Can an industry committee set up its own property management company?

1. Can the industry committee set up its own property management company?

1. According to the provisions of China's property law, the owners' committee has the right to manage the building and its ancillary facilities by itself, so the owners' committee can set up a property management company, but it must comply with the provisions of the company law.

2. Legal provisions: Civil Code

Article 284 The owner of the management subject of a building and its ancillary facilities may manage it by himself, or entrust it to a realty service enterprise or other managers.

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 285 Relationship between Owners and Property Services Enterprises or Other Managers The Property Services Enterprises or Other Managers shall, upon the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the Property Services Contract in Part III of this Law, accept the supervision of the owners, and promptly answer the owners' inquiries about property services.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Second, what rights does the owners' committee have?

The functions and powers of the owners' committee shall be stipulated in the articles of association of the owners' committee.

The rights of the owners' committee are based on the owners' ownership of the property. On behalf of the owners, the owners' committee has the right to make decisions on all matters related to the property. Although the owners' committee is established according to law, it has certain organization and property. However, it does not have legal personality. However, the owners' committee can file a lawsuit independently or respond in its own name, which belongs to the category of "other organizations" stipulated in Article 49 of China's Civil Procedure Law.

1, convene and preside over the owners' meeting;

2. Implement the resolutions of the owners' meeting;

3. Propose suggestions or other proposals to the owners' congress to amend the convention of the owners' congress and the articles of association of the owners' committee;

4. Possession, use and disposal of public property, and collection of public property income;

5. Possession, use and disposal of public maintenance funds, and collection of public maintenance fund income;

6. Collect and control property management fees;

7, with water, electricity, gas, heating and other suppliers, or with telephone, property management, cable TV, Internet and other service providers, or with law firms, accounting firms, notary offices and other social intermediary institutions to sign contracts, exercise contractual rights, perform contractual obligations, and assume possible legal responsibilities;

8. Hire the staff of the owners' committee, decide the remuneration of the staff of the owners' committee, exercise the labor contract rights, perform the labor contract obligations, and bear possible legal responsibilities;

9. Formulate and implement the community management system;

10. When the owner violates the convention of the owners' congress, the resolutions of the owners' congress, the basic management system formulated by the owners' congress, the management system formulated by the property management committee, or the public property is damaged, he shall file a lawsuit or a non-litigation procedure on behalf of all the owners.

The above knowledge is my answer to relevant legal questions. According to the provisions of China's property law, the owners' committee has the right to manage buildings and their ancillary facilities by itself, so the owners' committee can set up a property company, but it needs to comply with the provisions of the company law.