Does the community owner have the right to audit the expenses of the property management enterprise?

How to determine the status of the owners' committee as the litigation subject and whether the owners' committee can be listed as the defendant and bear the corresponding civil liability needs to be further explored in the future judicial practice, with a view to perfecting it in the future legislation.

Community legal consultation: Does the community owner have the right to audit the fees of property management enterprises?

The lawyer of Legal Advisory Network replied:

It depends on the form of residential property management fees. Article 9 of the Measures for the Administration of Property Service Charges issued by the National Development and Reform Commission and the Ministry of Construction stipulates: "Owners and property management enterprises may agree on property management fees in the form of contract system or gratuity system." In other words, there are two forms of property management fees.

"Contract system refers to the way that the owners pay a fixed property service fee to the property management enterprise, and the profits and losses are enjoyed or borne by the property management enterprise. The gratuity system refers to the property service billing method that the gratuity is paid to the property management enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the property service contract, and the surplus or deficiency is enjoyed or borne by the owner. " If the contract system is implemented, the property company will announce the income and expenditure once a year, and the owners' meeting will mainly assess the service quality of the property company and have no audit right. However, if the remuneration system is implemented, the management enterprise shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners in May, and announce the income and expenditure of the property service funds at least once a year. When the owners' congress or the owners ask about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall reply in time.

Article 13 of the Measures for the Administration of Property Service Charges stipulates: "Property service charges are paid, and property management enterprises or owners' congress may, in accordance with the property service contract, hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds. "

Relevant legal knowledge:

Provisions on relevant contents in the Regulations on Property Management

Article 6 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Seventh owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Eighth property management area of all owners of the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

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.

Eleventh 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;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

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

Twelfth owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

The owner may entrust an agent to attend the meeting of the owners' congress.

The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Thirteenth owners' meeting is divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14 A meeting of the owners' congress shall be held, and all owners shall be notified before the meeting 15.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Fifteenth owners' committee to implement the decisions of the owners' congress, 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 the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

(The above answers were published on 20 14-06- 13. Please refer to the actual situation for the current purchase policy. )

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