Provisions of Civil Code on Industry Committee

Article 277 of the Civil Code: Owners may 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.

Article 280 The decisions of the owners' congress or the owners' committee are legally binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.

Duties of the owners' committee

The duties of the owners' committee are: to convene and preside over the owners' meeting; Hiring property management companies; Continue to raise and supervise the use and management of public maintenance funds; Review the annual work plan, budget and final accounts of the property management service fee proposed by the property management enterprise; Listen to the opinions and suggestions of owners and property users; Implement the resolutions and decisions of the owners' meeting.

The owners' committee refers to the executive body of the owners' congress, which is composed of representatives elected by the owners in the property management area. By implementing the decisions of the owners' congress, it represents the interests of the owners, reflects the wishes and requirements of the owners to all sectors of society, and supervises and assists the property service enterprises or other managers in fulfilling the property service contracts. Do not have independent legal personality.

Procedures for establishing owners' committees

1. According to the relevant regulations of our country, the owners' committee can be established when the occupancy rate of a residential area exceeds half. If the occupancy rate exceeds 30% and less than half, it must wait for five years to pay the property fee before it can be established.

2. After ensuring that the community meets the conditions for the establishment of the owners' committee, five or more owners can apply to the neighborhood office where the community is located for the establishment of the industry committee. Under normal circumstances, the street office will give an answer and assist the owners to set up a preparatory group.

3. After the preparatory group is completed, the property management company shall submit the list of owners to the office within 15 days, and then let the office hand over the information to the preparatory group. Team members must write the rules and procedures such as the owners' convention within one month, and then publicize them in the community.

4. Next, the preparatory group needs to recommend the members of the industry committee, and then submit the candidate information, the steps of the owners' meeting, the election method and other information to the office to apply for convening the owners' meeting.

5. Then notify the street office, the property management company and all the owners to vote, and finally make the voting public. Then take the relevant information to the real estate administrative department for registration, and finally take the record certificate to the police station for seal.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 277 of the Civil Code of People's Republic of China (PRC)

Establish, guide and assist owners' autonomous management organizations. Owners may establish 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.