Jingzhengbanfa [2001] No. 91 stipulates: "Where the occupancy rate of commercial housing or affordable housing exceeds 50%, or the first household has moved in for two years or more, a new residential community should form an owners committee; For old communities put into use before the end of 1994, if the housing reform sales rate exceeds 50%, an owners committee should be formed."

Jinggu Tufang Guanwu [2002] No. 316 stipulates: "For overall planning and staging. When the management committee is formed, all residential communities that have been moved in and put into use must comply with the "Notice on Several Opinions on Standardizing and Strengthening Property Management in this Municipality" (Jingzhengbanfa [2001] No. 91) Management Committee According to the conditions, the management committee should be elected together instead of in separate elections. For the parts of the residential complex that have not been occupied and put into use, the management committee should reserve property owner representative shares and management committee members for the owners of the unoccupied areas. Seats. ”

If one of the following circumstances occurs in a property management area, the district or county real estate management department shall organize the first owners’ meeting or owners’ representative meeting together with the residential sales unit to elect an owner. Owners Association.

(1) The sales floor area of ??public housing reaches more than 30%;

(2) The sales floor area of ??new commercial housing reaches more than 50%;

(3 ) The residence has been sold for more than 2 years. ?

After establishing the owners committee, registration procedures must be completed. Within fifteen days from the date of election, the owners' committee shall go through the registration procedures with the district or county real estate management department with the following documents:

(1) Registration application for the establishment of the owners' committee;

(3) Charter of the owners’ committee. ?

The district and county real estate management departments shall complete the registration work within fifteen days from the date of accepting the registration application and notify the applicant in writing. Owners' committees that are not established in compliance with the provisions of these regulations will not be registered.

How to establish a homeowners committee

Teach you step-by-step to establish a community homeowners committee

Written before: This article explains and introduces the regulations and introduction of relevant government departments on the establishment of a homeowners committee. It will teach you step by step the steps to establish an Owners Committee, the strategies you need to pay attention to when setting up an Owners Committee, etc. It also provides several documents related to the establishment of an Owners Committee written by the author for the reference of owners who want to establish an Owners Committee. Since this article is long, , the author could not think of a newspaper that could publish the full text, so I posted it online. Print media are welcome to reprint it according to the standards controlled by their own newspapers. At the same time, netizens who are concerned about the establishment of homeowners committees are also welcome to reprint it on the forums of their own communities.

Teach you step-by-step instructions on how to set up an owners committee

Many owners report that it is difficult to set up an owners committee. There are some problems of illegal administration by individual government staff, and there are also problems with owners who do not understand the methods of establishing an owners committee. , now the new "Property Management Regulations" have been announced, paving the way for the establishment of an owners committee. As long as owners learn how to use this legal weapon and master the correct methods, it will not be difficult for owners to establish an owners committee after September 1 .

Don’t give your weapons to the other party

Establishing an owners committee is the same as setting up a company. You must first understand the government’s procedural requirements for establishing an owners committee and the rights granted to owners by law, and comment on the law Whether the regulations and government regulations are reasonable and legal is not what we owners have to do when we establish an owners committee. Denying the laws and government regulations or tightening the spell on ourselves, complicating the establishment of the owners committee, or having fantastic ideas not only does not help the matter, but is tantamount to Surrender, or even give the weapon in your hand to the other party.

Five Interpretations on the Establishment of Owners’ Committees

The “Property Management Regulations” that came into effect on September 1 this year have five aspects regarding the establishment of owners’ meetings and owners’ committees. Now The author explains it one by one:

1. The establishment of the owners' meeting

Provisions: Owners in the same property management area should register with the real estate administrative department of the district or county people's government where the property is located Under the guidance of the owners, an owners' meeting was established and an owners' committee was elected.

Interpretation: The owners' meeting is established by the owners themselves, but it must accept the guidance of the real estate administrative department of the district or county people's government where the property is located. Specifically, in Beijing, it currently must accept the guidance of the district or county residential community management office. .

Guidance does not equal leadership. If owners request to establish an owners’ meeting, they should notify the district or county community office and request them to send someone to provide guidance. If they do not provide guidance, it is an inaction of the district or county community office and will not affect the situation. The owners shall establish an owners' meeting on their own.

The time limit for work in this area stipulated by Beijing for district and county community offices can be referred to the provisions of Beijing Tufangguanwuzi [2001] No. 516: "Property owners (representatives) who own more than 10% of the ownership If a written application is made to form a management committee on its own, each community office shall, within 15 days after receiving the written application, make a written reply on whether it meets the conditions for formation.

"

As for whether a property community meets the conditions for establishing an owners' meeting and an owners' committee, Beijing can refer to the following two regulations:

Jingzhengbanfa [2001] No. 91 stipulates: “Where the occupancy rate of commercial housing or affordable housing exceeds 50%, or the first household has moved in for two years in a newly built residential community, an owners committee should be formed; for old communities put into use before the end of 1994, if the housing reform sales rate exceeds 50%, An owners committee should be formed. "

Jinggu Tufang Guanwu [2002] No. 316 stipulates: "For residential communities that are overall planned and constructed in phases, when the management committee is established, all residential communities that have been moved in and put into use shall comply with the "About "Notice on Several Opinions on Standardizing and Strengthening Property Management in this City" (Jingzhengbanfa [2001] No. 91), the management committee should be elected together and no longer be elected in separate elections. For the parts of the residential complex that have not yet been occupied and put into use, the management committee should reserve property owner representative shares and management committee member seats for owners of unoccupied areas. ”

2. Division of property management areas

Provisions: A property management area shall establish an owners’ meeting. The division of property management areas shall take into account the facilities, equipment and buildings used by the property. Factors such as property size, community construction, etc. Specific measures are formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Interpretation: To establish an owners' meeting, owners must first determine the property management area where they are located. In Beijing, they can refer to Jingfang Land Features. Document No. 1998308 stipulates: “The division of property management areas shall, in principle, be relatively closed, with relatively concentrated supporting facilities and infrastructure, and capable of independent use. However, the total construction area of ??houses in an area shall be controlled below 200,000 square meters. . ”

3. Establishment of the voting rights of the owners’ meeting

Provisions: The voting rights of owners at the first owners’ meeting shall be determined based on factors such as the building area of ??the property owned by the owner and the number of residential units. Specific details The procedures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central Government.

The rules of procedure of the owners' meeting shall stipulate the discussion methods, voting procedures, methods for determining the voting rights of the owners, the composition of the owners' committee and the terms of office of the members. < /p>

Interpretation: The voting rights of the first owners’ meeting are determined by the local government, and the voting rights of the future owners’ meeting will be agreed upon by the owners’ meeting.

The voting rights of the first owners’ meeting in Beijing can be referred to in Beijing. Fang Di Wu Zi 1997 Document No. 485: “In voting, property owners shall have one vote for each unit of residential housing; one vote for every 3,000 square meters of non-residential housing, and one vote for each property rights certificate if the area is less than 3,000 square meters. "He Jing Tu Fang Guan Wu [2002] No. 316: "In a property management area that has been determined, if the original development and construction unit owns more than 20% of the property rights of all residential properties before the housing is sold out, the property rights will be held. At the People's (Representatives) Congress, their voting rights and actual votes are calculated based on 20% of the share, and the excess will not be calculated. ” provisions are determined.

IV. Meeting requirements and voting methods of the owners’ meeting

Provisions:

1. Convening a meeting of the owners’ meeting shall be held at the meeting Notify all owners before the 15th.

2. The owners' meeting can be held in the form of collective discussion or written solicitation of opinions; however, there should be more than 1/2 voting rights in the property management area.

3. Owners can entrust a proxy to attend the meeting of the owners' meeting. 4. Decisions made by the owners' meeting must be approved by more than 1/2 of the voting rights held by the participating owners. Decisions made by the owners' meeting to formulate and amend the owners' convention, the rules of procedure of the owners' meeting, the selection and dismissal of property management companies, the use of special maintenance funds and the renewal plan must be approved by more than 2/3 of the voting rights held by all owners in the property management area.

6. The relevant residents’ committees should be notified of the owners’ meeting in the residential area at the same time.

Interpretation: All owners must be notified at least 15 days in advance of the meeting of the owners’ meeting, and the relevant neighborhood committees must be informed. The owners' meeting does not have to be held in the form of a meeting. The owners' meeting makes general decisions, which can be passed if more than 1/4 of the voting rights of all owners in the property management area are held. The owners' meeting formulates and modifies the owners' convention, the rules of procedure of the owners' meeting, and elects Decisions on hiring and dismissing property management companies, the use of special maintenance funds and renewal plans must be approved by more than 2/3 of the voting rights held by all owners in the property management area. The regulations do not stipulate that the establishment of the owners' meeting must be voted by all owners in the property management area. It requires more than 2/3 of the votes to be passed, and there is no requirement to pass the resolution with a "yes vote". Therefore, it is not particularly difficult to establish the owners' meeting and elect the owners' committee.

Owners in Beijing can currently refer to Beijing Real Estate. According to the provisions of Wuzi No. 1998308, if the first owners committee is elected by announcement, the following provisions shall be followed: l. The preparatory team shall announce the management committee in a conspicuous position on the advertising board and public place. The articles of association, candidates for the Management Committee members and election methods shall be submitted in writing, and the above materials shall be delivered to all property owners in writing; 2. Within the time specified in the election methods, if the preparatory group does not receive more than 50% of the total votes against the votes, it can The owners' committee establishment record shall be filed with the district and county community offices.

5. Owners Committee Filing

Provisions: The owners committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located.

Interpretation: The establishment of the owners' committee does not need to be approved by the real estate administrative department of the district or county people's government. It can be filed with the district or county community office within 30 days after its establishment. The biggest difference between the filing system and the approval system is that the establishment of an owners committee under the filing system can be filed as long as the establishment procedure does not violate legal restrictions. The owner is responsible for the establishment of the owners committee; the establishment of an owners committee under the approval system must comply with the real estate regulations of the district and county people's government. According to the requirements of the administrative departments, the real estate administrative departments of the district and county people's governments shall be responsible for the administrative management of the establishment of the owners' committees.

At present, there are no registration requirements in Beijing, but some past regulations can be used as a reference:

(1) For the composition of the owners’ committee members, please refer to the Beijing Government Office [2001] 91 Document No. "Depending on the scale of the property management area, the owners' committee generally consists of an odd number of five to fifteen members." Hejing Fang Diwu Zi 1997 No. 485 "The director of the management committee must be the property owner or the property owner's representative. " regulations.

(2) To submit registration materials to the community office, please refer to the requirements of Jingfang Diwuzi No. 1998308: "1. The official name of the establishment of the management committee; 2. Property management area; 3. Property rights status of the house ; 4. The office space of the management committee; 5. The brief process for the election of the management committee should include the method for selecting property owners and user representatives, the counting method, and the election procedures. ”

(3 ) The time for the owners' committee to be established and completed at the district or county community office for registration shall refer to the provisions of Jingfang Diwuzi 1997 No. 485, which should not exceed 10 days from the submission of materials.

Eight Steps to Establish an Owners Committee

After understanding the relevant regulations for the establishment of an Owners Committee, it is necessary to carry out specific operations according to the regulations.

In the first step, 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, initiate an initiative to establish an owners meeting, and send a letter inviting the district and county The community office guides the establishment of owners' meetings in their own communities.

The second step is to 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 recommended by the owners. The best way is to have the original initiators put up a notice and ask the owners to come within a certain time. Please sign up voluntarily to participate in the preparation work.

The third step is for the preparatory group to start work (if the number is small, all owners who are willing to participate can participate), draft the articles of association of the owners' committee, decide the time for the establishment of the owners' conference and the number of members of the owners' committee, and gather willing The list of owners who serve in the owners' committee and the information of the owners who are candidates for election shall be notified to all owners and relevant neighborhood committees fifteen days before the establishment of the owners' meeting. If the meeting is established, representatives from the district and county community offices and relevant neighborhood committees may be invited to participate.

The fourth step is to include the drafted articles of association of the owners' committee, information on all owners who are participating in the election of the owners' committee, votes (preferably by counting objections), the time for requesting feedback and the time for establishing the owners' meeting. (The deadline for collecting feedback should be earlier than the time when the owners' meeting is established.) Send it in writing to each owner, and ask all owners who have received the above information to sign a receipt.

The fifth step is to set up the owners' meeting. The preparatory team will publicly conduct the ticket inspection work under the condition that all owners in the community have the right to participate in supervision, and count the receipts and feedback received. If the receipts exceed the owner's holdings, With more than 1/2 of the voting rights and less than 1/2 of the objections in the feedback, the owners' meeting is established and the articles of association of the owners' committee are approved. Within the range of the number of members of the owners' committee, the owners with the fewest opposing votes can serve as members of the owners' committee.

The sixth step is that the owners committee holds its first meeting to elect the director and director of the owners committee and start work.

The seventh step is to 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 will be received.

Step 8: If you still have not received the filing opinions from the district or county community office ten days after filing, you can ask them to issue it as soon as possible.

Strategies that need to be paid attention to when establishing an owners committee

1. Don’t talk about rights protection all day long

Rights protection does not have to be talked about in order to safeguard rights. , if you shout about rights protection all day long, you will invisibly create enemies for yourself before you take action. Some owners do not like to study methods to establish owners committees, but like to say that government and business collusion, invisibly setting up an additional obstacle to the establishment of owners committees. .

In fact, corrupt officials who truly collude with businessmen pay more attention to the black gauze hat on their heads. Without the black gauze hat, the collusion between government and businessmen will lose the word "official", and the collusion between government and businessmen will be impossible.

So the author suggests that if owners want to establish an owners committee, what should be promoted is to improve the quality of property management in the community and do a good job in community construction. Now many property companies understand that there is no way to stop the establishment of the owners committee. They also need breakfast and dinner bowls. Relying on the support of the owners' committee, they are unwilling to go against the owners. Therefore, when the owners establish the owners' committee, they should find ways to dispel the concerns of the property management company, so that the property management company can see the hope of cooperation with the owners' committee in the future, and clear the obstacles of the property management company, which is equivalent to The obstacles for real estate developers have been cleared. At this time, even if the government and business collusion has no impact on the establishment of the owners committee, and the materials and expenses required for the establishment of the owners committee will be provided by the property company.

Owners should also learn how to "collude" between the government and the people. More "officials" want to do something, even if it is just for their own career. Therefore, owners should often publicize that the establishment of an owners committee can bring benefits to the community. The stability of the company allows the "official" to see the performance that the establishment of the owners' committee can bring to him, rather than the "trouble".

Although using rights protection as a slogan can inspire owners to participate, if there is any trouble, the preliminary work will be abandoned halfway. The tradition of being wise and self-protective makes most owners with families and businesses more concerned about their own safety. Don't talk about rights protection. Only if owners dare to participate in the establishment of owners' committees will things last long.

2. You must be able to mobilize the masses and have a spirit of contribution

When establishing an owners committee, it is best not to raise funds beforehand, as this can easily scare other owners away.

If the key members who request the establishment of an owners committee cannot obtain the support of the property management company, they must make some sacrifices first. Not only do they have to take time, but they must also be willing to pay some expenses out of their own pockets, of course, copying materials and so on. It would be better if you can find a way to use some social resources. Keep an account of the advanced expenses yourself and keep the invoices. After the owners' committee is established, sooner or later a property company will take the initiative to reimburse you.

It is not an easy task to issue documents for the establishment of the owners' meeting to every household. If you have the ability to mobilize the door attendants of the property management company or the uncles and aunts who do morning exercises to help you, you will be lucky.

3. "The king of hell is easy to meet, but the devil is difficult to deal with"

Chinese people are afraid of meeting officials, and they are even more afraid of having a hot face with a cold butt. In fact, this traditional concept should be changed. If the owners have not paid income tax, they have at least paid stamp duty and deed tax. Government workers are the servants of the people and are supported by the taxes paid by the people. What do they have to fear? If you encounter a cold butt again, just kick it hard a few times.

The owner reported that the community office staff refused to sign the documents when they were delivered. Next time you encounter this situation, tell him: "If you don't want to sign, I will ask your director to sign." If he really refuses to sign, If you don’t want to sign it, you should ask their director to sign it to ensure that someone will sign for the final document you send.

Owners have reported that some district community offices require that the establishment of an owners committee requires the submission of a lot of community property-related materials. If you encounter this situation, even if the property management company in your community refuses to provide it, you still need to submit it. Don't worry. Just ask the community office to write down the requirements for you, and then take the requirements written by the community office and go to the relevant departments of the Municipal Housing and Land Bureau to knock on doors and exercise your right to know. These departments of the bureau asked the director to ask for information from the staff of the district and community offices.

The community office will not record the establishment of the owners' committee. There is no basis for what you say. If there is no written reply, just pretend they didn't say it. You can carry out the work of the owners' meeting and the owners' committee as usual. If there is a written reply, see if it is reasonable. It is reasonable. If there is any illegal administration, go directly to the municipal community office. If the municipal community office cannot solve the problem, go directly to the municipal housing and land bureau director on the director’s reception day every month. If there are really ten community owners sitting in the director’s office every month and not leaving, those who are illegal administrative People will come to you on their own initiative. Remember that every time you look up, there must be written materials for the leader to "approval". If it is just a talk, some people may be "forgetful" and may have said it in vain.

Attachment: Reference documents related to the establishment of the owners committee

1. Ballot design

The following is a rewrite of the ballot that the author has used based on the design of the community, for reference only:

Dear owner: Hello!

The list and information of candidates for the XX Community Owners Committee are now sent to you. If you object to any of them serving as members of the owners committee, please put an , and then put your vote into the ballot box of XX community before March. According to Article You value your rights and support our work!

Thank you!

____Community Owners Conference Preparatory Group

____year__month__day

List of candidates for the owners committee members

Name

Ownership unit

Name

Ownership unit

I propose that Mr./Ms. of Building No. __ be the management committee member Committee Member

Gatehouse of Building No.____ of ____ Community

Signature:

____year__month__day

Note: If your property rights exceed one house, please indicate all house numbers on the ballot. Ballots without house numbers or signatures will be deemed invalid.

2. Receipt design

The following is an adaptation of the receipt that the author has used based on the design of the community where he is located, for reference only:

Receipt

I/on behalf of the property owner, I received the articles of association (draft) of the owners' committee, the information of the owners who participated in the election of the owners' committee, the ballot papers, and the notice of the establishment of the owners' meeting from the preparatory group of the owners' meeting.

Room __door_____, building ____, ____community

Signature:

____year__month__day

3. Charter of the Owners Committee

Charter of the Owners Committee The Beijing Municipal Bureau of Housing and Land has a model text of the Charter of the Management Committee for reference.

It has become feasible for the owners’ meeting to elect the owners’ committee. The author recommends that when the owners draft the articles of association of their own community owners’ committee, it should be stated that the owners’ committee will conduct the election by collecting negative votes, and indicate: If within the specified time, if Owners who do not vote against will be deemed to be in favor of the candidate being elected as a member of the owners committee.

4. Registration application form

The following is an adaptation of the application letter written by the author for approval of the owners committee of my community in 1998, for reference only:

Beijing ____ District (County) Residential Community Management Office:

There are ____ houses in ____ community ***. According to the requirements of the owners of ___ houses, the owners voluntarily participated in the On the basis of this, a preparatory group for the establishment of the ____ Community Owners Conference was established, and work officially started on ____ month ____.

The preparatory group for the establishment of the ____ community owners’ meeting will submit the ballot papers, the articles of association (draft) of the owners’ committee, and the owners’ meeting on ____, month ____ Notices of the establishment date and candidate information were distributed door-to-door and successfully distributed to the owners of ____ houses, and the neighborhood committees were informed.

____The preparatory group for the community owners’ meeting publicly conducted a vote verification process on ____, month, ____, with all owners in the community having the right to supervise. The owners who received the election documents If 50% of the votes against the charter of the homeowners committee were not received within the time specified in the election (____year__month__day to ____year__month__day), the charter of the XX community homeowners committee was adopted, and at the same time_ Mr./Ms. ___, ____,... did not receive 50% of the negative votes and were elected as members of the ____ Community Owners Committee.

____ The district (county) community office was requested to provide guidance on the establishment of the community owners committee, and all procedures complied with the provisions of the "Property Management Regulations" of the State Council.

____The Community Owners Committee is composed of

According to the "Property Management Regulations" of the State Council, this is hereby filed.

____Community Owners Committee

____year__month__day