【线上云德】疫情期间律师说（十八）|小区业主自治组织二三事

2020年的这场突如其来的疫情，多方位多层次给全中国带来前所未有的改变，疫情如一场风暴，不仅正在深刻改变着中国各大中小型企业。而且也改变了我们普通民众对社区、物业公司的态度、观念。所有服务企业都已停摆，但恰恰物业公司、社区的工作人员加大了服务力度、防控力度为了业主、居民的日常生活不顾自身安危在坚守着。那本次疫情下，完美的展现了小区管理水平，社区、物业、业主委员会完美配合给小区的居民业主带来意想不到的安心、放心。那对于没有成立业主大会的小区，本律师建议尽快成立业主大会，已达到小区社区、物业、业主大会三大“组织”完美结合。今天主要分享业主大会成立流程及相关职责：

The sudden epidemic in 2020 has brought unprecedented changes to China in many aspects and at many levels. The epidemic, like a storm, is not only profoundly changing China's large, medium and small enterprises. But also changed the attitude and concept of our ordinary people towards communities and property companies. All service enterprises have been suspended, but the staff of the property company and the community have stepped up their service efforts. The prevention and control efforts are sticking to the daily life of the owners and residents regardless of their own safety. Under the epidemic situation, the management level of the community was perfectly demonstrated. The perfect cooperation of the community, the property and the owners' committee brought unexpected peace of mind and confidence to the residents and owners of the community. For the residential areas that have not set up the owners' assembly, this lawyer suggests that the owners' assembly should be set up as soon as possible, which has reached the perfect combination of the three "organizations" of the residential community, the property and the owners' assembly. Today, I will mainly share the establishment process and related responsibilities of the owners' meeting:

先了解社区的基本构成：社区是基层居民自治的组织，实际上归街道办事处领导指挥。社区的重点工作为:1、计生2、民政(对口单位为民政局，负责高龄补助、低保、残疾人救助、留守儿童、伤残退役军人等);3、卫生(对口单位为爱卫办，主要负责管区内无物业管理的居民区卫生);4、劳动保障(对口单位为就业局、社保局);5、医保(对口单位为医保局，社保局，主要负责办理病退、医疗救助和社区医保的缴费);等大大小小最多120个项目。可见社区工作与业主居民之间的生活、生产息息相关。本次疫情下，社区的政府职能也更加突出。

First, understand the basic composition of the community: the community is an autonomous organization of grass-roots residents, which is actually under the command of the leaders of the subdistrict offices. The key work of the community is: 1. Family planning 2. Civil affairs (the counterpart is the Civil Affairs Bureau, which is responsible for old age allowance, subsistence allowances, assistance for the disabled, left-behind children, disabled veterans, etc.); 3. Health (the counterpart is Aiweiban, which is mainly responsible for the health of residential areas without property management in the district); 4, labor and social security (counterpart units are employment bureau, social security bureau); 5. Medical insurance (the counterparts are the Medical Insurance Bureau and the Social Security Bureau, which are mainly responsible for handling the payment of sick leave, medical assistance and community medical insurance); Such as large and small up to 120 projects. It can be seen that community work is closely related to the life and production of owners and residents. Under this epidemic situation, the government functions of the community have become more prominent.

直播过程中，主播尹律师联系了物业工作人员郭经理，在疫情期间，物业在元月23日就全部返回工作岗位，全身心投入到本次阻击战中，为小区消毒，安排业主日常生活所需的购进，并联系了有关单位农副产品进小区，在社区的指导下安全有序的为服务的小区进行服务。真是点点滴滴体现物业人的精神所在。感谢一线的物业人兢兢业业的为每家每户提供最基本的生活需要，向你们致敬。

During the live broadcast, Anchor lawyer Yin contacted property worker Manager Guo, During the epidemic period, all the properties returned to their jobs on January 23 and devoted themselves to this war of resistance, disinfecting the residential area, arranging the purchases needed by the owners in their daily life, and contacting relevant units to enter the residential area for agricultural and sideline products to serve the residential area safely and orderly under the guidance of the community. It really reflects the spirit of the property owner bit by bit. I would like to thank the front-line property owners for their conscientious efforts to provide each family with the most basic living needs and pay tribute to you.

其次小区还存在另一个自治组织--业主大会：

Secondly, there is another autonomous organization in the community-the owners' assembly:

一、法律依据《物权法》第75条、《物业管理条例》第8条和第10条以及《业主大会和业主委员会指导规则》建房[2009]274号相关规定；

1.The law is based on Article 75 of the Property Law, Articles 8 and 10 of the Property Management Regulations and the relevant provisions of Building [2009] No.274 of the Guiding Rules for Owners' Assemblies and Owners' Committees.

二、业主大会成立的流程：1、报送筹备材料：已交付的专有部分面积超过建筑物总面积50%；报送主体：建设单位应当按房地产主管部门要求，及时报送；文件资料：物业管理区域证明、房屋及建筑物面积清册、业主名册、建筑规划总平面图。2、成立筹备组，提出筹备业主大会书面申请60日内，负责组织、指导成立首次业主大会会议筹备组。3、完成首次业主大会会议准备工作；4召开首次业主大会。

2.Process for the Establishment of the Owners' Assembly: 1. Submit preparatory materials: The delivered exclusive part area exceeds 50% of the total building area; Submitted subject: the construction unit shall submit it in a timely manner according to the requirements of the real estate administrative department; Documents: Certificate of Property Management Area, Inventory of Housing and Building Area, List of Owners, General Plan of Building Planning. 2. Set up a preparatory group and be responsible for organizing and guiding the establishment of a preparatory group for the first owners' meeting within 60 days after submitting a written application for the preparation of the owners' meeting. 3. Complete the preparations for the first owners' meeting; 4 Hold the first owners' meeting.

三、业主大会职责及业主委员会职责明确知悉，要明确业主委员会系业主大会的执行机构，即业主委员会执行业主大会决定事项从他们职责可知道，业主大会的决议是业主自治最高决策机构。

3. the responsibilities of the owners' assembly and the responsibilities of the owners' committee are clearly known, to make it clear that the owners' committee is the executive body of the owners' assembly, that is, the owners' committee to implement the decisions of the owners' assembly can be known from their responsibilities, the resolutions of the owners' assembly are the highest decision-making body of the owners' autonomy.

业主大会是全体业主最高意思决策机构，为此在小区日常管理中，维护自身合法权益，首先应当完善业主的代表机构，决策机构方可实际保护业主的切身利益。所以请大家行动起来，完善我们应当有的业主大会自治制度。

The owners' assembly is the highest decision-making body of all owners. Therefore, in the daily management of the community, in order to safeguard their legitimate rights and interests, the representative body of the owners should be improved first, and the decision-making body can actually protect the vital interests of the owners. Therefore, please take action to improve the autonomy system of the owners' assembly that we should have.