Measures of Anqing Municipality on Property Management (full text)

"Anqing property management measures" has been adopted at the executive meeting of the Municipal People's Government on February 1 2007, and is hereby promulgated and shall come into force as of April 1 2007. The following is the full text of this method:

Chapter I General Provisions

Article 1 In order to standardize property management activities, clarify the rights and obligations among owners, property users, property management enterprises and construction units, ensure the rational use of property, and create a clean, safe, civilized and comfortable living environment, these Measures are formulated in accordance with the provisions of the Regulations on Property Management of the State Council, the Regulations on Property Management of Anhui Province and relevant laws and regulations, and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management activities and their supervision and management within the urban planning area of this Municipality.

Article 3 The municipal real estate administrative department is the administrative department in charge of property management in this Municipality, and is responsible for the supervision and management of property management activities.

Construction, planning, urban management and law enforcement, public security, industry and commerce, price and other administrative departments shall, in accordance with their respective responsibilities, cooperate closely and do a good job in relevant management and supervision.

Article 4 Sub-district offices and township people's governments shall assist relevant administrative departments in supervising property management activities and coordinating the relationship between property management and community construction.

Residents' committees, villagers' committees and owners' congresses, owners' committees and property management enterprises shall, according to their respective responsibilities, support and cooperate with each other and do a good job in community management, community service and property management.

Chapter II Owners, Owners' Congress and Owners' Committee

Article 5 The owner of a house is the owner. Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.

All owners in the property management area form the owners' meeting, and the owners' committee is elected as the executive body of the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

Article 6 Owners shall enjoy the following rights in property management activities:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect the representatives of the owners and enjoy the right to be elected;

(six) to elect members of the owners' committee and enjoy the right to be elected; Supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) have the right to know, use and supervise the use of * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Seventh owners in the property management activities, fulfill the following obligations:

(a) abide by the owners' convention (including the temporary owners' convention) and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) pay the property service fee in full and on time, and cooperate with the property service activities;

(six) other obligations stipulated by laws and regulations.

Article 8 A property management area shall establish a general meeting of owners.

The scope of the property management area should fully consider the factors such as facilities and equipment, building scale, community construction, scale operation, convenient management and reducing management cost, and be divided according to the following provisions:

(a) new residential areas, including construction by stages or by more than two units, should be divided into a property management area according to the overall planning and design scope of the community;

(2) Non-residential properties in newly-built residential areas shall be divided into the same property management area as residential areas;

(3) If the scale of residential buildings is less than 20,000 square meters, several residential areas can be divided into one property management area according to the area surrounded by natural boundaries such as streets and roads;

(4) Commercial, office, hospital, school, factory, warehouse and other non-residential properties and single commercial and residential buildings with independent facilities and equipment can be closed for management and divided into a property management area.

(five) residential properties that have been completed and implemented before the implementation of these measures can continue to be used as independent property management areas.

Article 9 In a property management area, owners preparing for the establishment of the owners' meeting shall be composed of owners' representatives, construction units (including units selling public housing) and neighborhood (village) committees where the property is located under the guidance of the real estate administrative departments and neighborhood offices (township people's governments), and shall be responsible for the preparations for the owners' meeting. The list of members of the preparatory group of the owners' congress shall be published in writing within the property management area.

The preparatory group of the owners' congress shall organize the owners to hold the first meeting of the owners' congress within 30 days from the date of composition. The first meeting of the owners' congress shall generally formulate the owners' convention and the rules of procedure of the owners' congress, and elect the owners' committee.

Tenth owners' meeting has not yet been established, in any of the following circumstances in the property management area, the construction unit shall guide the owners to hold the first owners' meeting in accordance with the provisions:

(a) the occupancy rate reached more than 50%;

(two) the first batch of property delivery for 2 years, and the occupancy rate of more than 30%;

(3) The first batch of properties has been delivered for 3 years.

Eleventh owners in the same property management area are more, you can elect owners' representatives to participate in the owners' meeting.

If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of their representatives in writing on the matters discussed at the meeting of the owners' congress before attending the meeting; If the owner needs to vote, the owner's representative shall truthfully reflect the specific opinions of the owner in favor, opposition or abstention when voting at the owners' meeting after signing.

Article 12 The voting rights of the owners at the first meeting of the owners' congress shall be determined in the following ways:

(a) residential property rights according to a set of housing one person one vote;

(two) non residential property according to the construction area of every 200 square meters have the right to vote; If the building area is less than 200 square meters and there is a property right certificate, each certificate counts as one vote.

Owners may entrust other owners and property users to exercise their voting rights in writing, but property users do not have the right to be elected as members of the owners' committee.

After the first meeting of the owners' congress, the voting rights of the owners shall be determined by the rules of procedure of the owners' congress.

Thirteenth owners' congress shall exercise the following functions and powers:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds for property, and supervise the implementation;

(five) to formulate and modify the rules and regulations of the property management area, use facilities and equipment, and maintain public order and environmental sanitation;

(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Fourteenth owners' meeting can be in the form of collective discussion, but also in the form of written comments.

The decision made by the owners' congress must be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Decisions on matters specified in Item 4 of Article 13 must be made by owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people.

Fifteenth owners' meeting is divided into regular meetings and temporary meetings. Where a meeting of the owners' general assembly is held, all owners shall be notified before the meeting 15, and the matters discussed at the meeting of the owners' general assembly shall be announced in writing in the property management area.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. In any of the following circumstances, the owners' committee shall organize an interim meeting of the owners' congress.

(a) more than 20% of the owners proposed;

(two) a major accident or emergency needs to be dealt with in time;

(three) other circumstances stipulated in the rules of procedure of the owners' congress or the owners' convention.

If the owners' committee fails to organize an interim meeting of the owners' congress in time in accordance with the above provisions, the real estate administrative department shall urge the owners' committee to convene an interim meeting of the owners' congress.

Article 16 The owners' convention shall include the following contents:

(a) the name, location, area and number of households of the property;

(two) the convening procedure of the owners' meeting and the way to decide on major issues in the property area;

(three) the status of public places and facilities;

(four) the owners' rights and interests in using the public places, facilities and equipment in their property and property management areas;

(five) the owners' right to participate in property management;

(six) the owners' right to supervise the owners' committee and the property management enterprise;

(seven) the payment, use and supervision of property maintenance, conservation and management fees;

(eight) the owners shall abide by the code of conduct in the property management area;

(nine) the responsibility for violating the owners' convention;

(10) Other related matters.

Seventeenth the rules of procedure of the owners' congress shall stipulate the following matters:

(a) the discussion mode of the owners' meeting;

(two) the voting procedure of the owners' meeting;

(3) Measures for determining the voting rights of owners;

(four) the composition of the owners' committee and the term of office of its members;

(5) Other related matters.

Eighteenth owners' convention and the rules of procedure of the owners' congress shall come into effect as of the date of adoption by the owners' congress, and shall be announced by the owners' committee in the property management area.