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What is the composition of the owners' meeting?
Article 1 These Regulations are formulated in accordance with the Regulations on Property Management in order to standardize the activities of owners' meetings and safeguard the legitimate rights and interests of owners.
Article 2 The owners' congress shall represent and safeguard the legitimate rights and interests of all owners in the property management activities within the property management area.
Article 3 Only one owners' meeting can be established in a property management area.
The owners' meeting is composed of all owners in the property management area.
The owners' congress shall set up the owners' committee as the executive body.
The owners' congress shall be established from the date of the first meeting of the owners' congress.
Article 4 If there is only one owner, or the number of owners is small and agreed by all owners, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.
Article 5 When preparing for the establishment of the owners' meeting, the owners shall, under the guidance of the real estate administrative departments of the district and county people's governments and the neighborhood offices (township people's governments) where the property is located, form a preparatory group for the owners' meeting (hereinafter referred to as the preparatory group) composed of owners' representatives and construction units (including public housing sales units) to be responsible for the preparations for the owners' meeting.
After the list of members of the preparatory group is confirmed, it will be published in writing in the property management area.
Article 6 The preparatory group shall make the following preparations:
(a) to determine the time, place, form and content of the first owners' meeting;
(2) Drawing up the rules of procedure of the owners' congress and the owners' convention (draft) with reference to the model text formulated by the competent government department;
(three) to confirm the identity of the owners at the first meeting of the owners' congress and determine the number of voting rights of the owners;
(four) the method and list of the candidates for the members of the owners' committee;
(5) Make other preparations for convening the first meeting of the owners' congress.
Items (1), (2), (3) and (4) of the preceding paragraph shall be published in writing in the property management area 15 days before the first owners' meeting.
Article 7 The number of owners' voting rights in the first owners' meeting shall be determined according to the specific measures formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 8 The preparatory group shall, within 30 days from the date of its establishment, organize the owners to hold the first owners' meeting and elect the owners' committee under the guidance of the real estate administrative department of the district or county people's government where the property is located.
Article 9 The owners' congress shall perform the following duties:
(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;
(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;
(three) the selection and dismissal of property management companies;
(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;
(five) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area;
(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.
Article 10 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the voting rights of owners, the composition of the owners' committee and the term of office of members.
Article 11 The owners' convention shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the convention.
The owners' convention is binding on all owners.
Twelfth meetings of the owners' congress are divided into regular meetings and temporary meetings.
Regular meetings of the owners' congress shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress.
In any of the following circumstances, the owners' committee shall promptly organize an interim meeting of the owners' congress:
(a) proposed by more than 20% of the owners;
(two) a major accident or emergency needs to be dealt with in time;
(three) other circumstances stipulated in the rules of procedure of the owners' congress or the owners' convention.
An interim meeting of the owners' congress shall be held. If the owners' committee fails to perform the duties of organizing the meeting, the real estate administrative department of the district or county people's government shall order the owners' committee to hold the meeting within a time limit.
Article 13 The owners' committee shall announce the meeting notice and related materials in written form in the property management area before the owners' meeting is held 15.
The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.
Article 14 If the owner is unable to attend the meeting of the owners' congress for some reason, he may entrust an agent to attend in writing.
Fifteenth owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.
Sixteenth property management area with a large number of owners, buildings, units, floors, etc., to elect a representative of the owners to participate in the owners' meeting.
If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress three days before attending the meeting. If a vote is required, the owner's representative shall truthfully reflect the specific votes of the owners for, against and abstaining from voting at the owners' meeting.
If the owner's representative is unable to attend the meeting of the owners' congress for some reason, the owner he represents may elect another owner's representative to attend.
Article 17 The decision made by the owners' meeting must be approved by the owners who hold more than 1/2 voting rights.
The decision of the owners' congress to formulate and amend the owners' convention, the rules of procedure of the owners' congress, the selection and dismissal of property management enterprises, and the use and renewal scheme of special maintenance funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.
Eighteenth meetings of the owners' congress shall be recorded in writing by the owners' committee and filed.
Nineteenth decisions made by the owners' congress are binding on all owners in the property management area.
The decision of the owners' congress shall be published in written form in the property management area in a timely manner.
Article 20 The owners' committee shall hold the first meeting of the owners' committee within 3 days from the date of election, and elect the chairman and deputy directors of the owners' committee 1-2.
Twenty-first members of the owners' committee shall meet the following conditions:
(1) Owners with full capacity for civil conduct within the property management area;
(2) Abide by the relevant laws and regulations of the state;
(three) abide by the rules of procedure of the owners' congress and the owners' convention, and perform the obligations of the owners in an exemplary manner;
(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, with social credibility;
(5) Having certain organizational ability;
(6) Having necessary working hours.
Article 22 The owners' committee shall, within 30 days from the date of election, file the establishment of the owners' congress, the rules of procedure of the owners' congress, the owners' convention and the list of members of the owners' committee with the real estate administrative department of the district or county people's government where the property is located.
In case of any change in the relevant matters filed by the owners' committee, it shall be re-filed in accordance with the provisions of the preceding paragraph.
Article 23 The owners' committee shall perform the following duties:
(a) to convene a meeting of the owners' congress and report on the implementation of property management;
(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;
(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;
(four) to supervise the implementation of the owners' convention;
(five) other duties entrusted by the owners' congress.
Twenty-fourth owners' committee shall urge the owners who violate the property service contract and fail to pay the property service fee within a time limit.
Article 25 If it is deemed necessary by more than 1/3 members of the owners' committee or the director of the owners' committee, the meeting of the owners' committee shall be convened in time.
Twenty-sixth meetings of the owners' committee shall have written records, which shall be filed after being signed by the members present at the meeting.
Twenty-seventh owners' committee meeting shall be attended by more than half of the members, and its decision must be agreed by more than half of all the members.
The decision of the owners' committee shall be published in written form in the property management area in a timely manner.
Twenty-eighth owners' committee term expires 2 months ago, it shall convene a meeting of the owners' general assembly, the owners' committee general election; If it is not changed within the time limit, the real estate administrative department may assign staff to guide its change.
The original owners' committee shall hand over the archives, seals and other property belonging to the owners' congress to the new owners' committee within 10 days after the expiration of its term of office, and handle the handover procedures.
Twenty-ninth by the owners' committee or more than 20% of the owners' proposal, that it is necessary to change the members of the owners' committee, the owners' meeting will make a decision and make a written announcement in the property management area.
Thirtieth members of the owners' committee are in any of the following circumstances, and their qualifications as members of the owners' committee shall be terminated by the meeting of the owners' general assembly:
(1) The owner no longer owns the property due to the transfer or loss of the property;
(two) absent from the meeting of the owners' committee for more than three consecutive times;
(three) due to illness and other reasons to lose the ability to perform their duties;
(4) Having committed a criminal act;
(five) to submit his resignation to the owners' meeting in writing;
(six) refused to perform the obligations of the owners;
(seven) for other reasons, it is not suitable to be a member of the owners' committee.
Thirty-first members of the owners' committee shall, within 3 days from the date of termination, hand over the archives, seals and other property belonging to the owners' assembly to the owners' committee.
Article 32 Where the owners' congress is dissolved due to regional changes in property management, before dissolution, the owners' congress and the owners' committee shall, under the guidance and supervision of the real estate administrative departments of the district and county people's governments and sub-district offices (township people's governments), do a good job in the liquidation of the owners' property.
Thirty-third owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.
If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners.
Thirty-fourth owners' congress and owners' committee shall cooperate with public security organs and residents' committees to do a good job in maintaining social order in the property management area.
In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.
The decisions made by the owners' assembly and the owners' committee in residential areas shall be informed to the relevant residents' committees and their suggestions shall be listened to.
Thirty-fifth owners' congress and owners' committee to carry out the work of the funds borne by all owners; The raising, management and use of funds shall be stipulated in the rules of procedure of the owners' congress.
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.
Article 36 The engraving, use and management of the seals of the owners' congress and the owners' committee shall comply with the relevant laws and regulations and the rules of procedure of the owners' congress.
In violation of the provisions on the use of seals, causing economic losses or adverse effects, the responsible person shall bear corresponding responsibilities.
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