The meeting form and voting method of the owners' meeting.

The word "owners' meeting" is of concern to every owner in the community. The construction of community owners' committee is the basic work of today's harmonious society. The successful convening of the owners' meeting can guarantee the rights of owners and truly realize the autonomy of owners. The decision of the owners' meeting is binding on all owners in the property management area.

property owners'conference

The following introduces the meeting form and voting method of the owners' meeting.

(a) the way of the owners' meeting.

The Property Management Regulations (hereinafter referred to as the Regulations) stipulates that there are two ways to convene the owners' meeting, namely, collective discussion and written comments. Owners' meetings are usually held in the form of collective discussion, which can fully reflect the opinions of all parties. But for some problems, there is no dispute between owners, and time and cost can be saved by asking for opinions.

(two) the voting rights of the owners' congress.

The convening of the owners' meeting should meet the restrictions on the number of people or voting rights, so as to reflect the interests of the majority as much as possible and ensure the scientific and reasonable resolutions made. The regulations stipulate the restriction of voting rights, that is, there should be owners who hold more than 1/2 voting rights in the property management area.

(three) the way the owner attended the meeting.

According to the regulations, the owner may entrust an agent to attend the owners' meeting. Therefore, the way the owner attends the meeting includes not only the way of attending in person, but also the way of entrusting an agent to attend.

(four) the voting rules of the owners' meeting.

The purpose of convening the owners' meeting is to form a resolution on matters related to property management. Therefore, the formation rules of the resolutions of the owners' congress are very important, and the design of these rules will directly affect the rationality, representativeness and scientificity of the resolutions. With regard to the resolution methods of the owners' meeting, the principle of "majority decision" is adopted in legislation in all countries, but there are mainly three resolution methods: "general majority consent", "special majority consent" and "unanimous consent". The "unanimous consent law" requires the consent of all owners to make the resolution effective. This regulation is too strict, and only applies to the general situation of property ownership, not suitable for the situation of owner group autonomy, so it is not adopted in China's property management laws and regulations. The resolution method agreed by the ordinary majority is used for the resolution of ordinary matters. It means that the total number of owners or owners' representatives attending the owners' meeting and the proportion of construction area held by composite property exceed half of the total, and the owners' meeting has the ability to make resolutions. The resolution of the meeting can take effect only after more than half of the owners present or more than half of the voting rights are passed. "Resolution with the consent of a special majority" means that for important matters involving owners, in order to ensure the prudence of decision-making and the support of the overwhelming majority of owners, according to the provisions of laws and regulations, the total number of owners or owners' representatives attending the owners' meeting and the proportion of property construction area held by them have reached or exceeded a certain limit, and the owners' meeting has the ability to make resolutions. The resolution of the owners' meeting can only take effect after it is passed by voting, and the number of owners present and the proportion of property construction area held by them have reached a certain high amount of the total number.

There are two kinds of resolutions of the owners' meeting in the Regulations, namely, general decisions and special decisions. Different voting rules apply to them. For the general decision, it must be passed by the owner 1/2 or more voting rights present at the meeting, that is, the "ordinary majority consent method". For special decisions, the "special majority consent method" is applied, that is, it must be passed by more than two-thirds of the voting rights held by all owners in the property management area. At the same time, it should be noted that the basis for calculating voting rights in these two decisions is different. For general decision-making, it is based on the voting rights of the owners who participate in the decision-making, and for special decision-making, it is based on the voting rights of all owners. This is because the resolution method agreed by the special majority means that the decision-making must be prudent for important matters involving the owners' group, and the implementation of the decision can be supported by the vast majority of owners.

The regulations stipulate special matters, mainly important matters involving the owners' group: formulating and amending the owners' convention, the rules of procedure of the owners' meeting, deciding on the selection and dismissal of property management companies, special maintenance funds and renewal plans.

(five) the decision of the owners' congress is binding on all owners in the property management area.

Although the decision of the owners' meeting has not been unanimously agreed by all owners, it may even be opposed by individual owners. However, as long as the decisions of the owners' congress comply with the provisions of laws and regulations and follow the rules of procedure of the owners' convention, such decisions are binding on all owners.

(The above answers were published on 20 13-05-03. Please refer to the current actual purchase policy. )

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