The subject of legal relationship of property management

1. Who is the subject of the legal relationship of property management?

1, owner

The owner is the owner of the property. According to the status of property ownership, it can be divided into independent owners and differentiated owners. Independent ownership is a typical form of traditional real estate ownership, and the right form of owners in modern property field is generally differentiated ownership.

Owners enjoy the following rights: to accept the services provided by property management companies in accordance with the provisions of the property service contract; Propose to convene a meeting of the owners' congress and make suggestions on matters related to property management; Put forward suggestions on formulating and amending the owners' convention and the rules of procedure of the owners' congress; Participate in the owners' meeting and exercise the right to vote; Elect the chairman of the owners' committee and enjoy the right to be elected; Supervise the work of the owners' committee; Supervise property management enterprises to perform property service contracts; Have the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites; Supervise the management and use of special maintenance funds for * * parts of the property and * * facilities and equipment; Other rights stipulated by laws and regulations.

According to the property management regulations, the owners have the obligation.

2. Owners' meeting

The owners' meeting is composed of all owners in the property management area. A property management area establishes an owners' meeting. Owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located. The owners' congress represents and safeguards the legitimate rights and interests of all owners' congresses in the property management activities within the property management area.

When the building area of the property reaches a certain proportion, the first general meeting of all owners in the property management area will be held. Meetings of owners' congress are divided into regular meetings and temporary meetings. Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. The temporary meeting of the owners' congress is proposed by more than 20% of the owners and organized by the owners' committee.

The quorum of the owners' meeting shall be attended by the owners who hold more than 1/2 voting rights in the property management area.

The owners' congress has the following responsibilities: to formulate and revise the owners' convention and the rules of procedure of the owners' congress; Elect and replace members of the owners' committee and supervise the work of the owners' committee; Hiring property management companies; To decide on the use and renewal scheme of special maintenance funds, and supervise the implementation; Formulate and modify the rules and regulations on the use of * * * parts and * * * facilities and equipment, public order and environmental sanitation maintenance in the property management area; Other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' meeting.

3. Owners committee

The owners' committee is an organization that all owners in the property area implement autonomous management of the property. It is elected by the owners' congress, is the permanent executive body of the owners' congress, and is responsible to the owners' congress.

Members of the owners' committee shall be held by the owners, and their members shall not concurrently hold the positions of property management enterprises in the property area.

The duties of the owners' committee are as follows: to convene a meeting of the owners' congress and report on the implementation of property management; Sign a property service contract with the property management enterprise selected by the owners' congress on behalf of the owners; Timely understand the opinions and suggestions of owners and property users, and supervise and assist property management enterprises to perform property service contracts; Supervise the implementation of the owners' convention; Other duties entrusted by the owners' meeting.

2. What are the owners' rights stipulated in the property management regulations?

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Third, the basic steps of changing property rights

1. The community should set up the owners' committee first.

2. If the property management entrustment contract with the property management company has expired, the owners' committee will notify the property management company to quit, and the owners' committee will hire a new property management company.

3. If the property management entrustment contract with the property management company has not expired, the owners' committee shall notify the property management company to terminate the contract through consultation. If negotiation fails, bring a lawsuit to the local court to demand the dissolution of the property management contract. After the judgment takes effect, a new property management company will be hired.

Now it is a legal society, and many things closely related to life are inseparable from the law, so we should know some legal knowledge.