Job Recruitment Website - Property management company - The rights and obligations of industry committees are prescribed by law.
The rights and obligations of industry committees are prescribed by law.
What qualifications does the owners' committee have?
The owners' committee is elected by the owners' meeting, and consists of 5 to 1 1 person. Members of the owners' committee shall be the owners within the property management area and meet the following conditions:
(1) Having full capacity for civil conduct;
(2) Abide by the relevant laws and regulations of the state;
(three) abide by the rules of procedure and management regulations of the owners' congress, and perform the obligations of the owners in an exemplary manner;
(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency;
(5) Having certain organizational ability;
(6) Having necessary working hours.
Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies. The power base of the industry 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 owners' committee is elected by the owners' congress or the owners' congress for a term of 2-3 years, and may be re-elected. Members of the owners' committee shall be held by the owners, and the directors and deputy directors of the owners' committee shall be elected from among the members of the owners' committee. Generally speaking, a property management area establishes an owners' committee, which is composed of 5- 15 people according to the size of the property management area. For example, Beijing's new regulations: the occupancy rate of commercial housing and affordable housing exceeds 50%, or if the first household has lived in a newly-built residential area for 2 years, an owners' committee can be established.
Relationship between Owners' Committee and Property Management Company
The owners' committee and the property management company implement the management system of combining owner autonomy with professional management, and there is a certain legal and economic relationship between them.
Legally speaking, the owners' committee and the property management company are the relationship between the principal and the client, and the relationship between employment and employment. Legally, the owners' committee has the right to entrust or not to entrust, and to hire or not to hire; Property management companies also have the right to accept or not accept entrustment, employ or refuse employment, both of which are equal.
In terms of economic relations, property management companies are paid for providing property management services, and they should also receive corresponding remuneration while providing certain services; Similarly, car owners have to pay the corresponding fees after receiving the service.
Property management companies are responsible to the owners' committee and owners, and accept supervision; The owners' committee and the owners shall assist the property management enterprises to carry out their work and pay various fees. The two sides are also equal in economic relations.
Legal basis:
Guiding Rules of Owners' Congress and Owners' Committee
Article 35 The owners' committee shall perform the following duties:
(a) to implement the decisions and resolutions of the owners' congress;
(two) to convene a meeting of the owners' congress and report on the implementation of property management;
(3) Signing a realty service contract with the realty service enterprise selected by the owners' congress;
(four) 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;
(five) the implementation of supervision and management regulations;
(six) to urge the owners to pay property service fees and other related expenses;
(seven) to organize and supervise the collection and use of special maintenance funds;
(eight) to mediate disputes between owners due to the use, maintenance and management of property;
(nine) other duties entrusted by the owners' congress.
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