A few days ago, when the reporter interviewed in Jinjiang Chidian Yuxia Garden Community, some community owners reported to us that the old owners' committee of the community has been overdue for nearly four years, and recently signed a contract on behalf of the community to rent out the parking lot outside the community. Can an overdue owners' committee still sign a contract on behalf of the community? What is the validity of this lease contract?
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Jinjiang Chidian Yaoxia Garden Community was completed in 2012, and on November 15, 2017, the community established an owners' committee for a term of three years, that is, from November 15, 2020, this property committee has expired. At the end of May this year, the owners suddenly found that the parking lot on the periphery of the community was leased to others to operate, and when they asked, they found out that the tenant was renting the space from the property committee, which had been overdue for nearly four years.
Mr. Xie, the owner of the Yuxia Garden Community
[The Owners' Committee] has expired, but they have not had a normal term change. There is no normal election, May 24 or 26, 2024, and the rental of a parking lot outside is still authorized.
In this three-year, total amount of 300,000 yuan lease contract, stamped with the seal of the community business committee. The Owners Committee has been overdue for more than three years, who is in the hands of this seal? Which account did the $300,000 rent go into? Is this contract valid?
Lin Huangcan, head of the Planning and Construction Office of Chidian Town, Jinjiang City
Who is the official seal of the Owners' Committee? Previously, it was in the hands of the original owners committee members. The contract signed by the original members of the Owners' Committee should be invalid in law.
The owner of the community once complained on the 12345 platform, and the handling department responded that the seal of the former property committee was only collected and sealed by the property management office of Chidian Town on June 4, 2024.
Lin Huangcan, head of the Planning and Construction Office of Chidian Town, Jinjiang City
We have to wait for the establishment of their new business committee, and their new business committee will determine (the validity of the contract). If they say that they agree to this contract, then it is up to them to sign the contract again, and they will prevail. Then, if they don't agree, the contract is void.
After the old business committee of the Yaoxia Garden Community expired, the corresponding bank account was also locked, and the rent involved in the contract is currently kept by the financial person in charge of the original business committee.
Reporter VS Lin Huangcan, head of the Planning and Construction Office of Chidian Town, Jinjiang City
In a private account? Yes, but they do keep accounts. Will we supervise this money? When the time comes, you will have a new business committee and you will be able to check their accounts at any time.
At present, there are many problems such as fire protection, elevator maintenance, and illegal construction, and more than 1,200 owners in the community are eager to have a new business committee to lead the owners of the community to build a happy home. At present, the general election of the community business committee has entered the preparatory stage.
Chen Wenhou, deputy mayor of Chidian Town, Jinjiang City
Our town and the Housing and Urban-Rural Development Bureau should step up the establishment of this industry committee. It should be set up, we will manage the whole of everything, including the property, our whole (community), and we will further standardize.