The establishment of the owners' committee shall be initiated by more than five community owners, and a written application for the establishment of the owners' committee signed by the sponsors shall be submitted to the District Bureau of Land and Housing Management. The application shall specify the name of the residential real estate developer, the name of the property management company, the total construction area of the residential area, the occupancy rate and the occupancy time. Copy of the property right certificate of the sponsor 1 copy; Application form for registration of the owners' committee; The votes of the owners' committee; The voting of the owner's representative; Power of attorney of the owner; The owners' congress or owners' congress sign-in form; Articles of association of the owners' committee; Owners' convention; Other relevant information.
2. What is the procedure for the owners' committee to recall its members? : (1), problem. Organize a rights protection group and take the lead in asking the industry Committee to have a discussion with the owners. Open forums and dialogues always get a response. In this way, the negative emotions of the owners can be transformed into the initial collective action. In this process, we can also find enthusiastic owners with thoughts, attitudes and patience, who will be the backbone of the "order reconstruction" of community governance in the future. (2) polymerization. Organize enthusiastic owners to discuss residential property management problems and solutions spontaneously. Through the above requirements, the owners who openly discuss with the industry committee can jointly sign their names, and their basic demands and willingness to act can be gathered together, and a copy of the joint name can be publicly posted in the community.
After that, there are two possibilities: the first is that the industry Committee (or the street coordination industry Committee) will come out to discuss. The second is that the industry Committee does not care. Come out to discuss, you can put forward all kinds of opinions about the right to know, form a dialogue community with the owner's position, start an open dialogue, and form a concrete rectification community. If the industry Committee does not hold an open discussion, it can start the recall procedure. But in any case, the voluntary groups of community owners should form a regular and normal discussion group. Under the organization of this volunteer group, public discussion topics and spaces will be formed in the community, and the opinions and suggestions of the owners will be collected as the "power source" for collective action. (3) re-election. When necessary, the committee may be re-elected by signing. If the industry Committee can actively rectify, the volunteer group can coordinate the obligee to actively prepare for the election of the industry Committee; If the industry committee does not actively respond to the owners' demands, the volunteer group can start to organize the removal and re-election of the members of the industry committee, and after reaching 20%, it can ask the sub-district office to organize the removal and re-election work.
3. Procedures for the establishment of the Industry Committee: (1) Within 30 days after the community meets the conditions for the establishment of the Industry Committee, the community construction unit shall report in writing to the local neighborhood office and the Township People's Government and apply for the establishment of the owners' meeting. (2) After the application is handed over to the street or community, the street sends staff as the leader of the preparatory group to form the preparatory group for the election of the owners' committee. In addition to the street or township staff as the team leader, the preparatory group also invited the construction unit to send representatives, and the real estate department at or above the county level sent representatives to participate. The rest are owners' representatives, which shall be more than or equal to two-thirds of the total number of the preparatory group, and the owners' representatives of the preparatory group shall generally meet the membership of the owners.
legal ground
Article 277 of the Civil Code of People's Republic of China (PRC) * * * Owners may set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.
The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
Article 280 of the Civil Code of People's Republic of China (PRC) * * * The decision of the owners' assembly or the owners' committee is legally 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.