The procedure for establishing an owners committee:
1 Owners who want to establish an owners committee should first establish contact with each other, and then contact more than one-tenth of the owners in the community to sign and initiate the establishment of an owners meeting initiative, and at the same time sent a letter inviting district and county community offices to guide the establishment of owners' meetings in their own communities.
2. Form a preparatory group for the establishment of the owners' meeting. The members of the preparatory group can be recommended by the owners themselves or by the owners. The best way is for the initial sponsor to post a notice and ask the owners to voluntarily sign up to participate in the preparatory work within a certain period of time.
3. The preparatory group starts work (if the number is small, all owners who are willing to participate can participate), drafts the articles of association of the owners' committee, decides the time for the establishment of the owners' meeting and the number of members of the owners' committee, and gathers owners who are willing to serve as the owners' committee. The list of owners working on the committee and the information of the owners participating in the election shall be notified to all owners and relevant neighborhood committees fifteen days before the establishment of the owners' meeting. If a meeting is established, representatives from district and county community offices and relevant neighborhood committees can be invited to participate.
4. Provide the drafted articles of association of the owners committee, information of all owners participating in the election of the owners committee, votes (it is best to use the method of counting objections), the time for requesting feedback and the time for establishing the owners meeting (collect The deadline for feedback should be earlier than the time when the owners' meeting is established) and sent to each owner in writing, and all owners who have received the above information are asked to sign receipts.
5. When setting up the owners' meeting, the preparatory team will publicly conduct the vote inspection work and count the receipts and feedback received under the condition that all owners in the community have the right to participate in supervision. If the receipt exceeds more than 1/2 of the voting rights held by the owners and the objections in the feedback are less than 1/2, the owners' meeting will be established and the articles of association of the owners' committee will be adopted. Within the range of the number of members of the owners' committee, the owners who receive the fewest votes against can serve as members of the owners' committee.
6. The owners committee holds its first meeting, elects the director and deputy director of the owners committee, and can start work.
7. Submit the brief process of establishing the owners' meeting, the list of directors and members of the owners' committee, and the articles of association of the owners' committee to the district or county community office for record, and ask the recipient to sign for it and indicate the time when the document was received.
8. If you still have not received the filing opinions from the district or county community office after ten days of filing, you can ask them to issue them as soon as possible.
To establish an owners committee in a community, one of the following conditions must be met: the floor area for sale of public housing reaches more than 30%; the floor area for sale of newly built commercial housing reaches more than 50%; the floor area for sale of residential buildings has reached more than 50%. Two years. If one of the above situations occurs, the local district or county real estate management department shall organize the first owners' meeting or owners' representative meeting together with the residential selling unit to elect an owners' committee. Generally speaking, the owners' committee is elected by the owners' meeting or the owners' representative meeting, and the members of the owners' committee should be the owners.
Legal Basis
"Civil Code"
Article 277, owners can establish an owners' meeting and elect an owners' committee. Specific conditions and procedures for the establishment of owners' meetings and owners' committees;
In accordance with the provisions of laws and regulations. Relevant departments of the local people's government and residents' committees shall provide guidance and assistance in establishing owners' meetings and electing owners' committees.
"Property Management Regulations"
Article 9, a property management area shall establish an owners' meeting. The division of property management areas should take into account factors such as the property's public facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.