As mentioned earlier, the local property management regulations are a mountain on the heads of the owners, unscrupulously violating the superior law, and the owners are breathless.
Article 53 of the Beijing Municipal Property Management Regulations stipulates that if a community cannot set up an owners' meeting, or if an owners' meeting cannot be established but the owners' committee cannot be elected, a property management committee can be formed.
This local regulation violates Article 10 of the Property Management Regulations, which stipulates that "if a general meeting of owners is not established, the owners shall jointly perform the duties of the general meeting of owners and the committee of owners." "Obviously, even if there is no property committee, there is no way to set up a PMC led by street personnel.
Article 99 of the Legislation Law stipulates that "administrative regulations shall have higher effect than local regulations". Article 80 stipulates: "Local regulations may be formulated on the premise that they are not in conflict with the Constitution, laws and administrative regulations." ”
As a layman of the law, the anchor can still be aware of this situation, and it is conceivable that the violation of the local property management regulations to the superior law has indeed reached the point of "blatant" and "unscrupulous".
What to do? Of course, owners who have a stake in their own interests have the responsibility to supervise and correct mistakes, and the best way is the law.
Paragraph 2 of Article 108 of the Legislation Law stipulates that: "The Standing Committee of the National People's Congress shall have the power to revoke local regulations that contravene the Constitution, laws and administrative regulations. ”
Article 110 also stipulates: "Where a citizen believes that an administrative regulation, local regulation, autonomous regulation, or special regulation is in conflict with the Constitution or laws, he or she may submit a written proposal to the Standing Committee of the National People's Congress for review, which shall be reviewed by the working body of the Standing Committee." ”
These laws clearly give the individual owner the right to submit a legislative review of the local property management regulations to the People's Working Committee, and revoke the provisions that violate the superior law, rather than being in a helpless situation.
Of course, this important task should be more undertaken by lawyers or other legal workers, after all, most owners are not professional, and do not know how to make and submit review proposals, "when there is an avalanche, no snowflake is innocent", lawyers are often also owners, naturally also have this responsibility, today local regulations will infringe on this right, tomorrow may infringe on other rights.
The anchor will also launch a ** analysis of property management regulations in various places in the future, so that everyone can be alert to the unreasonableness; At the same time, it is also necessary to introduce the service of ** such examination instruments.
However, what is more important is the awareness of owners to protect their own rights and interests, which is the proper meaning of modern citizens, joining the group of owners of anchors and exchanging experiences with each other.