The owners preparing for the establishment of the owners' meeting shall, under the guidance of the real estate administrative departments of the district and county people's governments and the neighborhood offices (township people's governments) where the property is located, be composed of the owners' representatives and the construction units (including the units selling public housing) to form the preparatory committee for the owners' meeting.
If the construction unit fails to submit the information as required, and the district (county) real estate management department has not corrected it after urging it, the district (county) real estate management department may organize personnel to obtain relevant information according to the written request of the owners for the establishment of the owners' meeting, and the expenses incurred shall be borne by the construction unit.
The preparatory group for the owners' meeting (hereinafter referred to as the "preparatory group") is composed of owners' representatives, generally 5- 15 people. The owner's representative should be a model owner who is enthusiastic about public welfare undertakings, has a strong sense of responsibility and has certain organizational ability. For unsold properties, the construction unit can participate in the preparatory group as the owner's representative. After the list of members of the preparatory group is confirmed, it will be published in writing in the property management area.
The preparatory group should make the following preparations:
(1) Determine the time, place, form and content of the first owners' meeting;
(2) Drawing up the rules of procedure of the owners' congress and the owners' convention (draft) with reference to the model text formulated by the competent government department;
(three) to confirm the identity of the owners at the first meeting of the owners' congress and determine the number of voting rights of the owners;
(four) to determine the way and list of candidates for members of the owners' committee;
(5) Make other preparations for convening the first owners' meeting.
The above items (1), (2), (3) and (4) shall be announced in writing in the property management area 15 days before the first owners' meeting.
The preparatory group shall organize the owners to hold the first meeting of the owners' congress within 30 days from the date of formation. The first meeting of the owners' congress shall be held in accordance with the following procedures:
(1) The preparatory group introduces the preparations for the owners' meeting;
(2) The preparatory group introduces the candidates for the owners' committee;
(3) The owners vote to elect members of the owners' committee;
(four) to consider and pass the rules of procedure of the owners' congress and the owners' convention;
(five) to consider and decide other property management matters.
Extended data
(a) the form of the owners' meeting?
The preparatory group or the owners' committee shall notify all the owners/0/5 days before the meeting, inform the local real estate management department (county) and residents' committee of the meeting time, place, topics and agenda in advance, invite the district (county) real estate management department and residents' committee to send representatives to attend, and listen carefully to the opinions of the district (county) real estate management department and residents' committee.
The meeting of the owners' congress may take the form of collective discussion or written comments. If the owners' meeting is held in the form of collective discussion, the owners' representatives may be elected to attend the owners' meeting in units of buildings, units and floors. If the owner's representative is unable to attend the meeting of the owners' congress for some reason, the owner he represents may elect another owner's representative to attend.
If the owners elect representatives to attend the meeting of the owners' congress, the owners' representatives shall, three days before attending the meeting of the owners' congress, solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress, and the number of owners' approval, opposition and abstention shall be truthfully reflected by the owners' representatives when voting at the meeting of the owners' congress.
(2) Provisions on the voting rights of owners
The voting right of the owners at the first meeting of the owners' congress is determined according to the building area of the property owned by the owners, the number of residential units and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Shanghai's "Several Provisions on Strengthening the Construction of Residential Property Owners' Congress" points out that the voting rights of residential property owners are calculated by sets. If a single owner holds more than 30 of all voting rights at the first meeting of the owners' general assembly, his voting rights shall be restricted.
(three) the decision of the owners' congress
The owners' meeting shall be valid only if the owners who hold more than half of the voting rights in the property management area participate. The decision made by the owners' meeting must be passed by more than half of the voting rights held by the owners present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.
The decision of the owners' meeting is binding on all owners in the property management area.
(four) the owners' meeting for the record
The owners' congress shall organize personnel to keep the minutes of the owners' congress, and within 30 days from the date of election, submit the minutes and resolutions of the owners' congress, the list of members of the owners' committee and basic information, the rules of procedure of the owners' congress, the owners' convention and other materials to the district and county real estate management departments for the record.
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