Yichang City (property area name) Voting rules for the first owners' meeting
(model text 2022 version)
Use instructions
1. This demonstration text is for reference when formulating the voting rules for the first owners' meeting.
2. The preparatory group for the first owners' meeting may select, modify, add or delete the terms and contents of the model text according to the specific circumstances of the property area. There is no order in which the options related to selective terms are sorted.
3. The voting rules for the first owners' meeting formulated should be solicited for the owners' opinions and implemented after being voted by the preparatory group for the first owners' meeting. The voting rules shall be delivered to the owners together with the notice of the first owners' meeting, and shall be announced at the same time as the notice of the first owners' meeting, and the voting shall end when the announcement period ends.
Voting Rules for the First Owner's Meeting of Yichang City (Property Area Name)
Article 1 In order to regulate (Property Area Name) voting at the first Owner's Meeting and safeguard the legal rights of owners to participate in property management activities, these rules are formulated in accordance with the provisions of relevant laws, regulations and normative documents such as the Civil Code of the People's Republic of China, the State Council's " Property Management Regulations ", "Hubei Province Property Service and Management Regulations", "Yichang Residential Community Property Management Regulations" and the Ministry of Housing and Urban-Rural Development's " Guidelines for the Guidance Rules for the Owner's Meeting and Owner's Committee" and other relevant laws, regulations and normative documents.
Article 2 These rules apply to the voting of the "Rules of Procedure for the Owners' Meeting", "Management Rules", "Owners' Committee Election Measures", "Owners' Committee Work Rules" and the election of the first Owners' Committee , and establish the Owners' Meeting of the Owners' Committee.
Article 3 The first owners' meeting of this property area shall be held under the guidance and assistance of the street office (town people's government) and the residential (village) committee.
Article 4 Before the voting of the first owners' meeting, the "Rules of Procedure for the Owner's Meeting", "Management Rules", "Owner's Committee Election Measures" and "Owner's Committee Work Rules" formulated by the Preparatory Group for the First Owner's Meeting (hereinafter referred to as the Preparatory Group) shall be announced in a prominent position in the property area in accordance with relevant regulations. The owner may raise an objection, and the preparatory group shall respond to the objection.
Article 5 When an owner attends the owner's meeting, the identity of the owner and the area of the exclusive part they own shall be determined in accordance with the provisions of laws, regulations, rules and normative documents.
Article 6 The building area and total building area of the proprietary part shall be determined according to the following methods:
(I) The area of the proprietary part of shall be calculated according to the area recorded in the real estate registration book of the ; if the property rights have not been registered, the area measured by the surveying and mapping agency; if the actual measurement has not been conducted, the area recorded in the house sale contract ;
(II) The total area of the building shall be calculated according to the statistical sum of the preceding paragraph;
Article 7 The number of owners and total number of owners shall be determined according to the following methods:
(I) The number of owners shall be calculated according to the number of proprietary parts, and a proprietary part shall be calculated according to the total number of proprietary parts.
(II) The parts that have not been sold and have not been delivered but have not been delivered are calculated as one person;
(II) If the same buyer has more than one proprietary part, it is calculated as one person;
(IV) The total number of people is calculated according to the statistical sum of the preceding paragraph.
(V) If a proprietary part has more than two owners, one person shall elect one person to exercise the right to vote;
Article 8 The voting at the first owners' meeting shall be carried out in the following (multiple choice) methods:
(I) Paper voting;
1. On-site voting;
2. Registered mail , Postal express ;
(II) (name of the government-built electronic voting system) electronic voting system;
(III) voting by WeChat, QQ, and email,
(IV).
- Owners should actively participate in the owners' meeting and participate in the decision-making of joint management affairs of the property area.
voting in paper. If the owner is unable to attend for some reason, the owner may fill in the voting ballot and entrust other owners to submit it on his behalf; he may also vote in other ways in paper voting methods stipulated in these rules.
Owners can issue a power of attorney and entrust an agent to vote. The power of attorney shall state the name of the principal, ID number, contact number, as well as the agent's name, ID number, agency matters, authority and period, and shall be signed or sealed by the principal. If an agent is appointed to vote, the agent shall vote on the spot in paper.
Article 10 If the owner is a person with no civil capacity or a person with limited civil capacity , his legal guardian shall exercise his voting rights on his behalf.
If the owner is a legal person, the natural person representative authorized by or the natural person representative authorized by the legal representative; if the owner is , the natural person representative authorized by the non-legal person organization shall exercise the voting rights.
If the community office space is located in this property area and is registered under the name of the residents' committee, the residents' committee shall designate a full-time community staff member to exercise the voting rights.
Article 11 The voting opinions of the first owners' meeting are divided into three categories: agree, objection, and abstention.
voting election votes may not be changed once they are cast.
Article 12 The voting votes at the first owners' meeting include election information and voting information.
(I) Voting information includes voting matters and the following information:
1. Voting opinions on the "Rules of Procedure for the Owners' Meeting", "Management Rules", "Owners' Committee Election Measures" and "Owners' Committee Work Rules";
2.
(II) Election information includes the name, occupation, political appearance of the candidates of the owners' committee and the following information:
1. Gender;
2. Age;
3.
Article 13 If voting is performed by paper voting, the preparatory group shall confirm the identity of the owner.
If the voting is conducted by registered mail and postal express in paper voting, the preparatory group shall also confirm the owner's mailing address and other information. If
- votes by electronic voting, the preparatory group shall publish the electronic voting rules and voting operation guidelines for the owner to bind the house information according to the procedures. The preparatory group shall confirm the identity of the owner. The preparatory group shall also open and close the voting platform in accordance with the starting point and end point of the meeting time specified in the notice of the first owners' meeting (the time span should not exceed 20 days).
Article 15 If voting by email, the preparatory group shall confirm the owner's identity and owner's email account and other information.
Article 16 If voting by WeChat or QQ, the preparatory group shall confirm the owner's identity and the owner's WeChat ID (mobile phone number), QQ number and other information.
Article 17 Preparatory group shall form an invoice receiving and receiving group, each group shall have no less than 2 people, composed of enthusiastic owners recruited from the preparatory group.
candidates and their immediate relatives should be avoided.
Article 18 If voting by paper voting, the invoice sending and receiving group shall be responsible for issuing paper voting election ballots (hereinafter referred to as paper voting). If the invoice sending and receiving group submits paper tickets in person, the owner shall sign the paper ticket issuance and receipt registration form. When the ticket collector is a non-owner, the invoice group shall contact and inform the owner on the spot and ask the ticket collector to transfer the paper ticket to the owner in a timely manner; if it is placed in the owner's mailbox or the exclusive part of the owner's building, the invoice group shall record the details; if it is mailed, the invoice group shall keep the mailing stub.
The time for issuing paper tickets is day. After the time for issuing paper tickets is over, the preparatory team shall announce the issuance of paper tickets. The publication includes: the basic situation of delivery of paper tickets; the list of owners who cannot be delivered (tip: it is recommended to use the house location information); the matters that the owners who have not received paper tickets are not notified (including asking the owner to contact the preparation group immediately after seeing the published information, collect the paper ticket before the voting deadline, and exercise the voting rights); the contact information of the preparation group, etc.
Article 19 The owner shall express his consent, objection or abstention to the "Rules of Procedure for the Owner's Meeting", "Management Rules", "Owner's Committee Election Measures", "Owner's Committee Work Rules" and each candidate of the Owner's Committee in accordance with his true wishes. If voting by paper voting, the owner should fill in the corresponding column on the paper ticket and sign his or her name in the signature column.
Article 20 If voting is carried out by paper voting, the voting time shall be based on the time of the notice of the first owners' meeting. The issuance of paper tickets and voting can be conducted at the same time. Voting is carried out in the following (multiple choice) method:
(I) Mobile voting. That is, during the voting period, the invoice group will come to collect the owner's votes. After confirming the identity of the voter's owner, the owner will put the filled and signed paper tickets into the mobile ballot box carried by the invoice group.
(II) Centralized voting. That is, during the voting period, the preparatory group will set up a ballot box at the entrance and exit of the property area or at the designated location. The owner or trustee will put the filled and signed paper tickets into the ballot box with a valid certificate. The invoice sending and receiving team shall do a good job in identity verification, signing and registering paper tickets at the voting point. The preparatory group should invite the residents' committee to send personnel to supervise.
(three).
Article 21 If voting by paper voting, at the end of the voting every day, the invoice receiving and receiving group shall seal the box and place it in a safe place designated by the residents' committee. No one shall damage the box.
Article 22 If voting is performed by electronic voting, the counting of votes will be automatically completed by the electronic voting system after the electronic voting is completed.
Article 23 If a voting is conducted by registered mail or postal express delivery, the owner will send the voting ballot confirmed by himself and the voting ballot confirmed by himself and the photo of his ID card (at least one) with the voting deadline to the preparatory group before the voting deadline.
Article 24 If a voting is performed by email, WeChat, or QQ, the owner will send the scanned copy (or photo) of the voting ballot confirmed by himself and the photo of the voting ballot confirmed by himself (at least one) with the signature confirmed voting ballot and his ID card to the preparatory group before the voting deadline through the email address, WeChat ID, and QQ number confirmed by the preparatory group.
Article 25: Take the following section (multiple choices are available) Item confirmation of the owners participating in the meeting voting:
(I) The owner signs and confirms on the paper ticket and puts the paper ticket into the ballot box;
(II) The owner votes in the electronic voting system (name of the government-built electronic voting system);
(III) The agent appointed by the owner signs and confirms on the paper ticket and puts the paper ticket into the ballot box (the principal shall present and submit a power of attorney);
(IV) The owner signs and confirms the paper tickets, and sends them to the preparation group at the specified time through registration mail, postal express delivery, etc., and the preparation group confirms the receipt;
(V) The owner signs and confirms the receipt on the voting ballot, and has transmitted it to the email, WeChat, and QQ number designated by the preparation group within the specified time through email, WeChat, and QQ. The preparation group confirms the receipt;
(VI).
Article 26 When the voting is over, under the guidance and supervision of the post-commissioned committee of the street office (town people's government) and the residential (village) Ethnic Affairs Commission, the vote checker, vote counter, and vote monitor shall conduct public vote checking, vote counting, and vote counting, and counting the voting results. If necessary, you can invite a notarization agency to make an on-site notarization.
Article 27 The preparatory group shall count the voting results and announce them within the day after the voting for the first owners' meeting.
preparation group shall archive and save the voting results of the first owners' meeting and their related information and the owners' voting information for verification.
Owners can check their voting information.
Article 28: Any voting required by the owners' meeting, the owners whose exclusive area of the property area accounts for more than two-thirds and whose number accounts for more than two-thirds shall participate, otherwise the vote will be invalid.
Article 29 "Rules of Procedure for the Owner's Meeting", "Management Rules", "Regulations on Election of Owners' Committees", and "Rules of Working Owners' Committees" are approved by the vote with the consent of more than half of the owners who participate in the voting area of the exclusive part and more than half of the owners who participate in the voting.
Article 30 The election of members and alternate members of the first owners’ committee shall be determined according to the following principles:
(I) Both the formal members and alternate members of the owners’ committee shall be approved by the owners’ owners’ owners’ committee who participate in the voting area and the owners’ owners’ voting for more than half of the area and the owners’ voting for more than half of the voting.
(II) The formal members and alternate members of the owners' committee were elected together, and the number of votes they received was sorted. The top candidates were elected as formal members of the owners' committee. The former candidate is elected as an alternate member after being elected as a member with the lowest votes among the formal members. (Tip: The number of blanks should be filled in according to the number of formal members and alternate members of the owners' committee in the "Owner's Committee Election Measures" and the "Owner's Conference Rules")
(III) When the candidates agreed by more than half of the owners participating in the voting area and more than half of the owners participating in the voting exceed the number of candidates to be selected, the number of owners who are agreed to by the candidates is sorted from high to low, and the number of owners with high owners is elected. (Or sorted from high to low by the area of the proprietary part, and the top candidate with a high area of the proprietary part is elected; or sorted from high to low by the sum of the number of owners and the number of exclusive part, and the top candidate with a high value is elected) (optional)
(IV) When the last candidate with the consent of more than half of the owners participating in the voting for the proprietary part and more than half of the owners participating in the voting for the last candidate (that is, more than two tied places are produced), the tied candidates are determined by the draw of lots.
(V) When more than half of the owners participating in the voting area and more than half of the owners participating in the voting have fewer candidates than the number of candidates to be elected (i.e. less than the name), the number of members who are insufficient shall be solicited within 30 days according to the requirements of the difference election and conduct by-election until the official membership quota is full. When the number of alternate members is insufficient, the owners' committee shall determine a separate time to convene a meeting of the owners' meeting for by-election.
Article 31 The owners participating in the voting shall clearly express their opinions, and may vote for voting in favor, against, or abstain from voting. Any of the following circumstances shall be deemed invalid and shall not be included in the number and area of the votes participating in the owners' meeting:
(I) Although the vote has been voted, it has not clearly expressed its opinion on favor, objection, or abstention;
(II) The voter's signature cannot be identified due to failure to fill in, alter, unclear handwriting, etc.
Article 32 The number of votes voted by the owners at the first owners' meeting is invalid if the number of voters and area to be voted in this property area is equal to or less than the number of voters and area to be voted in this property area.
The number of people selected for each vote exceeds the specified number of people to be selected is invalid, and the number of people to be selected is equal to or less is valid. The invalid votes referred to in this paragraph are included in the number of people and areas participating in the votes at this owners' meeting.
Article 33 If the voting opinions on a single matter are not filled in according to the symbols stipulated in the voting ballot, the voting opinions on the individual matter are invalid, but they do not affect the statistics of voting opinions on other matters; if the voting opinions are modified, they must be signed at the final selection of voting opinions.
Article 34 If the first owners' meeting voted to pass the "Rules of Procedure for the Owner's Meeting" and the "Management Rules" and the number of elected members of the first owners' committee (excluding alternate members) reaches the number of people (the number of people agreed in the "Rules of Procedure for the Owner's Meeting"), the owners' meeting of this property area shall be established.
Article 35 If the owner has objections to the voting election, he shall promptly submit it to the preparatory group, and the preparatory group shall respond; if the owner is not satisfied with the preparatory group's reply, he may request the street office (town people's government) to coordinate and resolve the issue.
If an owner finds that there are illegal acts during the voting and election of the first owners' meeting, he shall report it to the street office (town people's government).
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