Regulations of Kunming Municipality on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service providers, ensure the rational use of property, and promote community construction, these Regulations are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to property management activities and their supervision and management within the administrative area of this Municipality.

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain the buildings and their ancillary facilities within the property management area and manage the maintenance of environmental sanitation and related order by hiring property service providers in accordance with the provisions of the property service contract. Article 3 Property management-related activities shall follow the principles of party building leading, government leading, owner autonomy, departmental coordination, territorial management and consultation and joint construction, and bring property management into the social governance system. Article 4 Relevant entities of property management shall abide by the market rules of property services that are consistent in power and responsibility, consistent in quality and price, fair and open, maintain market order and optimize market environment.

To carry out property management activities, the privacy and personal information of owners and property users shall be protected according to law. Article 5 Encourage the adoption of new technologies and methods, promote the deep integration of intelligent buildings and property management, improve the quality and service level of property management, and promote the development of property services in an intelligent and green direction. Article 6 The Municipal People's Government shall strengthen the leadership of property management, incorporate property management into the development plan of modern service industry in this Municipality, establish a comprehensive coordination mechanism, and deploy, promote and coordinate the work of property management.

County (city, district) people's governments shall, in accordance with the principle of territorial management, organize township (town) people's governments, sub-district offices and relevant departments within their respective jurisdictions to perform their management duties and make overall plans to promote property management within their respective jurisdictions. Seventh city housing and urban construction department is responsible for the supervision and management of the city's property management activities, and perform the following duties:

(a) to formulate and organize the implementation of the city's property services industry related policies;

(two) guidance and supervision of the county (city, district) housing and urban construction departments to carry out the relevant work of property management within their respective jurisdictions;

(three) to guide and supervise the county (city, district) housing and urban construction departments to carry out the management of residential special maintenance funds within their respective jurisdictions;

(four) to establish and improve the city's property management training system;

(five) the establishment of a unified property management supervision and service information platform;

(six) in conjunction with the municipal development and reform department to supervise the formation mechanism of property service charges;

(seven) to guide the property management industry associations to formulate and implement self-discipline norms.

County (city, district) housing and urban-rural construction departments are responsible for the supervision and management of property management activities within their respective jurisdictions, and perform the following duties:

(a) to supervise the property management activities within the jurisdiction;

(two) responsible for the management of residential special maintenance funds within the jurisdiction;

(three) the implementation of the property management area of the approval, confirmation, property services and owners' committee rooms and other matters. Eighth development and reform, public security, civil affairs, judicial administration, finance, natural resources planning, ecological environment, transportation, health, emergency, audit, market supervision, civil air defense, urban management, fire protection and other relevant departments shall, according to their respective responsibilities, do a good job in property management. Article 9 Township (town) people's governments and sub-district offices shall perform the following territorial management duties:

(a) to guide the formation and re-election of the owners' congress and the owners' committee, and to handle the relevant filing procedures;

(two) to guide and supervise the daily operation of the owners' congress and the owners' committee, and to train the members of the preparatory group, the owners' committee and the owners' committee;

(three) to guide the relevant work of the property management committee;

(four) to participate in property inspection and guide the handover and takeover of property management projects within their respective jurisdictions;

(five) the implementation of daily inspection of property services in the property management area, and guide the property service providers to fulfill their legal obligations;

(six) the establishment of property management disputes mediation and complaints, reporting mechanism, mediation of property management disputes, handling property management related complaints and reports;

(seven) during the emergency response, responsible for the implementation of emergency measures, to guide the property service personnel to carry out the corresponding level of response work, and to give material and financial support;

(eight) for residential properties that do not have the conditions to implement professional property management, organize the implementation of community residents' committee custody, social organization custody or residents' self-management;

(nine) other duties as prescribed by laws, regulations and rules. Article 10 Property management industry associations are social organizations that practice industry services and self-discipline management, formulate and organize the implementation of self-discipline norms according to law, prepare service norms and organize business training under the guidance of the housing and urban-rural construction departments, mediate disputes among property service providers in the industry, and safeguard the legitimate rights and interests of property service providers. Chapter II Owners and Owners' Organizations Article 11 The owner of a house is the owner. Owners enjoy the following rights in property management activities:

(1) Managing the property according to law;

(two) in accordance with the provisions of the realty service contract, accept the services provided by the realty service provider;

(three) to propose the convening of the owners' meeting and put forward suggestions on matters related to property management;

(four) put forward suggestions on formulating and amending the management regulations and the rules of procedure of the owners' congress;

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

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

(seven) to supervise the work of the owners' committee and the property management committee;

(eight) to supervise the performance of the realty service contract by the realty service provider;

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

(ten) to supervise the management and use of special maintenance funds for shared parts of the property and shared facilities and equipment;

(eleven) other rights stipulated by laws and regulations.

The owner's exercise of rights shall not endanger the safety of the property, and shall not harm the legitimate rights and interests of other owners.