Owners' Meeting

Article 7 A general meeting of owners shall be established in the property area. The owners' congress is composed of all owners in the property area, representing and safeguarding the legitimate rights and interests of all owners in property management activities.

Article 8 The owners' congress shall perform the following duties:

First, formulate and revise the management statute and the rules of procedure of the owners' meeting;

2. Elect or replace members of the owners' committee and supervise the work of the owners' committee;

Three. Deciding to renew, select and dismiss the realty service enterprise, and deliberating and approving the realty service contract to be signed by the owners' committee;

Four, decide the use of special maintenance funds, continue to raise plans, and supervise the implementation;

Verb (abbreviation of verb) decides to rebuild and rebuild buildings and their ancillary facilities;

Six, decided to raise funds for the activities of the owners' congress and the owners' committee, and supervised the use;

Seven, formulate and modify the rules and regulations for the use of * * * parts and * * * facilities and equipment, and maintain public order and environmental sanitation in this property area;

VIII. Formulate and modify the income distribution plan for the * * * part of the property and the * * * facilities and equipment in the property area;

Nine, other duties related to property management as stipulated by laws, regulations and the rules of procedure of the owners' meeting.

Ninth in the property area, the exclusive part of the property that has been delivered for use accounts for more than half of the total construction area, and the number of owners accounts for more than half of the total number, and the owners' committee shall be elected in time.

Article 10 Within 30 days after meeting the conditions stipulated in the preceding article, the construction unit shall inform the neighborhood office or the town people's government where the property is located in writing. The construction unit and the realty service enterprise shall actively cooperate with the convening of the first meeting of the owners' general assembly, and provide the list of owners and other relevant materials needed for convening the meeting of the owners' general assembly to the neighborhood office or the town people's government where the property is located in a timely manner.

If the construction unit fails to inform in writing in time, more than five owners in the property area may jointly inform the neighborhood office or the town people's government where the property is located in writing.

Eleventh street offices or town people's governments shall, within 30 days after receiving the written notice from the construction unit or the written request from the owners, be responsible for organizing the establishment of the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group). The preparatory group consists of five to nine members, including one representative from the subdistrict office or town people's government, one representative from the community neighborhood committee, one representative from the construction unit or the property service enterprise, and two to seven representatives from the owners. The head of the preparatory group is the representative of the street office or the town people's government.

The representatives of the owners in the preparatory group are determined by the sub-district offices or the town people's government among the owners who meet the conditions and are willing to participate in the preparatory work. After the list of members of the preparatory group is determined, it shall be publicized in the property area for not less than 7 days.

Community neighborhood committees should do a good job in the publicity of relevant laws and regulations in the property area, and guide the owners to participate in the establishment of the owners' meeting according to law.

Twelfth owners' representatives in the preparatory group shall meet the following conditions:

1. has full capacity for civil conduct;

Second, abide by the management regulations, fulfill the obligations of the owners, and do not owe property service fees and other related expenses;

Third, law-abiding, enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency;

Fourth, have certain organizational ability;

5. There are necessary working hours.

Article 13 The duties of the preparatory group are:

First, determine the time, place, form and content of the first owners' meeting.

Two, the drafting of management regulations, rules of procedure of the owners' congress.

Three, to verify the identity of the owners, the number of owners, the area of the exclusive part, to determine the ballot papers, voting votes, counting, counting, scrutineers. The scrutineers are dispatched by the sub-district offices or the town people's government.

Four, determine the way to produce candidates for members of the owners' committee.

Five, determine the candidates for the first session of the owners' committee.

Six, complete other preparations for the first meeting of the owners' congress.

Article 14 The management statute shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners shall perform and the responsibilities that they shall bear if they violate the management statute. Management regulations are binding on all owners. Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.

Article 15 The rules of procedure of the owners' congress shall stipulate the discussion methods and voting procedures of the owners' congress, the composition and general election of the owners' committee, the qualifications, responsibilities and term of office of the members, the convening of an interim meeting of the owners' congress, the operation mode of the owners' committee, the management of the owners' committee, the activities funds of the owners' committee and other matters.

Article 16 The management statute and the rules of procedure of the owners' meeting may restrict the voting rights of the owners who have not paid the property service fees and related fees in property management, or commit other acts that infringe the interests of the owners.

Seventeenth candidates for members of the owners' committee should take into account different property types and different buildings. The preparatory group shall determine the number of candidates for membership according to the specific conditions of the property area.

Candidates for members of the owners' committee may be recommended jointly by more than ten owners or by the preparatory group. The preparatory group shall examine the qualifications of the candidates for membership and finally determine the list of candidates.

Eighteenth candidates for members of the owners' committee shall meet the following conditions:

1. Owners in the property area;

2. Have full capacity for civil conduct;

3. There is no violation of the rights and interests of other owners and public interests in the property area;

Four, I, my spouse and their immediate family members did not implement management services in the property area of the property service enterprises;

5. Abide by the management statute and the rules of procedure of the owners' congress, fulfill the obligations of the owners, and do not default on property service fees and other related expenses;

Six, law-abiding, enthusiastic about public welfare undertakings, a strong sense of responsibility, fair and decent, with a certain degree of credibility;

Seven, have certain organizational ability;

Eight, a written commitment to actively, timely and fully perform their duties;

9. Necessary working hours.

Article 19 The preparatory group shall announce the following matters in a prominent position in the property area 15 days before the first owners' meeting, and the announcement time shall not be less than 7 days:

1. Notice of the first owners' meeting;

Two, the rules of procedure of the owners' congress (draft), management statute (draft);

Three, the number of owners and the exclusive part of the area list;

Four, the owners' committee candidate selection method;

5. List and introduction of candidates for members of the owners' committee.

If the owner does not live in the property area, he shall entrust the personnel in the property area to convey the contents of the announcement to him in advance. If the owner has any objection to the number of owners and the area of exclusive parts, it shall submit it to the preparatory group in writing within the announcement period, and the preparatory group shall conduct a review and inform the objector of the review results.

Twentieth the preparatory group shall convene the first meeting of the owners' congress within 30 days after the publication of the list of candidates for members of the owners' committee.

If the preparatory group fails to hold the first meeting of the owners' congress within the prescribed time limit, it shall reorganize the preparatory work in accordance with these rules.

Twenty-first members of the owners' committee shall be elected at the first meeting of the owners' congress after deliberation and adoption of the rules of procedure and management regulations of the owners' congress. The list of members of the owners' committee shall be publicized in the property area for not less than 7 days.

Twenty-second owners' meeting can be in the form of collective discussion, but also in the form of written comments. Written comments, the owners' committee shall organize the issuance and recovery of written votes, and do a good job of signature registration.

Twenty-third to determine the identity of the owner and the exclusive part of the construction area, should be based on the housing ownership register or other valid documents that can prove their legitimate ownership.

If a single owner owns more than one person or several people own the exclusive part of the property, the number of owners shall be calculated as one person; If several people * * * own exclusive part of the property, the * * * person shall determine in writing that one person shall exercise the right to vote.

Article 24 If the owner is a non-natural person, he shall entrust a representative in writing to attend the owners' meeting.

If the owner entrusts other owners in the property area to attend the owners' meeting in writing, the power of attorney shall specify the specific matters and authority entrusted. The specific number of owners who can represent other owners at the same time shall be determined in the rules of procedure of the owners' congress. Owners without or with limited capacity for civil conduct shall be represented at the owners' meeting by their guardians.

If the owner fails to attend or entrust others to attend the meeting of the owners' congress, it shall be deemed as a waiver. The owners who abstain from voting shall obey the decision of the owners' meeting.

Twenty-fifth the number of owners of the same type of property is large, and owners' groups can be set up with buildings, units or floors as units to elect owners' representatives to participate in each group. The owners' representatives shall, three days before the meeting of the owners' general assembly, solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' general assembly. If a vote is needed, the owners' representative shall submit the specific votes of the owners' approval, opposition and abstention to the owners' meeting for the record.

Twenty-sixth owners' congress decided to raise and use special maintenance funds, and decided to rebuild and rebuild buildings and their ancillary facilities, should be approved by the owners whose exclusive parts account for more than two-thirds of the total area of the building and more than two-thirds of the total number of people.

Formulating and amending the rules of procedure of the owners' congress, formulating and amending the management regulations, electing the owners' committee or replacing the members of the owners' committee, examining and approving the contents of the property service contract, selecting and dismissing the property service enterprises, and deciding on other major matters involving the management rights of * * * and * * * shall be subject to the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Before the voting item is formally adopted, it should remain unchanged.

Twenty-seventh owners' meeting is divided into regular meetings and temporary meetings. Regular meetings shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress.

Twenty-eighth in any of the following circumstances, the owners' committee shall timely organize an interim meeting of the owners' congress:

Written proposal of more than 20% owners in the property area;

Two, a major accident or emergency needs to be dealt with in time;

Three, other circumstances stipulated in the rules of procedure of the owners' congress.

In case of the first item of the preceding paragraph, the owners' committee shall organize a meeting of the owners' congress on the proposed topic within 20 days after receiving the proposal; The written proposal shall be accompanied by the sponsor's signature, telephone number and room number. The owners' committee has the right to verify the owner's identity and exclusive area of the proposer. If the proposer cannot verify the owner's identity, his proposal is invalid.

Article 29 The owners' committee shall announce the meeting notice, voting items and related materials in the property area 15 days before the owners' meeting, and the announcement time shall not be less than 7 days.

Chapter IV Owners' Committee

Thirtieth owners committee to implement the decisions of the owners' congress, accept the supervision of the owners, and perform the following duties according to law:

1. Convene and preside over the meeting of the owners' meeting on time, and report the implementation of the resolutions of the owners' meeting, the property management status and the work of the owners' committee;

Two, draft the rules of procedure and management regulations of the owners' congress, and submit them to the owners' congress for voting;

3. Draft the rules and regulations on the use of * * * parts and * * * facilities and equipment, public order and environmental sanitation maintenance in the property area, and submit them to the owners' meeting for voting;

4. Organize the general election of the owners' committee and the by-election;

Five, the implementation of the owners' meeting on the renewal, selection and dismissal of the realty service enterprise's decision, and is responsible for concluding and changing the realty service contract with the realty service enterprise;

The intransitive verb draws up the income distribution plan of the * * * used part of the property and the * * * used facilities and equipment in the property area, and submits it to the owners' meeting for voting;

Seven, urge the owners to pay the property service fee and other related expenses in full and on time;

Eight, the use of special maintenance funds, continue to raise the program, submitted to the owners' meeting to vote;

Nine, to develop the renovation and reconstruction plan of the building and its ancillary facilities, and submit it to the owners' meeting for voting;

Ten, urge the owners and property users to abide by the management regulations of the property area and other relevant rules and regulations;

Eleven, timely inform all owners of the relevant decisions of the owners' meeting, and be responsible for the implementation and organization;

Twelve, listen to the opinions and suggestions of the owners and property users on property management, supervise and assist the property service enterprises to perform the property service (pre-property service) contract;

13. Accept the guidance and supervision of sub-district offices or town people's governments and community neighborhood committees, actively cooperate with the community management in the property area, and coordinate the contradictions and disputes between the owners and the property service enterprises;

14. Cooperate with public security organs to do a good job in public security maintenance in the property area;

Fifteen, laws and regulations and other duties entrusted by the owners' meeting.

Article 31 The number of owners' committees is an odd number from 5 to 15, and the specific number is clearly stipulated in the rules of procedure of the owners' congress.

Article 32 The person in charge of the preparatory group shall organize the first meeting of the owners' committee within 3 days from the date when the members of the owners' committee are elected. The members shall elect a chairman and one to two deputy directors of the owners' committee according to the rules of procedure of the owners' congress.

Thirty-third the owners' committee elected for the first time shall, within 30 days from the date of election, submit the following materials to the neighborhood office or the town people's government where the property is located for the record:

First, the minutes and decisions of the owners' meeting;

Two, the rules of procedure and management regulations of the owners' congress;

Three, the list of members of the owners' committee and the basic situation;

Fourth, other relevant materials.

Sub-district offices or town people's governments shall, within 7 days after receiving the filing materials, issue a filing certificate to the owners' committee.

Thirty-fourth decisions made by the owners' committee authorized by the owners' congress, once published in the property area, are binding on all owners and property users in the property area.

Article 35 The owners' committee shall establish a meeting system of the owners' committee. Upon the proposal of more than one third of the members of the owners' committee or the chairman of the owners' committee, the owners' committee meeting shall be convened in time. The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director, and the meeting must be attended by more than half of the members, and the decision made shall be agreed by more than half of all the members. The decision made by the owners' committee shall be signed and confirmed by the members attending the meeting, and shall be announced within the property area within 3 days from the date of making the decision, and the announcement time shall not be less than 7 days.

Thirty-sixth more than two property areas use non-municipal roads or other supporting facilities and equipment, it should establish a joint meeting system of owners' committees. The joint meeting of the owners' committee shall be organized by the neighborhood office or the town people's government where the property is located.

Article 37 The owners' committee shall establish management files, mainly including the following materials:

First, the owners' committee for the record;

Second, the list of owners;

Three, the owners' meeting, the owners' committee meeting minutes;

Four, the owners' congress, the owners' committee's decision;

Five, the rules of procedure of the owners' congress, management regulations, property service contracts, other relevant rules and regulations of the property area, etc. ;

VI. Relevant laws, regulations and business documents;

Seven, the election and replacement of members of the owners' committee related materials;

8. Announcement and its supporting materials;

Nine, the opinions and suggestions of the owner;

X. other relevant materials.

Thirty-eighth owners' committee shall implement the tenure system, and each term shall be determined by the rules of procedure of the owners' congress, and may be re-elected. The owners' committee shall organize a meeting of the owners' congress three months before the expiration of the term of office, and the director of the owners' committee shall make a work report during the term of office and preside over the election of the new owners' committee.

Article 39 The general election of the owners' committee shall be organized by the original owners' committee. The election of new members shall be conducted in accordance with the rules of procedure of the owners' congress or the election method of the members of the first owners' committee. If the owners' committee fails to organize the general election within the specified time, the neighborhood office or the town people's government where the property is located may order the owners' committee to organize the general election within a time limit; If it is not organized within the time limit, the sub-district office or the Town People's Government shall organize the owners to hold a meeting of the owners' general assembly for the general election. Members of the original owners' committee who delay or obstruct the general election are no longer included in the list of candidates for new members.

Fortieth the person in charge of the original owners' committee shall, within 15 days from the date of the establishment of the new owners' committee, hand over the relevant files and materials kept by it and all the houses and properties owned by the owners' assembly, and do other handover work well. If it is not handed over within the time limit, it shall be ordered by the neighborhood office or the town people's government where the property is located to hand it over in time, and if losses are caused to the owners, it shall be liable for compensation.

Article 41 When a member of the owners' committee becomes vacant, a by-election shall be held in accordance with the rules of procedure of the owners' congress.

Forty-second members of the owners' committee shall be terminated in any of the following circumstances during their term of office:

One, because of property transfer, loss and other reasons no longer have the owner qualification;

2. Being found guilty by the judicial department;

Three, more than three consecutive absences from the owners' committee meeting;

Four, due to illness and other reasons to lose the ability to perform their duties;

Five, refused to fulfill the obligations of the owners, do not comply with the management regulations;

6. Submit resignation to the owners' meeting in writing;

Seven, I, my spouse and their immediate family members in the property area to implement the management of property service enterprises.

If the members of the owners' committee have one of the contents listed in the preceding paragraph, the owners' committee shall make an announcement in the property area for not less than 7 days. Where the duties of the members of the owners' committee are terminated, the relevant financial vouchers, files and other documents kept by them and other houses and property belonging to the owners' assembly shall be handed over to the owners' committee in time. If it is not handed over in time, the owners' committee may request the neighborhood office or the town people's government or the police station to give assistance.

Forty-third owners' committee record items change, the owners' committee shall, within 30 days from the date of change, go through the formalities for record change at the neighborhood office or the town people's government where the property is located.

Article 44 Where the owners' assembly and owners' committee are dissolved due to the regional change of the property, before dissolution, the owners' committee shall hand over the files and other materials to the neighborhood office or the town people's government where the property is located, and under its guidance and supervision, do a good job in the liquidation of the owners' property in accordance with the provisions of relevant laws and regulations.

Chapter V Guidance and Supervision

Forty-fifth owners' congress shall listen to the opinions and suggestions of the neighborhood offices or the town people's government where the property is located. Found in violation of laws and regulations or the rules of procedure of the owners' congress, management regulations, neighborhood offices or town people's government shall promptly guide them to correct.

Forty-sixth owners' committee failed to organize the owners' meeting on time, and after more than 20% of the owners made a written proposal, the neighborhood office or the town people's government where the property is located ordered to organize the meeting within a time limit; If it is not held within the time limit, the subdistrict office or the town people's government shall organize the owners to hold a meeting of the owners' general assembly. No other unit or individual may organize a meeting of the owners' congress.

Forty-seventh owners' congress and owners' committee shall perform their duties according to law and shall not engage in activities unrelated to property management. If the owners' committee fails to perform its duties, or the decisions made by the owners' congress and the owners' committee violate the relevant laws, regulations and management regulations of the state, seriously damage the legitimate rights and interests of the owners, or affect the stability of the community and society, the sub-district office or the town people's government shall order it to make timely corrections or directly revoke its decisions. If the decision made by the owners' committee without authorization causes economic losses to others, the member who signed the decision shall be liable for compensation. If the owners' committee authorizes or agrees to the decisions and matters handled and announced by the owners' meeting, which causes economic losses to others, all owners shall be liable for compensation.

Chapter VI Activity Expenses and Office Buildings

Forty-eighth owners' congress, the owners' committee to carry out the work of the funds borne by all owners; The specific contents such as the collection, management and use of fees shall be agreed by the rules of procedure of the owners' congress.

The cost of preparing for the first meeting of the owners' congress shall be borne by the construction unit.

The use of the working funds of the owners' congress, the owners' committee and the owners' committee shall be announced regularly in the property area, and the owners' questions shall be accepted.

Forty-ninth the activities of the owners' committee can be arranged in the property management room, and the owners' committee shall not occupy the property management room at will. The newly-built residential area has provided property management houses as required, which can be considered as a whole and the activities of the owners' committee can be arranged reasonably; The implementation of property management in the original residential quarters can be solved in the original housing or supplementary construction projects.