Decision of the Standing Committee of Henan Provincial People's Congress on Amending the Regulations on Property Management in Henan Province and the Regulations on Air Pollution Prevention and Contro

Decision of the Standing Committee of Henan Provincial People's Congress on Amending the Regulations on Property Management in Henan Province and the Regulations on Air Pollution Prevention and Control in Henan Province I. Amend the Regulations of Henan Province on Property Management.

(1) Article 1 is amended as: "In order to standardize property management activities, safeguard the legitimate rights and interests of owners, property service enterprises and property management parties, create a good living and working environment, build a social governance pattern of * * * *, and promote social harmony and stability, in accordance with the Civil Law of People's Republic of China (PRC), the Regulations of the State Council on Property Management and other laws.

(2) One article is added as Article 4, which reads: "Under the guidance of Party building, give full play to the role of the CPC Central Committee, establish and improve the cooperative operation mechanism of neighborhood (village) committees, owners' committees or property management committees and property service enterprises under the leadership of community party organizations, fully mobilize residents' enthusiasm for participation, and form a joint force of community governance."

(3) One article is added as Article 9, which reads: "During emergency response such as emergency rescue and disaster relief, epidemic prevention and control, neighborhood offices and township people's governments are responsible for implementing various emergency measures taken by the people's governments at higher levels according to law, and guiding property service enterprises to carry out corresponding response work.

"The realty service enterprise shall obey the unified command of the government, cooperate with neighborhood offices, township people's governments and neighborhood (village) committees to carry out their work, implement emergency plans and emergency measures according to law, and shall not be absent without leave. People's governments at all levels give material and financial support to the activities of property service enterprises during the response to public emergencies.

"The owners' committee or the property management committee shall implement the government's emergency measures according to law and actively carry out self-help. "

(4) Item 7 of Paragraph 1 of Article 22 is amended as: "(7) Use of special maintenance funds for property;"

Item 8 is amended as: "(8) Raising funds for special maintenance of property;"

Item 9 is amended as: "(9) Rebuilding and rebuilding buildings and their ancillary facilities;"

One item is added as item 10, which reads: "(10) changing the use of part of * * * or using part of * * to engage in business activities;"

The original tenth, eleventh and twelfth items in the first paragraph of this article are revised as eleventh, twelfth and thirteenth items respectively.

The second paragraph of this article is amended as: "The same decision on the above matters shall be passed by the owners whose exclusive parts account for more than two thirds of the area and the number of people accounts for more than two thirds. Decisions on matters specified in Items 8 to 10 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Decisions on other matters specified in the preceding paragraph shall be agreed by more than half of the owners of the exclusive part and more than half of the people with voting rights. "

(5) Paragraph 1 of Article 26 is amended as: "Owners whose exclusive parts account for more than two-thirds of the area and the number of owners accounts for more than two-thirds, the meeting of the owners' assembly shall be valid. "

(six) delete the contents of "timely payment of property service fees and other related expenses" in the first paragraph of article twenty-seventh.

(7) One article is added as Article 37, which reads: "In case of any of the following circumstances in the property management area except the owner's own management, the subdistrict office and the Township People's Government shall set up a property management committee as a temporary organization to undertake the duties of the owners' committee:

(a) did not meet the conditions for the establishment of the owners' meeting;

(two) in line with the conditions for the establishment of the owners' congress, but failed to set up on its own, and failed to be organized by the street offices and township people's governments;

(three) failed to elect the owners' committee or the owners' committee did not complete the general election, and the neighborhood offices and township people's governments still failed to elect the owners' committee or the new owners' committee.

"The property management committee shall organize the owners to decide on property management matters, promote the establishment of the owners' meeting and elect the owners' committee. Since the date of the election of the owners' committee, the property management committee shall be dissolved by itself.

"The term of office of the property management committee is generally not more than three years. If the owners' meeting is not promoted and the owners' committee is elected at the expiration of the period, the sub-district office and the township people's government will re-establish the property management committee. "

(8) One article is added as Article 38, which reads: "The property management committee is composed of representatives of the owners and representatives of neighborhood offices, township people's governments and community residents' (village) committees.

"The property management committee consists of seven to eleven people. Among them, the owners' representatives shall not be less than half, which shall be determined by the sub-district offices and township people's governments on the recommendation or recommendation of the owners. The director of the property management committee shall be the representative of the subdistrict office, the township people's government or the community neighborhood (village) committee.

"Neighborhood offices and Township People's governments shall, within ten working days from the date of the establishment of the property management committee, announce the list of members in a prominent position in the property management area.

"The specific working methods of the property management committee shall be formulated by the provincial property management administrative department."

(9) Article 48 is amended as: "Property service charges shall follow the principles of conformity between quality and price, fairness, openness, reasonableness and good faith. The realty service enterprise shall not charge the owner any unspecified fees other than the service contract. Property service charges should remain relatively stable. If adjustment is really necessary, the realty service enterprise shall consult with the owners' committee and obtain the consent of the owners' congress; If the owners' meeting is not established, the owners who account for more than two-thirds of the exclusive area and the number of owners who account for more than two-thirds shall participate in the voting, and the owners who account for more than one-half of the exclusive area and participate in the voting shall agree. "

(X) Article 51 is amended as: "The owners' committee shall organize an owners' meeting 90 days before the expiration of the realty service contract, and decide to renew or select the realty service enterprise. Advocate the owners' meeting to renew or hire property service enterprises through bidding.

"Where a realty service enterprise decides not to renew the realty service contract, it shall inform the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless otherwise agreed in the contract, and report to the subdistrict office and the Township People's government.

"When the term of the realty service contract expires, and the owners' meeting fails to make a decision on hiring or renewing employment, and the realty service enterprise continues to provide services in accordance with the original contract, the original realty service contract will remain valid, but the service term is uncertain. The parties may terminate the irregular property service contract at any time, but they shall notify the other party in writing 60 days in advance and report to the sub-district office and the Township People's Government. "

(11) Paragraph 2 of Article 62 is amended as: "Where public roads and sites within the property management area are used to designate parking spaces for parking vehicles, before the establishment of the owners' meeting, owners with exclusive parts accounting for more than two-thirds of the area and more than two-thirds of the people shall participate in the voting, and more than half of the owners with exclusive parts participating in the voting and the owners participating in the voting shall agree; After the establishment of the owners' congress, it shall be decided by the owners' congress in accordance with laws, regulations and management regulations. "

(XII) Article 63 is amended as: "After deducting reasonable expenses, the proceeds from the use of the parts and facilities of the property shall be owned by all owners, mainly used to supplement special maintenance funds, and may also be used according to the decision of the owners' meeting. "