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Conditions for the establishment of community industry committees
First, the occupancy rate of the community has reached more than 50%. Theoretically speaking, only when the occupancy rate reaches more than half can it be proved that the owners' committee represents the interests and requirements of most owners in theory.
Two, the first batch of property delivery for 2 years, and the occupancy rate of more than 30%. In reality, developers may have a large planned building area and a low occupancy rate for the first batch. In view of this situation, it can also be achieved as long as the conditions for the establishment of the first batch of owners' committees with occupancy rate exceeding 30% and having been used for two years are met.
Main Committee.
Three, the first batch of property fees paid for more than 3 years. In reality, the debt crisis of developers is not ruled out. After the development of the first batch of projects, other batches cannot be developed, but the restructuring cannot be completed for the time being. The first owners' committees that have paid property fees for more than three years can also apply for establishment as long as they meet the conditions for establishment. Article 9 of the Property Management Regulations stipulates that an owners' meeting shall be established in a property management area. The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Article 10 stipulates that the owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.
Article 277 of the Civil Code stipulates that 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.
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