Regulations of Harbin Municipality on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners, property service enterprises and community property service institutions, these Regulations are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and the actual situation of this Municipality. Article 2 These Regulations shall apply to the property management, use, supervision and management within the administrative area of this Municipality. Article 3 The term "property management" as mentioned in these Regulations includes the management of property service enterprises, the management of community property service institutions and the self-management of owners.

The management of realty service enterprises as mentioned in these Regulations refers to the activities of owners and realty service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites in accordance with the prescribed standards and the stipulations of realty service contracts by selecting realty service enterprises, and to maintain environmental sanitation and related order within the realty management area.

The term "management of community property service institutions" as mentioned in these Regulations refers to the activities of providing corresponding property services for the owners of old houses that have not been managed by community property service institutions and managed by themselves according to the service standards and charging standards determined by the government and the property service contract.

The term "owner's self-management" as mentioned in these Regulations refers to the activities of providing corresponding property services to the owners in the service mode agreed by the owners. Fourth city housing security and real estate management department (hereinafter referred to as the municipal administrative department of property) is responsible for the supervision and management of the city's property management activities.

District and county (city) property administrative departments shall be responsible for the supervision and management of property management activities within their respective jurisdictions.

City, District, county (city) property administrative departments of the division of responsibilities determined by the Municipal People's government.

Urban and rural construction, urban and rural planning, urban management, urban management administrative law enforcement, environmental protection, price, public security, industry and commerce, food and drug supervision, finance, civil affairs, health, quality and technical supervision, water affairs, radio and television and other relevant administrative departments shall do a good job in property management according to their respective responsibilities. Fifth property management industry associations shall formulate and organize the implementation of self-discipline norms according to law, safeguard the legitimate rights and interests of members, and promote the construction and healthy development of the industry.

City property administrative departments should strengthen the guidance and supervision of property management industry associations. Chapter II Owners, Owners' Congress and Owners' Committee Article 6 The owner of a house is the owner.

Housing ownership registration, housing ownership certificate records the owner of the house as the owner.

If the house ownership has not been registered, and the house has been actually occupied based on inheritance, bequest and legal construction, it shall be recognized as the owner in the property management activities; If the house has been actually occupied based on civil legal acts such as buying and selling, it can be recognized as the owner in property management activities.

Owners shall enjoy corresponding rights and perform corresponding obligations in accordance with the Property Law of People's Republic of China (PRC) and the Property Management Regulations of the State Council. Seventh in the same property management area, all owners of a building or unit can form an owners' group. The owners' group may elect representatives of the owners' group. Article 8 If one of the following conditions is met, the first owners' meeting shall be held and the owners' meeting shall be established:

(a) the construction area of the house for sale has reached more than 50%;

(two) the number of houses sold and delivered for use reached more than fifty percent;

(three) the first set of housing has been sold and delivered for two years and the proportion of households has reached more than 25%.

If the construction unit has the conditions for convening the first meeting of the owners' congress, it shall submit a written report to the neighborhood office and township (town) people's government where the property is located within 30 days, and provide relevant information. Owners can submit a written request to the local neighborhood offices and township (town) people's governments for convening the first owners' meeting. Neighborhood offices and township (town) people's governments shall organize and guide the establishment of the preparatory group for the first owners' meeting if they meet the requirements. Article 9 The preparatory group for the first meeting of the owners' congress consists of seven to seventeen people in an odd number, and is composed of owners' representatives, neighborhood offices or township (town) people's governments, community residents' committees and construction unit personnel, among which the proportion of owners' representatives shall not be less than 50% of the total number of the preparatory group. The leader of the preparatory group is designated by the subdistrict office or the township (town) people's government, and the owner's representative is recommended by the subdistrict office or the township (town) people's government.

Within seven days after the establishment of the preparatory group, the neighborhood offices and township (town) people's governments shall announce the list of members of the preparatory group within the property management area.

The construction unit or the realty service enterprise shall provide the preparatory group with the list of owners, the construction area of the property, the use parts, the sale and delivery of the property and other information. Article 10 The preparatory group shall perform relevant duties in accordance with relevant regulations, organize the first owners' meeting within 30 days from the date of its establishment, and elect the owners' committee. Eleventh after the owners' committee is elected according to law, the owners' meeting shall be organized by the owners' committee. The owners' committee shall notify all owners of the time, place, form and content of the meeting fifteen days before the meeting, and notify the neighborhood offices and township (town) people's governments where the property is located to accept their supervision and guidance. Sub-district offices and township (town) people's governments shall send personnel to attend as nonvoting delegates.

If the owners' committee fails to perform the duties of convening the owners' meeting in accordance with the provisions, the people's government of the subdistrict office and township (town) shall order it to convene within a time limit; If the meeting is not held within the time limit, the neighborhood offices and township (town) people's governments shall organize the owners' meeting.