Duties and functions of trade committees

I. Duties and Functions of Industry Committee According to Article 278th of the Civil Code, the following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

Two. Where does the industry Committee's funds come from? 1. All owners can collect and share funds in proportion to the building area. The specific collection method is stipulated in the owners' convention or the rules of procedure of the owners' congress.

2. When signing a property service contract with a property management company, the agreed working expenses shall be borne by the property management company. For example, the office expenses of some owners' committees are divided into parking fees and office expenses of property companies, mineral water expenses for holding owners' meetings, pen, ink and paper for publicity notices, typing expenses, telephone charges, etc. According to the provisions of the owners' committee, the director can sign the fee below 200 yuan, and the fee above 200 yuan needs to be discussed by the owners' committee. The use of funds for the work of the owners' congress and the owners' committee shall be regularly published in written form in the property management area, and the owners' questions shall be accepted.

3. There is no clear stipulation in laws and regulations on how to form the owners' committee and who will take the lead in forming the industry committee. It stands to reason that it is best for the owners' committee to be led by the owners, but the current situation is that the owners are unfamiliar and lack contact. Therefore, relevant laws and regulations stipulate that developers or property management companies should take the lead.

However, there are still loopholes in the current laws and regulations, and developers have problems such as arrears of property maintenance funds and building quality; However, property management companies have some problems, such as their own management level is not high, and they are "father and son soldiers" with developers. As a result, some developers and property management companies are afraid to hire property management companies after the establishment of the owners' committee, so their cooperation is not active. Therefore, some people in the industry believe that giving appropriate allowances to the members of the industry Committee will be beneficial to the work of the industry Committee.

3. What is the owners' committee 1? The owners' committee refers to the executive body of the owners' congress, which is composed of owners' 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 contract. It does not have the status of an independent legal person.

2. For a long time, there have been some problems in the practice of property management in China, such as unclear legal status, unclear responsibilities and irregular operation. As a result, property management companies are in a strong position in the legal relationship of property management, which often damages the legitimate interests of owners. This situation has become an important factor hindering the development of China's property management to a higher level.

3. How to get the owners' committee out of this legal dilemma and give full play to its due role in owners' autonomy has become a subject that we must face and solve.