Provisions of Xiamen Municipality on Property Management (202 1 Amendment)

Chapter I General Provisions Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Provisions are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and the Regulations on Property Management of Fujian Province, combined with the actual situation of this Municipality. Article 2 Property management shall follow the principle of combining owner autonomy, professional services and government supervision. Article 3 The municipal construction administrative department shall be responsible for the supervision and management of property management activities in this Municipality and perform the following duties:

(a) to organize the implementation of these Provisions and other laws and regulations related to property management;

(two) to study and formulate or formulate policies related to property management;

(three) to guide and coordinate the street offices (town people's government), industry associations and other property management related work according to law;

(4) Other duties as prescribed by laws and regulations.

The district construction administrative department is responsible for the supervision and management of property management activities within its jurisdiction, and accepts the professional guidance of the municipal construction administrative department. Article 4 Sub-district offices (town people's governments) shall perform the following duties for property management activities within their respective administrative areas:

(a) to guide and organize the establishment of the owners' congress and the change of the owners' committee;

(two) for the owners' committee for the record;

(three) to guide and supervise the owners' congress and the owners' committee to carry out activities according to law;

(4) Other duties as prescribed by laws and regulations. The fifth is to establish a joint meeting system of property management, and coordinate and handle major property management issues such as the establishment of the owners' meeting, the change of the owners' Committee, the failure of the owners' Committee to perform its duties according to law, and the withdrawal of property service enterprises. The convening and specific work of the joint meeting of property management shall be the responsibility of the sub-district office (Town People's Government). Article 6 The Municipal Property Management Association shall strengthen industry guidance and industry self-discipline, standardize the business behavior of the industry, safeguard the legitimate rights and interests of its members, organize business training for employees in the property service industry, promote the honest operation of property service enterprises according to law, and promote the healthy development of the industry. Chapter II Owners' Congress and Owners' Committee Article 7 The division of property management areas shall be subject to the approved scope of land for project planning.

If the owner requests to adjust the property management area, he shall submit a written application to the district construction administrative department. The district construction administrative department shall, jointly with the subdistrict office (town people's government), make a decision according to the configuration of public facilities and equipment, property type and community layout. Article 8 The construction unit shall, within one year from the date of filing the project completion acceptance, provide information such as the owner's stock, the total construction area of the property, the construction area of each independent property right, the delivery time of property sales, the location and area of the property management room to the neighborhood office (town people's government) where the property is located.

Street offices (Town People's Government) can consult and copy the owner's name, independent property construction area, owner's contact information and other information. The real estate transaction right registration institution within the property management area shall perform property management duties as required. Ninth the construction unit shall, within 30 days after the property management area meets the statutory conditions for convening the first owners' meeting, submit a written report on the establishment of the owners' meeting to the neighborhood office (town people's government) where the property is located; If the construction unit fails to submit a written report, the owner may submit a written request for the establishment of the owners' meeting to the street office (town people's government) where the property is located.

The construction unit shall bear the expenses required for the establishment of the first owners' meeting, and assist the subdistrict office (town people's government) to organize the first owners' meeting. Tenth street offices (town people's government) shall, within thirty days from the date of receiving the written report or request, be responsible for organizing the establishment of the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group).

The preparatory group consists of sub-district offices (town people's government), community neighborhood committees, construction units and owners' representatives. Eleventh candidates for the first owners' committee shall be recommended by the owners themselves, and shall be evenly distributed in the property management area according to different property types, different buildings (ladders) and corresponding construction areas. The same property type and the same building (staircase) shall determine the candidates for the Committee members in the order of the recommended votes.

The preparatory group shall publicize the list of candidates specified in the preceding paragraph in the property management area for not less than seven days. If the owner has any objection, the preparatory group shall verify the handling, give feedback to the owner in time, and report the handling situation to the meeting of the owners' congress. Article 12 The owners' committee consists of five to thirteen members with equal voting rights. Members of the owners' committee shall be elected by difference, and shall be elected according to the number of votes won by the candidates.

The term of office of each member of the owners' committee shall not exceed five years and may be re-elected; The conditions, number of members, term of office and other specific matters shall be decided by the owners' meeting. Thirteenth owners' congress shall elect alternate members of the owners' committee at the same time. The number of alternate members shall not exceed 40% of the members; Alternate members shall be elected by difference, and shall be elected according to the predetermined number of places and the number of votes won by candidates.

Alternate members may attend meetings of the owners' committee as nonvoting delegates, but have no voting rights. When a member of the owners' committee becomes vacant for some reason during his term of office, he shall be replaced by an alternate member according to the number of votes, and shall be publicized in the property management area.