Conditions and procedures for the establishment of the owners' Committee of the civil code

The conditions for the establishment of the owners' committee are: the occupancy rate is above 50%; The first batch of properties have been delivered for 2 years, and the occupancy rate exceeds 30%; The first batch of properties has been delivered for 3 years. The establishment procedure is as follows: application for the establishment of the owners' Committee; Upon examination by the district property administrative department, if it meets the requirements, a preparatory group for the owners' meeting shall be established; The preparatory group is responsible for drafting the rules of procedure of the owners' congress, the management statute and the election method of the owners' committee, and publicizing it for 7 days to solicit the opinions of the owners;

First, meet one of the conditions of the first owners' meeting.

Meet one of the following conditions, you can hold the first meeting of the owners' congress:

1. The area of the exclusive part of the house delivered for use reaches more than 50% of the total construction area;

2. The number of houses delivered for use reaches more than 50% of the total number;

3. The first set of houses has been delivered for two years and the number of houses delivered for use has reached more than 25% of the total number;

4. The realty service enterprise terminates the contract according to law within the term of the previous realty service contract or when the term of the previous realty service contract is about to expire.

Two, submit a written application for the establishment of the preparatory group.

Owners to the neighborhood offices, Township People's government put forward a written application for the formation of the preparatory group for the owners' meeting, neighborhood offices, Township People's government shall make a reply within 60 days from the date of receiving the application, and jointly with the county-level housing administrative departments responsible for organizing and guiding the establishment of the preparatory group for the first owners' meeting. The preparatory group of the owners' congress is composed of owners' representatives, construction units, sub-district offices or township people's governments and neighborhood committees. The number of owners' representatives shall be odd, and the proportion of owners' representatives shall not be less than 1/2 of the total number of the preparatory group. The head of the preparatory group shall be the representative of the sub-district office or the Township People's Government. The list of members of the preparatory group and the basic information shall be publicized within the property management area within 3 days from the date of determination.

Third, the preparatory work

The preparatory group of the owners' congress is responsible for the following preparations for the first meeting of the owners' congress:

1. Determine the time, place, content and form of the first owners' meeting; 2. Draw up the draft management statute and the draft rules of procedure of the owners' congress; 3. Confirm the identity, number and exclusive area of the owners; 4. Draw up the draft method for the election of the owners' committee and put forward the list of candidates; 5. Determine the voting rules of the first owners' meeting according to law; 6. Other preparations for convening the first owners' meeting.

Fourth, convene the first owners' meeting.

The preparatory group shall complete the preparatory work within 90 days from the date of composition, and organize the first owners' meeting. The owners' congress shall be established from the date when the management statute, the rules of procedure of the owners' congress and the owners' committee are elected by the first meeting of the owners' congress.

Verb (abbreviation of verb) elects the owners' committee.

The owners' committee is elected by the owners' meeting, and is composed of an odd number of people ranging from 5 to 1 1 with the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people. With the consent of the owner whose exclusive part accounts for more than half of the total building area and more than half of the total number of people.

Members of the owners' committee shall be the owners within the property management area and meet the following conditions:

1. The owner with full capacity for civil conduct in this property management area, if the owner is the unit, shall be the natural person representative authorized by the unit; 2. Abide by laws, regulations and management regulations; 3. Enthusiastic public welfare undertakings, strong sense of responsibility, strong credibility and organizational ability; 4. Having working hours suitable for performing duties; 5. I and my close relatives are not engaged in property services in this property management area; 6. Other conditions stipulated in the management statute or the rules of procedure of the owners' congress.

Six, the election of the owners' committee director and deputy director.

The owners' committee shall hold the first meeting of the owners' committee within 3 days from the date of election, elect the director and deputy directors among the members of the owners' committee in accordance with the rules of procedure of the owners' congress, and clarify the responsibilities of the members of the owners' committee.

Seven. put forward

The owners' committee shall, within 30 days from the date of election, report the establishment of the owners' congress, the management statute, the rules of procedure of the owners' congress and the basic information of the members and alternate members of the owners' committee to the housing administrative department where the property is located for the record. The housing administrative department shall promptly inform the relevant sub-district offices or Township People's governments in writing of the filing situation. The administrative department of housing where the property is located shall issue a record certificate to the owners' committee within 10 days from the date of receiving the materials specified in the preceding paragraph.

Q: What responsibilities does the owners' committee perform?

Answer: 1. Convene the owners' meeting and report the implementation of property management; 2. When the owners' congress decides to entrust management, it will sign a realty service contract with the realty service enterprise or other managers selected by the owners' congress on behalf of the owners;

3. Collect and understand the opinions and suggestions of the owners and property users, and supervise and assist the performance of the property service contract; 4. Supervise the implementation of management regulations; 5. Mediation of disputes in the use and maintenance of property; 6. Other duties entrusted by laws, regulations and the owners' meeting.

Q: What should the owners' committee not do?

A: Members of the owners' committee shall abide by laws, regulations, management regulations and the rules of procedure of the owners' congress, and shall not commit any of the following acts:

1. misappropriate or occupy the property owned by the owner;

2. Illegally soliciting or accepting benefits or remuneration provided by the construction unit, the realty service enterprise or other managers or interested parties;

3. Taking advantage of his position, ask the realty service enterprise or other managers to reduce or exempt the realty service fee;

4. Other behaviors that harm the interests of the owners or may affect their fair performance of their duties.

Q: Is the decision made by the owners' committee binding on all owners?

A: The decision of the owners' assembly or owners' committee on property management is legally binding on all owners.

If the owners think that the decisions made by the owners' congress or the owners' committee infringe upon their legitimate rights and interests, they may request the people's court to revoke them. However, before the people's court makes an effective judgment, it will not affect the binding force of the decisions of the owners' congress and the owners' committee.

Legal basis:

Article 277 of the Civil Code clearly 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. property management regulations

Article 10 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 neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. 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.