202 1 Conditions for Establishing Civil Code Trade Committee

Hello, in practice, the conditions for setting up owners' meetings and owners' committees in different regions are different. Taking Nanjing as an example, according to the Regulations of Jiangsu Province on Property Management and the Measures of Nanjing Municipality on Property Management, in the property management area, if the delivered property construction area reaches 50%, or the delivered property construction area reaches 30% but less than 50%, but it has been used for more than 1 year, the first owners' meeting shall be held under the guidance of the property management administrative department in the district, and the owners' committee shall be elected. Take Chengdu as an example. According to the relevant regulations of Chengdu Property Management Owners' Congress, if the sale of public housing reaches more than 1/2 of the total construction area, and the sale of commercial housing reaches more than 2/3 of the total construction area and has been completed and delivered 1 year, the owners should prepare to set up the owners' congress. Taking Beijing as an example, Beijing Zhengban [200 1] No.91stipulates: "If the occupancy rate of commercial housing and affordable housing exceeds 50%, or the first household has lived in a newly-built residential area for two years, an owners' committee shall be established; 1If the sales rate of housing reform exceeds 50% in the old community put into use before the end of 994, an owners' committee shall be established. " ; Taking Shanghai as an example, according to Article 7 of the Regulations of Shanghai Municipality on Residential Property Management, the owners' meeting is composed of all owners in a property management area. In a property management area, the building area of houses sold and delivered for use reaches more than 50%, or the first house is sold and delivered for use for two years, the first owners' meeting shall be held and the owners' meeting shall be established. Therefore, generally speaking, the Property Management Regulations and the Rules of Procedure of Owners' Congress only stipulate the establishment of owners' committees in principle, that is, the establishment of owners' congresses and owners' committees in residential areas requires that the sales area of houses reach more than half of the total construction area, but each region has further specific provisions according to the actual situation in the region.

legal ground

People's Republic of China (PRC) Civil Code

Article 277

Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

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

property management regulations

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.