The owner of Guangzhou is absent, and the new property is approved by the court by the neighborhood committee.

Text/Yangcheng Evening News all -media reporter Dong Liu

After the term of the community industry committee, the new industry committee has not been established. In the face of the "not strong" original property, how can the community owners re -select the property? Can the neighborhood committees sign a new property on behalf of the Signing on behalf of Yueyue? The Guangzhou Intermediate People's Court has recently passed a judgment that the neighborhood committee may help the power!

After the expiration of the session of the community in Guangzhou, the new owner committee failed for some reason. After a joint request of an owner who accounted for more than 20%of the total area of ​​the building and more than 20%of the total number of people, the community neighborhood committee where the community was located organized the bidding of re -selection and hiring property companies, and promptly hosted the owner conference. After voting by the owner of the community, the "double half" (that is, the participation of the exclusive parts accounted for more than half of the total building area and the number of participants was more than half) Owners agreed to select A company to provide property services to the community. After the publicity period expired, Company A signed a property service contract with the neighborhood committee and settled in the community to provide property services.

However, the community owner said that the property service contract should be signed by the developer or the community industry committee. The neighborhood committee has no right to sign a contract on behalf of the owner of the community. Essence In order to recover the property fee, Company A sued Zhang to the court.

After the trial of the second instance of the Guangzhou Intermediate People's Court, Zhang made a decision: Zhang paid the property cost of the company in Company A. The judgment has come into effect.

Liu Hui, a judge of the Guangzhou Intermediate People's Court, said that the property service contract is a newly included in the Chinese Civil Code. Different from other famous contract signing subjects, one -to -one relative nature, the contract subject of the property service contract is special -according to Article 939 of the Civil Code, before the establishment of an owners' meeting, the construction unit was established, and the construction unit was by the construction unit. Sign the preliminary property service contract with the property service person; after the establishment of the owner's meeting, the owner committee and the property service party signed an ordinary property service contract.

According to Liu Hui, in practice, due to various reasons, some communities cannot elect the main committee of the industry, and have to use the preliminary property service contract signed by the construction unit and the property company; The lack of the expiration or members of the term of office cannot be or for the time being "broken" phenomenon of the new industry committee. At this time, if the former property is not strong, the owner can use third -party forces to assist the purpose of selecting new properties.

Liu Hui said that according to Article 58 of the Ministry of Housing and Urban -Rural Development's "Ownership Conference and Owners' Board" of the Ministry of Housing and Urban -Rural Development, the resident committee has certain management functions for communities in the area under its jurisdiction. After the legal procedures, the property company provides services to the owners to maintain the stable management order of the community, the owners live and work in peace, and promote the establishment of a grass -roots governance model of co -construction, co -governance and sharing.

In this case, although the original industrial committee of a community did not generate a new owner committee after the expiration of the term of office, the resident committee of the community in the residential committee where the community was located was organized in accordance with legal procedures. Work, the new property service person is selected in a timely manner for the community involved. The neighborhood committee is legal and valid for the property service contract signed with Company A according to the decision of the owner's conference, and has legal binding power to the owners of all community. Based on the admission of Company A and actually provided the corresponding property services, the owner enjoyed the corresponding service according to the principle of equivalent compensation, and naturally paid the corresponding consideration -property service fee.

Source | Yangcheng Evening News · Yangcheng School

Editor -in -law | Chen Qian

School pair | Peng Jiye

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