Basic contents of the articles of association of the owners' committee

1. Basic information of the owners' committee

The basic information of the owners' committee mainly includes the name of the owners' committee. Generally, any property management area uses the name of the property management area, and there should be only one owners' committee in a property management area. The office address of the owners' committee, that is, the specific office location.

In this part, the purpose of the owners' committee should also be clarified. For example, the owners' committee is a voluntary management organization established according to law, aiming at strengthening the property management in this region and safeguarding the legitimate rights and interests of all owners and non-owners users. The purpose of the owners' committee is to represent and safeguard the legitimate rights and interests of all property owners and non-owners, ensure the rational and safe use of the property, maintain public order in the property area, and create a clean, beautiful, safe, comfortable and civilized living environment.

2. Owners' Congress and Owners' Congress

(1) Members of owners' congress and owners' congress

The owners' congress consists of all owners of residential and non-residential houses in the property management area. The identity certificate of the owner attending the meeting shall be subject to the person registered with the property ownership certificate;

A house sales contract has been concluded, and the owner can be regarded as the owner without obtaining the house ownership certificate. If there are more than 1 owner who has registered the ownership certificate of the house or the buyer who has concluded the sales contract, 1 person shall be elected to attend the owners' meeting.

Members of the owners' congress are composed of all members of the owners' group. If the number of members of the owners' group exceeds 100, the owners' group shall elect the representatives of the owners' group.

Owners and developers of public houses produce the number of members of the Congress according to the proportion of their own property construction area, but the maximum number shall not exceed 1/20 of all members.

(2) Calculation of the voting rights of the owners and their representatives

The voting right of the owners at the owners' meeting, per house 1 ticket; Non-residential houses are calculated according to the construction area of the property; 100㎡ above every 100㎡2 1 ticket, 1 ticket with property right certificate below. The voting right of the owner's representative is per member 1 vote.

(3) The by-election or adjustment of the owner's representative

When there is a vacancy in the owner's representative, a by-election shall be held; When the proportion of the building area of the property that produces the owner's representative changes, the owner's representative shall adjust accordingly.

3. The emergence of the owners' committee and its responsibilities

The owners' committee is a permanent institution elected by the owners' congress or the owners' congress to exercise property management power on behalf of all owners. Members of the owners' committee shall be elected according to the proportion of representatives of all parties in the owners' congress or owners' congress, but the proportion of public housing owners and developers shall not exceed12 of the number of members of the owners' committee.

The owners' committee is composed of 5 ~ 15 members according to the scale of the property management area. The owners' committee has 1 director and 1 ~ 2 deputy directors. The chairman of the owners' committee is elected by all members. The chairman of the owners' committee may appoint 1 secretary to handle the daily affairs of the association. The Secretary may or may not be a Member of this Council.

The owners' committee shall perform its duties according to law and urge all owners to abide by the laws, regulations and rules of property management and the owners' convention; Help property management enterprises to implement property management in this region and cooperate with property management enterprises to solve major problems in the implementation of management services; Accept the management and guidance of city and county property management departments, accept the supervision of neighborhood offices and township people's governments, and cooperate with community construction and management.

The owners' committee enjoys the following main rights:

(1) hold an owners' meeting or owners' representative meeting at least once a year, and hold special meetings according to the requirements of 10% or more owners. The owners' committee may convene the owners' meeting through a meeting or by soliciting opinions in writing.

(two) through public bidding or other means to hire a property management company to manage the property, and sign a property management contract with it.

(three) to examine and approve the annual management plan, annual expense budget and final accounts report of the property management enterprise. Property management enterprises shall regularly submit revenue and expenditure accounts to the owners' committee and accept supervision. If the owners' committee has doubts about accounting treatment, it may entrust an accounting firm to conduct audit.

(four) to examine and approve the charging standards for property management and the service standards for property management enterprises.

(five) to examine and approve the property management rules and regulations formulated by the property management enterprises.

⑥ Inspect and supervise the implementation of various management work and the implementation of rules and regulations.

All landowners have the right to stop and demand compensation for any damage or damage to the interests of the owner.

Today, if individual owners violate the owners' convention or damage the legitimate interests of other owners, they can bring a lawsuit on behalf of all owners. The matters specified in items (2), (3), (4) and (5) of the preceding paragraph must be approved by the owners' congress or the owners' congress.

The owners' committee shall perform the following obligations:

(1) Organizing the owners' congress or owners' congress;

(two) to implement the resolutions adopted by the owners' congress or the owners' congress;

(three) to implement and urge the owners to abide by the provisions of property management and other relevant laws, regulations and policies, and to carry out various forms of publicity and education for residents;

(4) Cooperate with property management enterprises and timely reflect the opinions and suggestions of the owners on property management;

The decisions made by the owners' committee shall not violate the provisions of laws, regulations and policies, the decisions of the owners' congress or the owners' congress, and shall not harm the interests of the owners.

4. Owners' Committee meeting

The meeting of the owners' committee shall be convened by the director or deputy director. The owners' committee shall meet at least once every three months. When more than half of the members propose, or the director thinks it is necessary, the owners' committee shall hold a special meeting on the contents of the proposal.

When convening a meeting of the owners' committee, the convener shall deliver the meeting notice and relevant materials to all members in writing 7 days in advance. If a member is unable to attend the meeting for some reason, he shall entrust an agent in writing to attend and exercise his rights.

The meeting of the owners' committee shall be valid only if more than half of the members are present. The owners' committee decided to adopt the principle that the minority is subordinate to the majority. When voting at the meeting, each 1 member has 1 votes.

The meeting of the owners' committee shall be recorded in writing and signed by the host, and the meeting involving important matters shall be signed by all the members present at the meeting. The owners' committee shall establish the following files and materials, and designate a special person to keep them:

(1) all kinds of meeting records and minutes;

(two) written materials such as resolutions and decisions made by the owners' committee, owners' congress or owners' congress;

(three) materials produced and registered by the owners' committee;

(4) Owner, user directory and inventory.

Owners committee to discuss major issues of property management, it shall invite the district (county) property administrative departments and residents' committees to participate, and may invite representatives of owners and users to attend; The owners' committee shall fully listen to the opinions put forward by the property administrative departments, neighborhood committees, owners and users.

The resolutions and decisions made by the owners' committee shall be announced to all owners and users.

5. Members of the owners' committee

Members of the owners' committee shall be persons with good moral quality, enthusiasm for public welfare, strong sense of responsibility, certain organizational ability and necessary working hours, and full capacity for civil conduct. Members of the owners' committee are elected for a term of three years and may be re-elected. The increase, decrease and replacement of members of the owners' committee shall be submitted to the next owners' congress or owners' congress for approval after the owners' committee meeting. When there is a vacancy in the members of the owners' committee, a by-election shall be held at the next owners' congress or owners' congress. When the vacancy exceeds 1/4, the owners' meeting or owners' congress shall be convened in time to conduct by-election.

In any of the following circumstances, the membership of the owners' committee shall be terminated, which shall be proposed by the owners' committee and confirmed by the next owners' congress or owners' congress:

(1) is not the owner;

(two) absent from the meeting of the owners' committee for more than 3 consecutive times;

(3) Losing the ability to perform duties due to illness;

(4) The criminal act is recognized by the judicial department;

⑤ Submit a written resignation to the owners' committee;

(six) in the area of property management enterprises;

All landowners seriously violate the laws and regulations of property management or refuse to perform the obligations of the owners;

(3) for other reasons, it is not suitable to be a member of the owners' committee. If a member of the owners' committee is dismissed, the seals, documents, materials, account books and property belonging to the owners' committee must be handed over to the owners' committee within 7 days from the date of confirmation by the owners' congress or the owners' congress.

The chairman of the owners' committee enjoys the following main rights:

(1) Responsible for the meeting of the owners' committee;

(2) authorized by the owners' committee, sign the project expenses such as property maintenance, and sign contracts or documents on behalf of the owners' committee;

③ Other matters authorized by the owners' committee.

The director of the owners' committee shall perform the following obligations:

(a) abide by the laws, regulations and normative documents of property management, as well as the provisions of the owners' convention and the articles of association of the owners' committee, and act fairly and responsibly;

② Complete the work assigned by the owners' committee;

③ Handling affairs on behalf of the owners' committee;

(4) receive training and guidance from the administrative department.

Members of the owners' committee shall enjoy the following main rights:

(a) to participate in relevant activities organized by the owners' committee; (2) Having the right to vote, to be elected and to supervise; (three) to participate in the decision-making of relevant matters of the owners' committee and enjoy the right to vote; (4) Suggestions and criticisms to the owners' committee.

Members of the owners' committee shall perform the following obligations:

(a) abide by the articles of association of the owners' committee; (two) to implement the resolutions of the owners' committee and complete the work assigned by the owners' committee; ③ Attend meetings, activities and public welfare undertakings organized by the owners' committee; (4) Provide relevant information and suggestions for the work of the owners' committee.

The chairman of the owners' committee and other members of the owners' committee, as well as the full-time staff employed, can get appropriate allowances.

6 owners' committee funds and office space

The funds of the owners' committee are paid from the property management funds. The expenses of the owners' committee include: the expenses of the owners' congress or the owners' congress and the meetings of the owners' committee; Allowances for relevant personnel; Necessary daily office expenses. Fund revenue and expenditure items are managed by property management companies, reported to the owners' committee every quarter, and announced to the owners' congress or owners' congress every year.

The office space of the owners' committee is provided by the property management enterprise.