Can't we set up an owners' committee? How to defend rights

The provisions of the Property Management Regulations on the establishment of owners' assembly and owners' committee are as follows

I. Conditions for convening the first owners' meeting and establishing the owners' committee

The owners' committee is elected by the owners' congress and is the executive body of the owners' congress. Members of the owners' committee shall be held by the owners. In a property management area, under any of the following circumstances, the first owners' meeting shall be held to elect the owners' committee.

1. Households whose sold and delivered construction area accounts for more than 50% of the total planned construction area of the property management area and have occupied more than 50%.

2. The first property is sold and delivered to 30% of the households, and the cost has been delivered for two years.

Interpretation: The owners' meeting is established by the owners themselves, but it must be guided by the real estate administrative department of the district or county people's government where the property is located.

Guidance is not the same as leadership. If the owners require the establishment of the owners' meeting, they shall inform the district and county community offices and ask them to send someone to guide them. If they don't give guidance, it is the inaction of the district/county community office, which will not affect the owners to set up their own owners' meeting.

For the working time limit of district and county community offices in Beijing, please refer to the provisions in document [2006 54 38+0]5 16 of Beijing Municipal Bureau of Land and Housing: "If the owner (representative) who owns more than 10% of the property rights applies in writing to set up the management committee by himself, each community office shall make a decision on whether it meets the requirements within 15 days after receiving the written application.

Whether a property community meets the conditions for the establishment of owners' assembly and owners' committee, Beijing can refer to the following two provisions:

Beijing Zhengban [20065438+0] No.91stipulates: "If the occupancy rate of commercial housing and affordable housing exceeds 50%, or the first household has lived in a newly-built residential area for two years, an owners' committee shall be established; 1If the sales rate of housing reform exceeds 50% in the old community put into use before the end of 994, an owners' committee shall be established. "

Beijing Municipal Bureau of Land and Housing Management [2002] No.316 stipulates: "When the management committee is established, all the residential quarters that have been put into use meet the requirements of the management committee of the Notice on Several Opinions on Standardizing and Strengthening Property Management in this Municipality (No.9/KLOC [2006]). For the part of the residential area that has not yet been occupied and put into use, the management Committee shall reserve the share of property owners and the seats of management Committee members for the owners who have not stayed in the area. "

If the 20-storey building meets the above conditions for the establishment of the owners' meeting, it should be established, otherwise it should be established together with the property management area, mainly depending on how big the property management area is.