The Position of Owners' Committee in Property Service Management

What position does the owners' committee occupy in property service management? What is its relationship with other relevant institutions?

(A) the relationship between the owners' committee and the owners' congress

Owners' Congress refers to a * * organization composed of all owners in a property management area, which represents and safeguards the legitimate rights and interests of all owners in property management activities in the property management area. Article 8 of China's "Property Management Regulations" stipulates: "All owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. "

The Property Management Regulations also stipulate that the owners' committee is the executive body of the owners' congress. This shows that the owners' committee has implemented many matters of the owners' meeting. For example, the owners' meeting decides the choice of the property management company, and the property service contract is signed by the owners' committee. The owners' congress shall supervise the specific work of the owners' committee. Candidates for members of the owners' committee are also elected and replaced by the owners' congress.

(B) the relationship between the owners' committee and the property management enterprise

Property management enterprises accept the entrustment of owners or owners' management committees according to contracts, and carry out professional management of properties according to laws or contracts, which is an important subject in the legal relationship of property management. The relationship between the owners' committee and the property management enterprise is mainly reflected in the property service contract.

Property service contract refers to the contract signed on behalf of all owners and the property enterprise selected by the owners' congress after the establishment of the owners' committee. As an agreement between the owners' committee and the property management enterprise, the property service contract is the agreement basis of property management in the market economy. The property management enterprise shall be selected by the owners' congress, and the property service contract shall be specifically signed by the owners' committee and the property enterprise. Due to the large number of owners and limited time and energy, property management needs the effective management of specialized property companies.

Therefore, the owners' committee signed a property service contract with the property enterprise on behalf of the owners, and entrusted the property enterprise to manage the property affairs related to the community. As the relative person of the entrustment contract, the owners' congress is the principal and the property management enterprise is the trustee. Both parties shall exercise their rights and perform their obligations in accordance with the stipulations of the realty service contract.

Although Article 15 of the Property Management Regulations stipulates that the owners' committee shall implement the relevant decisions of the owners' congress, that is, the owners' committee is the executive body of the owners' congress, we believe that the owners' committee is not an ordinary organization and cannot simply be regarded as the executive body of the owners' congress. Although the owners' committee is not the highest authority, its nature and status determine its key position and core role in property management because it is a permanent daily management organization. However, the current law does not clarify its legal status, which makes it in an unequal position with the owners and property management enterprises. Once a property service contract dispute occurs, whether the owners' committee, as the signing subject, has the right to participate in civil litigation as an independent litigation subject has become a controversial point in today's judicial practice.

We think defining it as "other organizations" can solve this problem well. First of all, based on the agency relationship between the owners' congress and the owners' committee, the powers of the owners' committee are granted by the owners' congress, and the owners' committee can act independently within the scope of its authorization. Secondly, the obligations and responsibilities arising from its behavior can be directly borne by the owners' meeting, which can solve the problem that the owners' Committee cannot bear the responsibility because it has no disposable real estate. Furthermore, defining the owners' committee as "other organizations" can conform to the rights and qualifications of other organizations in China's Contract Law and Civil Procedure Law, that is, the owners' committee can participate in civil litigation as a plaintiff.

In fact, on the other hand, it gives the owners' committee an independent plaintiff and defendant status, and the legal guarantee that the consequences can be borne by the owners' assembly. Therefore, if the law defines the owners' committee as "other organizations", it can not only solve the subject of litigation for the interests of owners, but also ensure the safety and stability of market transactions.

To sum up, we must not ignore the position of the owners' committee in real property management activities, and regard the owners' committee as the executive body of the owners' congress and ignore its legal status. As a party to property management matters, the owners' committee frequently participates in related litigation, and its position is very prominent. As mentioned above, defining it as "other organizations" can better exercise its functions and powers and participate in litigation on the basis of evidence.

(The above answers were published on 20 15-09-0 1. Please refer to the actual situation for the current purchase policy. )

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