Length of service of owners' committee

A few years, the owners' committee.

As an important part of the owners' autonomous organization, the owners' committee plays an important role in property management. According to the policy document issued by the Ministry of Housing and Urban-Rural Development, the term of office of the industry committee is generally not more than five years, and the specific term of office is stipulated by the owners' congress in the rules of procedure, but it can be re-elected.

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

Second, what are the characteristics of the owners' committee?

(1) The owners' committee is elected by the owners' meeting. The owners' committee is the permanent organization and executive body of the owners' congress, and its behavior should be responsible to the owners' congress. Therefore, the owners' committee should also be elected by the owners' congress to reflect the wishes of the vast majority of owners.

(2) The scope of activities of the owners' committee should be the owners' self-management of the property, that is to say, the purpose of the owners' committee is to make the owners have a permanent institution to exercise the self-management right of the property, so that the opinions of the owners can be unified and implemented in specific property management matters. The owners' committee cannot conduct business activities other than signing property management contracts, and it is not an entity for business purposes. At the same time, the owners' committee shall not engage in non-operating activities unrelated to property management.

(3) The owners' committee represents and safeguards the legitimate rights and interests of all owners. As the permanent organization and executive body of the owners' congress, the owners' committee should be responsible to the owners' congress, that is, to all owners. The owners' committee should represent and safeguard the rights and interests of all owners, and should not be dominated and controlled only by big owners. Similarly, the owners' committee should not be manipulated by a large number of small owners to resist and crowd out big owners. Moreover, the owners' committee should safeguard the legitimate rights and interests of owners, and all its actions and decisions should be within the scope stipulated by laws and regulations. As far as the owners' committee is concerned, although it represents the rights and interests of the owners, the mandatory and prohibitive provisions of laws and regulations have legal effect and significance higher than the will of the owners.

(4) The owners' committee shall be registered by the real estate administrative department. The registration and special management of the owners' committee is a typical embodiment of the institutionalization of owners' self-management in the property area. Owners' committee is not an idle organization established by owners in vain, it has its own legal status and legal significance, is a fixed legal organization, and has specific legal responsibilities.

3. What is the goal of the owners' committee?

From the emergence and development of the owners' committee, we can see that the goal of the owners' committee is to protect the property rights of the owners, safeguard and realize the public interests of the community owners, and manage public affairs closely related to the owners. From the perspective of interests, it is mainly to maintain the local preservation and appreciation of property, the owner's property rights, and the common interests formed in common life. From the perspective of public affairs governance, it mainly involves three aspects: the management of community public affairs by the owners' Committee itself, including the relationship between the owners' Committee and the owners, and the relationship between the owners; The relationship between owners' committee and property management enterprises in property management services, the conflict and negotiation between owners' committee and developers in housing property rights, and the cooperation between owners' committee and residents' committee in community public affairs governance; The action of the owners' committee to express the interests of the government.

To sum up, the term of office of the owners' committee is not clearly defined in our laws, but only broadly defined. Because the owners' committee is a non-governmental autonomous organization and formed spontaneously, the term of office is determined according to the internal meaning.