Hunan issued "Guide to Owners' Congress and Industry Committee"

In recent years, it is difficult to set up owners' assembly and owners' committee, and the problems of supervision have become increasingly prominent. The establishment rate is low, the operation is not standardized, the supervision of individual industry committees is lacking, and a few members seek personal gain from public interests, which has aroused widespread concern.

In order to standardize the activities of owners' congress and owners' committee and safeguard the legitimate rights and interests of owners, according to the General Office of the Central Committee of the CPC's Opinions on Strengthening and Improving the Construction of Urban Grassroots Party, People's Republic of China (PRC)'s Property Law, the State Council's Property Management Regulations and Hunan's Property Management Regulations and other laws and regulations, combined with the actual situation of Hunan Province, Hunan Provincial Housing and Construction Department has formulated the Working Guidelines for Hunan Owners' Congress and Owners' Committee (hereinafter referred to as16544).

Implement the community registration system in party member.

The detailed rules are clear, and the owners' congress, owners' committee, owners' supervision committee and property service enterprises shall, under the leadership of community (village) party organizations, carry out property management activities according to laws and regulations.

In the property management area, where there are more than three official party member, we should establish the grass-roots party organizations (hereinafter referred to as party organizations in property communities), accept the leadership and work arrangements of community (village) party organizations, build a four-level organizational structure of "street (township) party committees-community (village) party organizations-party branches in property communities-building party groups", establish and improve the linkage system, and carry out party affairs activities.

Implement the system of on-the-job party member reporting to the community, and guide party member, as one of the owners, to become a representative of the owners, a member of the owners' committee and a member of the owners' supervision committee through legal procedures, play a vanguard and exemplary role, and perform his duties according to law. Promote cross-appointment, encourage members of the owners' committee, the owners' supervision committee and the project manager of the realty service enterprise with party member status to serve as part-time members of the party organization of the realty community, strengthen political guidance to the owners and the owners' committee, strengthen the role of supervision and discipline, actively resolve contradictions and disputes, and realize the organic unity of owner autonomy, community construction and community governance.

The owner mentioned in the detailed rules refers to the owner of the house, that is, the obligee specified in the house ownership certificate or the house immovable property certificate.

The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

Property users who violate the laws, regulations and management regulations of property management shall be jointly and severally liable.

The head of the preparatory group is the representative of the sub-district office (Township People's Government).

According to the detailed rules, the preparatory group for the first meeting of the owners' congress consists of street offices (township people's governments), representatives of community (village) party organizations or neighborhood committees, construction units and owners' representatives. The number of the preparatory group shall be an odd number of seven to thirteen, of which the number of owners shall not be less than 50%. When the conditions are ripe, members of the party organization of the property community, the police in the jurisdiction, representatives of the judicial office or village (neighborhood) legal advisers may be invited to participate in the preparatory group.

The head of the preparatory group is the representative of the sub-district office (Township People's Government).

The preparatory group may set up alternate owners, and the number of alternate owners shall not exceed the number of owners of the preparatory group.

Members of the owners of the preparatory group and alternate owners of the preparatory group shall meet the requirements of candidates for the owners' committee and be elected according to the following steps:

Self-recommendation by the owners or joint recommendation by more than ten owners;

The neighborhood (village) committee listens to the opinions of community (village) party organizations, property community party organizations and owners by holding symposiums and issuing forms for soliciting opinions;

Sub-district offices (Township People's governments) shall organize police stations, judicial offices, comprehensive management offices and other units to determine according to the opinions of neighborhood (village) committees.

Party member, deputies to the National People's Congress, CPPCC members, retired or on-the-job public officials and people who are enthusiastic about public welfare undertakings are encouraged to stand for election as members of the preparatory group and alternate members of the preparatory group.

The preparatory group for the first meeting of the owners' congress shall organize the owners to elect the candidates for the owners' committee. Candidates for members of the owners' committee may be recommended by the owners themselves, by the preparatory group, or jointly by more than ten owners; If the owners are legal persons or other organizations, their legal representatives or authorized natural persons may participate in the election of members of the owners' committee.

The preparatory group shall verify the qualifications of the candidates according to the conditions of the candidates of the owners' committee, and determine the list of candidates of the owners' committee according to the scale of the property, the share of property rights and the representativeness and extensiveness of the members.

If the community office space is located in the property management area and registered under the name of the neighborhood (village) committee, the community may designate a community full-time staff member to run for the owners' committee.

Party member, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference or people who are enthusiastic about public welfare undertakings are encouraged to run for members of the owners' committee.

The owners' committee is elected by the owners.

According to the detailed rules, the owners' committee consists of an odd number of five to eleven people, including one director and one to two deputy directors. The specific number of members of the owners' committee is determined according to the scale of the property management area.

The term of office of the owners' committee is three to five years, and the members of the owners' committee may be re-elected.

The owners' committee shall hold its first meeting within seven days after the election, and elect the chairman and deputy director of the owners' committee.

The owners' committee shall, within 30 days from the date of election, report the decision of the meeting of the owners' congress, the management statute, the rules of procedure of the owners' congress, the list of members of the owners' committee and other materials to the property management administrative department of the county (city, district) people's government and the neighborhood office (township people's government) where the property is located for the record, and inform the neighborhood (village) committees in writing.

After the owners' committee has gone through the filing formalities, the sub-district office (Township People's Government) shall promptly organize the members of the owners' committee to carry out training in property management laws, regulations and policies.

The owners' supervision committee is elected by the owners' congress.

If there are more than 500 owners in the property management area, the owners' congress is encouraged to set up an owners' supervision committee to supervise the work of the owners' committee.

The owners' supervision committee is elected by the owners' congress. Members of the owners' supervision committee can be composed of the heads of sub-district offices (township people's governments), police officers in the area under their jurisdiction, members of community (village) party organizations or property community party organizations, heads of neighborhood (village) committees, owners and property users. , with five to seven people as odd numbers. The specific number of owners' supervision committees and the proportion of owners and property users shall be determined by the owners' congress.

The administrative department shall promptly handle the complaints of the owners.

The detailed rules also stipulate that the property management administrative department of the county (city, district) people's government and the sub-district office (township people's government) should actively carry out publicity and education activities on property management policies and regulations, and promptly handle complaints from owners and owners' committees in property management activities.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the neighborhood (village) committees to perform their autonomous management duties according to law, support the neighborhood (village) committees to carry out their work, and accept their guidance and supervision.

When the owners' meeting is held, the sub-district office (Township People's Government) shall give guidance and assistance.

The owners' committee fails to organize regular meetings of the owners' congress in accordance with the rules of procedure of the owners' congress, or should convene an interim meeting of the owners' congress. If the owners' committee fails to perform the duties of organizing meetings, the subdistrict office (township people's government) can order the owners' committee to convene within 15 days; If it is not held within the time limit, it can be organized by the sub-district office (Township People's Government). These rules shall be interpreted by the Provincial Department of Housing and Urban-Rural Development. These Rules shall come into force on June 65438+1 October1day, 2020, and shall be valid until February 3, 2024.