Measures for Property Management in Dongying City, Shandong Province "Full Text"

Measures for Property Management in Dongying City, Shandong Province "Full Text"

The Interim Measures for Property Management in Dongying City was approved by the municipal government and implemented on May 17, 2005. The following is the full text I compiled:

Chapter I General Provisions

Article 1 In order to regulate property management activities, these Measures are formulated in accordance with the relevant provisions of the Regulations of the State Council Municipality on Property Management and the actual situation of this Municipality.

Article 2 The term "property management" as mentioned in these Measures refers to the activities in which the owners employ a property management company, and the owners and the property management company carry out maintenance, conservation and management of the property in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas.

Article 3 The government encourages owners to choose property management enterprises through an open, fair and just market competition mechanism.

Fourth city real estate administrative departments responsible for the supervision and management of the city's property management activities.

County real estate administrative departments shall be responsible for the supervision and management of property management activities within their respective jurisdictions.

Construction, planning, municipal management, urban management administrative law enforcement, public security, price, civil affairs and other departments shall jointly do a good job in the supervision and management of property management activities in accordance with their respective responsibilities.

Chapter II Owners and Owners' Congress

Article 5 The owner of a house is the owner.

Owners 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 members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' congress and the owners' committee;

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

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

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

(ten) other rights stipulated by laws, regulations and rules.

Article 6 Owners shall perform the following obligations in property management activities:

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

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

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

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

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws, regulations and rules.

Seventh a property management area to set up an owners' meeting.

The property management area shall be designated by the real estate administrative department according to the following factors:

(a) water supply, drainage, power supply, heating, fire fighting and other facilities and equipment shared by the owners;

(2) Belonging to a natural neighborhood or a closed community;

(3) Establish a residents' committee.

Article 8 All owners in the same property management area shall set up an owners' meeting and elect the owners' committee.

If there is only one owner, or the number of owners is small and all owners agree unanimously, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.

If there are a large number of owners, a representative of the owners can be elected to participate in the meeting of the owners' congress in units of buildings, units and floors.

Article 9 In the property management area, if the occupancy rate exceeds 50%, and the owners require the establishment of the owners' meeting, the enterprises providing property management services in the early stage, together with the construction unit (including the sale of public houses) and the owners' representatives, will form the preparatory group for the first owners' meeting and organize the convening of the first owners' meeting. If the pre-property management service enterprise fails to convene the first owners' meeting, it shall be convened by the owners under the guidance of the county real estate administrative department.

In the property management area, the first owners' meeting shall be held if the residential property built by stages meets the conditions mentioned in the preceding paragraph.

Tenth residential property owners in the first owners' meeting of the voting rights, according to the set of calculation, there is a separate housing property certificate of a set of one vote. The voting right of non-residential property owners at the first owners' meeting is calculated according to the building area of the property. If there is a separate real estate license, it will be counted as one vote if it does not exceed 100 square meter; If it exceeds 100 square meter, one additional ticket will be added for each time it exceeds 100 square meter. The voting rights held by an owner shall not exceed 30% of all voting rights.

Eleventh owners' congress shall perform the following duties:

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

(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, and supervise the implementation;

(five) to formulate and revise the rules and regulations on the use of common parts and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

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

Article 12 When convening a meeting of the owners' congress, all owners shall be notified before the meeting 15, and the meeting shall be conducted in accordance with the prescribed meeting form and voting rules.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Thirteenth owners' committee is the executive body of the owners' congress, and performs the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress.

Fourteenth members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Advocate members of residents' committees and owners' committees to work part-time with each other through legal procedures.

Article 15 The owners' committee shall, within 30 days from the date of election, file the establishment of the owners' congress, the rules of procedure of the owners' congress, the owners' convention and the basic information of the members of the owners' committee with the county-level real estate administrative department where the property is located, and publicize it in the property management area.

If the relevant matters recorded by the owners' committee change, it shall be re-recorded and publicized.

Sixteenth owners' congress and owners' committee to carry out the work of the funds borne by all owners. The raising, management and use of funds shall be stipulated in the rules of procedure of the owners' congress.

The owners' committee shall regularly announce the use of funds in the property management area in written form and accept the questions of the owners.

Seventeenth owners' convention should stipulate the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention.

The owners' convention is binding on all owners.

Article 18 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the voting rights of owners, the composition of the owners' committee and the term of office of members.

Nineteenth owners' congress and owners' committee shall cooperate with the public security organs and residents' committees to jointly do a good job in maintaining social order and other related work in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee in residential areas shall be informed to the relevant residents' committees and their suggestions shall be listened to.

Chapter III Early Property Management

Article 20 Before the owners and the owners' general meeting hire a property management enterprise, the construction unit shall sign a written preliminary property service contract when hiring a property management enterprise.

Twenty-first before the sale of property, the construction unit shall formulate a temporary convention for owners according to law, and express it to the property buyer; When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

Twenty-second residential property and non-residential property construction units within the same property management area shall employ property management enterprises with corresponding qualifications through bidding; If the number of bidders is less than 3 or the construction area is less than 20,000 square meters, with the approval of the county-level real estate administrative department where the property is located, a property management enterprise with corresponding qualifications can be selected by agreement.

Article 23 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-fourth prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise comes into effect before the expiration of the term, the prophase realty service contract shall be terminated.

Twenty-fifth owners of shared parts of the property, shared facilities and equipment shall have the ownership or use right, and the construction unit shall not dispose of them without authorization.

Twenty-sixth property management companies to undertake the property, the property should be shared parts, shared facilities and equipment for inspection.

Twenty-seventh in the property acceptance procedures, the construction unit shall, in accordance with the requirements, hand over relevant information to the property management enterprise. When the prophase realty service contract is terminated, the realty management enterprise shall hand over relevant materials to the owners' committee in accordance with the specified requirements.

Twenty-eighth construction units should allocate property management space free of charge in the property management area. Where the construction area is less than 6,543,800 square meters (including 6,543,800 square meters), the construction area is 4? Configuration, but not less than 100 square meters; Where the construction area exceeds 6,543,800 square meters, the excess part shall be in accordance with 3? Configuration. The planning administrative department shall examine and approve the construction projects and the planning acceptance.

The ownership of the property management house belongs to the owner according to law, and may not be bought, sold or mortgaged. Property management companies shall use and be responsible for daily maintenance, and property management companies shall not change the use of property management houses by themselves. If it is really necessary to change the use, with the consent of the owners' congress, the owners' committee can change the use of the property management house only after going through the relevant formalities with the planning and real estate administrative departments according to law.

Twenty-ninth construction units shall, in accordance with the provisions of the state and the warranty period and scope agreed in the property sales contract, undertake the warranty responsibility of the property.

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