Decision of the Standing Committee of Xiamen Municipal People's Congress on Amending Several Provisions of Xiamen Municipality on Property Management (202 1)

I "Property Law of People's Republic of China (PRC) and Regulations on Property Management" in Article 1 are amended as "Civil Code of People's Republic of China (PRC) and Regulations on Property Management of the State Council". Two, delete the fourth item of the first paragraph of article third. Three. Article 15 is amended as: "The following matters shall be decided by the owner * * *:

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

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

"The owners * * * make a decision, and the owners whose exclusive parts account for more than two-thirds of the total area and account for more than two-thirds of the total number shall participate in the voting. Decisions on matters specified in Items 6 to 8 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. " Four, delete nineteenth. Five, delete twenty-second. Article 23 of the intransitive verb is changed into Article 21, which is amended as: "The realty service enterprise shall, in accordance with the stipulations of the realty service contract and the nature of the use of the property, do a good job in the maintenance, conservation, cleaning, greening and management of some owners in the realty service area, maintain the basic order of the realty service area, take reasonable measures to protect the personal and property safety of the owners, and accept the supervision of the owners and the owners' committee on their performance of the realty service contract.

"Property service enterprises shall take timely and reasonable measures to stop, report to the relevant administrative departments and assist in the handling of violations of laws and regulations such as public security, environmental protection and fire protection in the property service area.

"The realty service enterprise shall regularly disclose the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and operating income of some owners in a reasonable way, and report to the owners' meeting and owners' committee." Seven, twenty-fifth to twenty-third, the first paragraph of the "warning list to the public" is amended as "credit punishment according to law", and the second paragraph is deleted. Eight. Article 28 is renumbered as Article 26, and the first paragraph is amended as: "If the realty service contract is terminated, the original realty service enterprise shall withdraw from the realty management area within the agreed period or within a reasonable period." Nine, forty-third to forty-first, will be "overdue reform, the construction unit shall be informed criticism, and impose a fine of 3000 yuan to 30000 yuan" is amended as "overdue correction, and impose a fine of 10000 yuan to 30000 yuan". Ten, delete forty-fourth. Xi。 Article 45 is changed to Article 42 and amended as: "If a realty service enterprise refuses to withdraw from the realty management area in violation of the first paragraph of Article 26 of these Provisions, the district construction administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, it shall be dealt with according to law.

"Property service enterprises in violation of the provisions of the second paragraph of article twenty-sixth, the district construction administrative department shall order it to make corrections within a time limit; If it is not corrected within the time limit, credit punishment shall be carried out according to law. " Twelve, fifty-second to forty-ninth, by deleting the first and third paragraphs "; Those who refuse to pay within the time limit shall be fined 5/10000 per day according to the number of days overdue; If the circumstances are serious, the relevant qualification certificate shall be revoked or revoked according to law. 13. One article is added as Article 50: "Where laws and regulations have provided for legal liability for acts violating these provisions, such provisions shall prevail."

This decision shall come into force as of the date of promulgation.

The "Several Provisions" of Xiamen Property Management shall be revised according to this decision and the order of the provisions shall be adjusted accordingly, and shall be re-promulgated.