[Owners' notice] Those things in the Community Owners Committee

Jiangsu Yunya Law Firm - Xu Xiaoyu

 

In this era of "lifting up the sleeves and cheering up", one of the hot topics discussed among young people is still - buying a house. From this point of view, buying a house and having a house is still the "hard truth" in the minds of the new generation of China. Since the purchase of houses has such a "sublime" status in everyone's mind, when we have owned our own houses through hard work, we also need to know how to exercise and defend our rights as owners. Nowadays, real estate developers are still willing to invest in building new residential buildings. After the guests stay in the house, in addition to enjoying quality property services, they also need to pay attention to another important role in the community - the owners' committee. Today, let's talk about the things in the community's owners' committee.

 

1. What is the Owners Committee?

The owners' committee refers to the election of the owners and is a special form of the owners exercising joint management rights. It represents the interests of the owners and reflects the wishes and requirements of the owners to all parties in the society, while supervising a civil society organization that manages the operation of the property management company. In practice, the most vulnerable subject in the community is the owner and the property company. Therefore, the establishment of the owners' committee through legal procedures is one of the ways to protect the legal rights of the owners. When the owner has opinions on the property management company, he must first report to the owner's committee, and the owner's committee will come forward to organize negotiation and mediation for the owner. The owner must not make a arbitrarily arbitrarily and take any unreasonable means to the property management company to impose sanctions. ".

 

Second, the owners' meeting → owners committee

According to the Notice of the Ministry of Housing and Urban-Rural Development on Printing and Distributing the <Guidelines for the Owners' General Meeting and the Owners' Committee>, the owners' committee is elected by the meeting of the owners' meeting and consists of singular numbers of 5 to 11 people. Therefore, before the establishment of the owners' committee, the owners' meeting should be held first.

How to hold the first owners meeting? In the property management area, when the area of ​​the proprietary part delivered in the community exceeds 50% of the total area of ​​the building, the construction unit shall, in accordance with the requirements of the district/county real estate administrative department or the sub-district office or the township people's government where the property is located, timely. Submit the documents required for the first meeting of the owners meeting. (As shown below)

 

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At the meeting of the owners' congress and the meeting of the owners' committee elected by the owners' meeting, the personnel who meet the conditions for participation may pass the meeting to decide the relevant matters or perform relevant duties. (As shown below)

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Third, the legal status of the owners' committee

According to the contents of the "Supreme People's Court's reply on whether the owners' committee of Jinhu New Village has the qualification for civil litigation subject matter": "The real estate development unit has not handed over the planning information of the residential area to the owners' committee, and has not provided supporting facilities. For public facilities special expenses, public parts maintenance fees, and property management houses and commercial buildings, you may file a lawsuit in your own name." and the contents of the "Supreme People's Court's reply on whether the Spring Rain Garden Owners Committee has the qualifications for civil litigation subjects": "The Supreme Court held that the Owners' Committee, as the executive body of the owners' meeting, has the functions of externally representing all the owners and the specific implementation of the property management related behaviors, and the legal effects of the actions and the owners of the owners. Clarify the subject of responsibility, simplify the procedure, and reduce the cost of litigation. Therefore, the Supreme Court tends to recognize the status of the party of the owners' committee." According to the contents of the above-mentioned supreme law, it can be reflected that the owners' committee is generally recognized as "other" in law. Organization ", with civil litigation subject qualification.

Through the search, the author has reached more than 10,000 cases in the community of Jiangsu as the main body of litigation. Among them, the contract, non-causal management, and unjust enrichment disputes accounted for 93.25% of the total number of cases.

 

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Case: The plaintiff Power Plant River Community Owners Committee (hereinafter referred to as the Industry Committee) v. the defendant Zhuang Mou and Sun Mou to rule out the nuisance dispute and compensation for the loss dispute. The original teller said: The two defendants signed an underground with a certain Jiangsu real estate company around 2012. The garage management contract, the contract expires on September 20, 2013. Because the defendant was dissatisfied with the owner's poor management of the garage, the developer did not renew the contract with him. On September 1, 2014, a certain property company in Jiangsu handed over the underground garage to a property management service company in Huai'an, but the property was rejected by the defendant during the reception process. The semi-underground garage of the power plant river community is a supporting project for the community. The defendant occupies the garage to bring harm to the safety hazards of the community. The owner's vehicle is parked on the residential road due to the high parking fee, which affects the owner's access and requests for the maintenance of the rights of all owners. The defendant was asked to dismantle the three houses built in the underground garage, restore the original condition, and move out of the underground garage of the power plant river community.

The court held that major matters concerning the sharing and joint management of power should be decided jointly by the owners. The owners' committee is the executive body of the owners' meeting. According to the authorization of the owners' meeting, the civil activities are carried out on behalf of the owners. The legal consequences are borne by all the owners. In this case, the contract between the two defendants and a certain property company in Jiangsu was terminated on January 20, 2014. Since then, the property company has clearly stated that it will not renew the contract and the defendant has not paid the contract. The lease contract between the two parties has arrived. termination. As the lessee, the defendant continued to occupy and use the rented garage when the lease contract expired and the parties did not reach the renewal lease. The contract was not in compliance with the contract and there was no legal basis. Therefore, the court requested the plaintiff to resign the defendant. The underground garage was supported by a request for dismantling the three buildings and restitution.

[From China Judgment Paper Network, Case No. (2016) Su 0811 Minchu No. 294]

 

Fourth, the owners' committee holds the way

In life, when the legal rights of more owners are violated, the owners hope to defend their rights by holding a meeting. At this time, the owner's committee may encounter the relevant legal obligations at the convening meeting, which will eventually lead to no complaints from the owners and intensification of conflicts. So how do the owners' committees hold meetings? (As shown below)

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Through the above content, everyone has a certain understanding and understanding of the establishment of the owners' committee in the community, the legal status and the importance of its existence. The owner member can not only sign a property service contract with the property service enterprise, but also timely understand the opinions and suggestions of the owner and the property user, supervise and assist the property service enterprise to perform the property service contract, and can timely deal with and solve the problem between the owners and the owner and the property company. The contradiction between. When a foreign-related litigation case occurs, if a part of the owner or real estate development unit infringes the rights of the collective owner, the owners' committee may file a lawsuit in its name to protect the legitimate rights and interests of the collective owner.