What are the conditions for the establishment of the owners' committee?

First of all, the owners' meeting is not a so-called spontaneous organization, let alone an illegal organization. It is a meeting and organization established and convened in accordance with the provisions of the Property Management Regulations promulgated by the State Council. The main legal and behavioral basis for the establishment of the owners' meeting is the Regulations on Property Management, the Rules of Procedure for Owners' Meeting promulgated by the Ministry of Construction and the corresponding documents promulgated by the local real estate authorities.

Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management enterprises. It is the permanent executive body of the owners' (representatives') congress, elected by the owners' (representatives') congress, entrusted by the owners' (representatives') congress to supervise the property management companies or implement autonomous management (except those prohibited by national laws and regulations), and at the same time coordinate and handle the contradictions and disputes between individual owners' rights and interests and most owners' rights and interests.

The power base of the owners' committee is its ownership of the property, which represents all the owners of the property and has the right to decide all major matters related to the property.

Second, the conditions for establishment

In practice, the conditions for establishing owners' assembly and owners' committee in different regions are different.

1. According to the Regulations of Jiangsu Province on Property Management and the Measures of Nanjing Municipality on Property Management, if the delivered property construction area reaches 50%, or the delivered property construction area reaches 30% but less than 50%, but it has been used for more than one year, the first owners' meeting shall be held under the guidance of the administrative department of property management in the district where it is located, and the owners' committee shall be elected.

2. According to the Regulations of Chengdu Property Management Owners' Congress, if the total construction area of public houses sold is more than 1/2, and the total construction area of commercial houses sold is more than 2/3, and it has been completed and delivered for 1 year, the owners shall prepare to set up the owners' congress.

3. Beijing Zhengban Fa [200 1] 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. "

4. According to Article 7 of the Regulations of Shanghai Municipality on Residential Property Management, the owners' meeting is composed of all owners in a property management area. In a property management area, the building area of houses sold and delivered for use reaches more than 50%, or the first house is sold and delivered for use for two years, the first owners' meeting shall be held and the owners' meeting shall be established.

Therefore, generally speaking, the Property Management Regulations and the Rules of Procedure of Owners' Congress only stipulate the establishment of owners' committees in principle, that is, the establishment of owners' congresses and owners' committees in residential areas requires that the sales area of houses reach more than half of the total construction area, but each region has further specific provisions according to the actual situation in the region.