Is it legal for the owners' committee to hire a property company to manage the community without the consent of the owners? Do we have to pay the property fee?

The behavior of the owners' committee is illegal, but the owners have to pay the property fee.

1. According to Article 11 of the Property Management Regulations, the following matters are 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 * * *.

2. According to the provisions of Article 12 of the Property Management Regulations, the owners' meeting decides the matters specified in Items (5) and (6) of Article 11 of these regulations, which shall be agreed by the owners whose exclusive parts account for more than 2/3 of the total building area and more than 2/3 of the total number.

3. The decision of the owners' congress or the owners' committee is 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.

4. According to Article 41 of the Property Management Regulations, the owner shall pay the property service fee according to the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Extended data:

According to the provisions of Article 59 of the Regulations on Property Management, those who violate the provisions of these regulations and engage in property management without obtaining the qualification certificate shall be confiscated by the real estate administrative department of the local people's government at or above the county level, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

In violation of the provisions of this Ordinance, if a property service enterprise entrusts all property management within a property management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate.

China government network-property management regulations