The owner and the industry Committee tore it up. What are the conditions for dissolving the industry Committee?

Nanjing has a community owner who pulls a banner to condemn the industry Committee. What should the owners' committee do in such a bad situation? Can you just remove it?

Event review: the owner of a residential area in Nanjing accused the industry Committee of signing a contract with the property "privately"

It is understood that several owners of Nanjing Tianzheng Lakeside Community held banners and shouted: The Industry Committee refused to talk with the owners for a long time and decided to sign an agreement on behalf of the owners without authorization. For such inaction and confusion, we demand that they be removed from the industry Committee!

According to an owner, she lived here for eight years and never knew the composition of the members of the industry Committee, but "in April, we learned that the industry Committee would use a high maintenance fund, and now we have signed a three-year contract with Tianzheng Property against everyone's wishes."

On June 1 this year, the three-year service contract signed by the industry committee and the property management company was publicized in the community window, and the voice of the owners' opposition reached its climax. However, referring to the owner's protest, Sun, the current director of the community industry Committee, responded, "They do not represent most owners."

Owners can't represent most owners? Is it okay for the industry Committee? What is the relationship between the owner and the industry Committee? Today's guide to buying a house will give you a good talk. If the owner asks to remove the industry Committee, what conditions are needed?

What is an industry Committee?

The full name of the industry Committee is the owners' Committee, which refers to the organization elected by the owners to represent the interests of the owners. It is a special form for owners to exercise management power. The owners' committee is elected by the owners or owners' assembly, and generally consists of 5 to 1 1 person.

Establish the owners' committee according to the procedures stipulated in the Property Law, the Property Management Regulations and relevant local measures; It is also possible for the owners to elect their own building committees by building, and then each building Committee will elect representatives to form an industry Committee.

What rights does the owners' committee have?

The power base of the owners' committee is its ownership of the property, which represents all the owners of the property and has the right to decide all major matters related to the property.

The rights of the owners' committee are mainly embodied in three aspects: decision-making power, deliberation power and supervision power.

Specifically, the decision-making power of the owners' committee is mainly embodied in: deciding to hire or dismiss the property management company, and signing the property management service contract with the property management company on behalf of the owners; If it is necessary to use property maintenance funds, decorate properties, repair or update equipment, it must be approved by the owners' committee.

The second is the right of deliberation, which is actually an integral part of the decision-making power. Because the proposal submitted to the Committee has been deliberated, and the conclusion of deliberation is also a decision. Matters considered by the owners' committee include: management fee budget, monthly, quarterly and annual financial and accounting statements, monthly and annual work reports and work plans of the management company, etc.

Finally, exercising supervision is also an important function of the owners' committee, which is mainly manifested in the supervision of the management company's work. The exercise of supervision power is mainly: to supervise and manage whether the company's expenses are reasonable and appropriate; Supervise and manage whether the company's work can achieve the goal.

Have the right and obligation, according to the "property management regulations":

The owners' committee shall implement the matters decided by the owners' congress and perform 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 the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Going back to the above events, did the industry Committee do the right thing?

First of all, the industry committee has the decision-making power, representing the interests of the majority of owners, and can decide the use of property management fees.

However, the use of maintenance funds, the industry Committee and the property company signed a contract must be publicized. The Property Law clearly stipulates that an interim owners' meeting needs to be held within 30 days after the motion is put forward, and a notice of the meeting needs to be served to the owners 15 in advance, clearly stating the meeting mode.

Moreover, as long as 20% of the owners of the community, or even a dozen owners, ask for a owners' meeting, the industry Committee must also meet it. However, the industry Committee in the incident obviously did not communicate effectively with the owners, and at the same time, it did not fulfill its obligations in the process of exercising its rights.

So what conditions do you need to meet to remove the owners' Committee?

According to the Ministry of construction "on the issuance of

It should be pointed out that the members or directors of the owners' committee can be removed without the proposal of the owners' committee or the proposal of more than 20% of the owners, and whether they can be removed finally must be decided by the owners' meeting. According to the regulations, the resolution made by the owners' meeting can only take effect if at least the owners with voting rights of 1/2 or more in the property management area are present and more than half of the voting rights of the owners present at the meeting are passed. At the same time, but also in written form in the property management area announcement. Only through this series of procedures can the dismissal procedure of the owners' committee or director be legal and effective.

The chairman of the owners' committee may also be removed through written consultation, but more than 50% of the owners are required to participate; If the number of directors who agree to recall the owners' committee reaches more than half of the owners who participated in the negotiation, the recall will be successful. The owners' congress shall announce the voting results of the owners' congress and file with the competent department.

(The above answers were published on 20 16-06-07. Please refer to the current actual purchase policy. )

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