How the "short-lived" industry committee was born

　　"The district business committee election methods and voting results are seriously illegal. It is decided to cancel the registration of the business committee and withdraw the filing certificate; the public security organ shall withdraw the official seal engraved on the basis of the filing certificate and destroy it..."

　　This "Notice" issued by the Subdistrict Office recently exploded in the Jinxiu Xingfu Coast Community in Jingyan County, Leshan.

The reason is that the community property committee was established not long ago and was registered on February 1 this year.

Now only in the past six months or so, the record registration has been revoked and the official seal has been withdrawn, which can be called "short-lived."

　　In this regard, the community committee did not understand.

"At the beginning, several departments participated in the election of the industry committee and agreed to file and stamp it." The director of the industry committee, Ms. Yuan, was very puzzled. Why was it cancelled after more than 6 months?

Who is responsible for this?

　　Currently, relevant local departments are investigating and handling the matter.

One piece of notice:

The street office revoked the registration of the business committee, saying that there was a serious violation of the law in the election

　　Some time ago, a "Notice" was suddenly posted in the bulletin column of the Jinxiu Happy Coast Community in Jingyan County, Leshan, saying that the election of the community business committee was illegal and the registration of the business committee was cancelled.

This "Notice" was issued by the Yancheng Sub-district Office of Jingyan County.

According to the "Notice", on December 18, 2020, the election method and voting results of the community business committee were seriously illegal. It was decided to cancel the registration of the business committee and withdraw the filing certificate; the public security organs would withdraw the official seal engraved on the basis of the filing certificate. Be destroyed.

　　The community property committee filed for registration on February 1 this year. Why is the housing construction department now recommending the neighborhood office to cancel it?

The above-mentioned letter stated that according to some owners’ complaints, it was found after investigation and verification that some provisions in the Owner’s Committee election method violated the "Property Law". Judging from the results of the election, the candidate "gets no more than half of the total number of owners" was still elected. "Area" is also not counted.

　　According to the "Property Law", the election of the members of the Ownership Committee should be approved by the owners whose exclusive part accounts for more than half of the total area of ​​the building and the owners who account for more than half of the total number. "More than half of the votes won."

In the district property committee election method, candidates only need to "get votes" more than half of the voters, instead of more than half of the total number of people in the community as stipulated in the "Property Law".

　　The Jinxiu Xingfu Coast Community is located on Xingfu Avenue, Jingyan County, Leshan City, and was delivered in October 2015.

In July last year, the developer submitted an application to the Yancheng Sub-district Office to establish an owners' meeting and elect the owners' committee.

Subsequently, the community set up a preparatory group for the first owners' meeting, including 13 representatives of local housing construction, streets, communities and owners, and jointly formulated the election method.

　　From December 18th to 24th, 2020, the first owners' meeting of the community was held.

On January 14 this year, the community preparatory group issued an announcement showing that the owners' assembly passed the community residents' convention, the rules of procedure of the owners' meeting, etc., and elected 5 people including Ms. Yuan as members of the first owner's committee.

The business committee meeting elected Ms. Yuan and Mr. He as the director and deputy directors of the business committee.

　　Because some owners are dissatisfied with the early-stage property services.

In August, the Owners Committee organized the third meeting of owners, and the winning property company was determined by voting.

　　On August 26, the Owners Committee announced the results of the public selection of properties.

However, the Yancheng Sub-district Office posted the above-mentioned cancellation notice in the community bulletin board the next night.

Reporter investigation:

The members of the preparatory group include multiple departments

The whole process of guiding the election was not "corrected"?

　　In the past few days, the reporter found through interviews and investigations that on August 17, 2020, the community established the preparatory group for the first owners’ meeting. The 13 members include Yao Lei (group leader), then deputy secretary of the Party Working Committee of Yancheng Street, and Jingyan County Real Estate Security Shi Jianqiang (Deputy Team Leader), Deputy Director of the Service Center, Hu Qihang, Secretary of the Party Committee of Chengnan Community.

　　According to the election method for the business committee discussed and approved by the preparatory group, the election is a secret ballot. According to the results of the ballot statistics, the members of the business committee are selected in order of the highest number of votes. The number of votes of the elected members should exceed 50% of the total number of votes cast.

However, judging from the "Property Law" at the time, the election method did conflict with the legal provisions. Why was it not discovered at that time?

　　In this regard, Shi Jianqiang told reporters that when the preparatory team met for the second time, he entrusted his colleagues to go. When he discovered the problem, the announcement of the election method had been posted. , But made remedial measures, re-made ballots, and improved the owner’s name, contact number, property area and other items on the ballots. Even if there are problems with the election method, the next step is convenient for statistics and traceability."

　　On January 13, the preparatory group organized a public voting.

Judging from the results of the voting, the candidates received more than half of the total number of voters (906 people), but not half of the total number of people in the community (1777 people), and the "area of ​​votes" was not counted, which obviously does not meet the requirements of the Property Law. The "double over half".

　　However, the relevant personnel of the preparatory group announced on the spot that, according to the number of votes, the first 5 people were elected as members of the Ownership Committee, and the last 2 people were alternate members.

Subsequently, the committee members elected Ms. Yuan and Mr. He as the director and deputy directors of the committee.

The next day, the preparatory team of the Chengnan Community on behalf of the chapter announced the results of the election.

　　On February 1, the deputy head of the business committee, Mr. He, came to Chengnan Community and Yancheng Sub-district Office successively with the registration materials. Both parties agreed to the registration and stamped for confirmation. At the same time, they sent a copy to Jingyan County Real Estate Security. Service Center.

　　From the establishment of the preparatory group to the introduction of the election method, from the convening of the owners’ meeting to the public voting, from the release of the election results to the completion of the filing and registration, the whole process was carried out with the participation and guidance of housing construction, streets and communities, but missed again and again. "The opportunity for the record was not revoked until more than 6 months after the record was filed.

latest progress

The business committee sued the relevant department of the street office for intervention in the investigation

　　However, after the establishment of the Splendid Happiness Coast Community Property Committee and the start of the selection and recruitment of properties, three owners filed a dispute over the owner’s right of revocation of the property committee to the court, requesting an order to publicly elect all the votes of the property committee. Revocation of the decision made by the owners' assembly to elect the establishment of the owners' committee, etc.

　　In response, the court ruled that disputes arising from the election of the community owners’ assembly and the owners’ committee should be dealt with by the relevant administrative organs and do not belong to the scope of civil litigation accepted by the people’s court, and the lawsuits and appeals of the three plaintiffs were rejected.

　　Previously, in response to some owners’ doubts about the election of the owners’ committee, the Jingyan County Housing and Urban-Rural Development Bureau publicly replied on January 25 that the matters and procedures of the preparatory group meeting of the community’s owner’s committee were in accordance with the "Sichuan Province Owners’ Conference and Owners’ Committee The "Guiding Rules" process is carried out and is publicized by the community as required.

　　On April 19, both Chengnan Community and Yancheng Sub-district Office affixed their official seals to the "Statement of Community Ballots" provided by the Ownership Committee to the court to explain the verification of the votes for the Ownership Committee's election and prove that "the situation is true."

　　Under this circumstance, the community property committee carried out its work normally, and held two more owners' meetings to select and hire properties, which consumed a lot of manpower and material resources.

Now, with a revocation notice, is it "useless"?

　　Ms. Yuan believes that the establishment of the Ownership Committee is in line with the election method adopted by the preparatory group, and relevant departments have also participated in the whole process and have been registered.

On September 6, the industry committee filed a petition against the Yancheng Sub-district Office, requesting the cancellation of the notice of the Yancheng Sub-district Office to revoke the industry committee's record.

The case has not yet been heard in court.

　　According to the relevant person in charge of the Yancheng Sub-district Office and Chengnan Community, many departments of Jingyan County have stepped in regarding the disputes in the Jinxiu Happy Coast Community and are conducting a comprehensive and systematic investigation.

　　Chengdu Commercial Daily-Red Star News reporter Gu Aigang photo report