Establishment process of property management committee

The construction unit or more than five owners in a property management area shall jointly submit a written application to the local property management administrative department. After being audited by the property administrative department of the district where it is located, the preparatory group for the owners' meeting will be established if it meets the requirements. The preparatory group is responsible for drafting the rules of procedure of the owners' congress, the management statute and the election method of the owners' committee, which will be publicized for 7 days to solicit the opinions of the owners.

Legal analysis

Owners in the same property management area shall set up a general meeting of owners under the guidance of the administrative department where the property is located. The owners' meeting shall be composed of all owners and determine the rules of procedure, and then the property management committee shall be established in accordance with the corresponding provisions. I. Preparatory process of the Property Management Committee 1. Requirements for the preparation of the management committee: In residential areas where the occupancy rate of commercial housing exceeds 50%, or the occupancy rate is less than 50%, but the first-time tenant has lived for two years, the management committee shall be prepared and established according to the relevant regulations. 2. Establishment of the preparatory group: the selling unit and the management unit set up the preparatory group of the property management committee under the guidance and supervision of the State Land and Housing Management Bureau and the sub-district office where the property is located. 3. Formulate the articles of association of the management committee: the preparatory group of the property management committee formulates the implementation plan for establishing the management committee and drafts the articles of association of the property management committee. 4. Selection of candidate members: The preparatory group of the property management committee shall consult with representatives of the owners and users to recommend candidates for members of the management committee. If the candidate for the CMC member is a representative of the property right unit, his qualification shall be confirmed by the property right unit. Two. The process of setting up a property management committee 1. Filing of property management area: a management committee is set up based on the property management area, which can be divided by the selling unit and the management unit, and approved and registered by the district/county community office. The contents of property management area registration and filing shall include the following items: (1) area 4; (2) Total construction area; (3) details of supporting facilities and infrastructure; (4) Details of the property owner, etc. 2. Election and establishment of the management committee: The preparatory group of the management committee organized the first owners' meeting attended by all owners and users' representatives, deliberated and adopted the articles of association of the management committee, elected members of the management committee and established the management committee. 3. Plenary meeting of the management committee: The property management committee shall be established by announcement. The preparatory group shall post an announcement on the articles of association of the management committee, the candidates for members of the management committee and the election method of the management committee in a prominent position in the advertisement column and public places, and send it to all owners in writing. Within the time specified in the election method, the preparatory group does not get more than 50% of the total votes against it, and can apply to the community office for establishment. 4. Election of the director of the management committee: The property management committee held its first meeting to elect the chairman of the management committee, who must be the owner or the owner's representative. Three. Approval process of property management committee 1. Management Committee approval: after the election of the property management Committee, the preparatory group prepares relevant documents and materials, and goes through the approval procedures at the district and county offices. 2. Filing by the Management Committee: The district/county community office shall complete the examination and approval within 10 days from the date when all relevant documents and materials are submitted by the preparatory group, and report to the municipal community office for filing. 3. Signing and filing of the entrustment contract: Before the establishment of the CMC, if the selling unit selects the management unit to manage the residential property, after the establishment of the CMC, the CMC and the management unit shall re-sign the property management contract, and submit a copy of the contract to the district/county residential office for filing within 15 days from the date of signing.

legal ground

"Regulations on Property Management" Article 5 The construction administrative department of the State Council shall be responsible for the supervision and management of property management activities throughout the country. The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.