Measures of Nanjing Municipality on Property Management Chapter III Owners and Owners' Congress

Article 8 A property management area shall establish a general meeting of owners. The owners' meeting is composed of all owners in the property management area. If the number of owners is less than five, the owners can decide the organizational form of property management by themselves.

In the property management area, if the delivered property construction area reaches 50%, or the delivered property construction area reaches 30% for more than one year, the first owners' meeting shall be held and the owners' committee shall be elected.

Article 9 If the conditions for the establishment of the owners' congress are ripe, the construction unit shall inform the district (county) property management administrative department and the sub-district office (town people's government) in writing, and provide the list of owners, the construction area of the property, the delivery time of the property sale and other documents. If the construction unit fails to inform in writing in time, the owner may submit a written request to the district (county) property management administrative department for convening the first owners' meeting.

The district (county) property management administrative department shall, in conjunction with the subdistrict office (town people's government), organize the construction unit and the owners to recommend the members of the preparatory group for the owners' meeting (hereinafter referred to as the preparatory group) within 5 days after receiving the written notice from the construction unit or the written request from the owners. The preparatory group consists of representatives of the construction unit and the owner, and the members are odd numbers not exceeding 15. The list of members shall be publicized within the property management area for 7 days from the date of establishment. If the recommendation fails, the sub-district office (town people's government) shall, jointly with the district (county) property management administrative department, designate members of the preparatory group.

Article 10 The preparatory group shall hold the first owners' meeting within three months.

The preparatory group shall inform the district (county) property management administrative department and the subdistrict office (town people's government) of the meeting content and convening method in advance, and the district (county) property management administrative department and the subdistrict office (town people's government) may send representatives to participate according to the actual situation.

The preparatory group is responsible for drafting the owners' convention and the rules of procedure of the owners' congress, and for confirming the identity of the owners and their voting rights at the first owners' congress. The owner shall provide relevant identification, contact address and communication method to the preparatory group of the owners' meeting. The preparatory group is responsible for the authenticity of the owner's vote.

Eleventh owners voting rights at the first owners' meeting, the residential property area is calculated according to the number of residential units owned by them, and each unit has one vote; Other property areas can be calculated according to the property construction area recorded in the owner's property certificate, with one vote per square meter, and less than one square meter is not counted.

Twelfth owners' meeting should be attended by owners who hold more than half of the voting rights in the property management area. Owners can set up owners' groups according to buildings, units and floors, and can elect representatives of the groups to participate in the owners' meeting.

The meeting of the owners' congress may be held in the form of collective discussion or written comments. If a vote is required, it shall be signed by the owner himself. If the owner does not sign, it shall be deemed as abandonment.

Thirteenth the first meeting of the owners' congress shall formulate the owners' convention and the rules of procedure of the owners' congress, and elect the owners' committee. The contents of the rules of procedure of the owners' congress shall include the discussion methods and voting procedures of the owners' congress; Methods for determining the voting rights of owners; Composition and general election of the owners' committee; Qualifications, obligations and term of office of members; Convene an interim meeting of the owners' congress and other matters.

Fourteenth decisions made by the owners' meeting shall be adopted by more than half of the voting rights held by the owners present at the meeting. The formulation and revision of the owners' convention and the rules of procedure of the owners' congress, the selection and dismissal of property management enterprises, the formulation and revision of the terms of the property service contract, and the use of special maintenance funds and renewal plans must be approved by more than two-thirds of the voting rights held by all owners in the property management area. The decision to dispose of the property in this area must be approved by all the owners.

Matters decided by the owners' congress and the owners' committee shall not violate the provisions of relevant laws, regulations and rules.

Fifteenth owners' committee is the executive body of the owners' congress, and performs its duties according to law.

The number of members of the owners' committee is an odd number from 5 to 15, and the members take into account different property types and different buildings, and their members are not allowed to take part-time jobs in property management enterprises that implement management within their own property management areas. Members of the owners' committee are elected for a term of three years and may be re-elected.

The owners' committee can be established in advance in the property area developed by stages. The owners' committee established in advance shall re-elect or re-elect the owners' committee after 50% of the new owners in the property area move in.

The owners' committee may elect a chairman and several vice-chairmen. A meeting must be attended by more than half of the members, and a decision must be made with the consent of more than half of all members of the owners' committee.

Sixteenth elected members of the owners' committee shall meet the following conditions:

(1) Owners with full capacity for civil conduct within the property management area;

(2) Abide by the relevant laws and regulations of the state;

(three) abide by the owners' convention and the rules of procedure of the owners' congress, and perform the obligations of the owners;

(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, with social credibility;

(5) Having certain organizational ability;

(6) Having necessary working hours.

Seventeenth owners' committee shall convene a meeting of the owners' general assembly three months before the expiration of its term of office to elect a new owners' committee.

The general election of the owners' committee shall be organized and implemented by the owners' committee. If the owners' committee is slow to organize or perform its duties during its term of office, upon the written proposal of more than 20% of the owners, the district (county) property management administrative department in conjunction with the sub-district office (town people's government) can guide the convening of an interim meeting of the owners' assembly and re-elect or re-elect the owners' committee.

Within ten days from the date of the election of the new owners' committee, the members of the original owners' committee shall hand over the relevant financial vouchers, files and other documents, seals and other materials as well as the houses and property belonging to the owners' assembly to the new owners' committee, and do other handover work well.

Article 18 The election, general change, re-election and by-election of the owners' committee shall be filed with the district (county) property management administrative department within 30 days from the date of election, and the election result shall be informed to the local neighborhood office (town people's government).

The owners' committee shall submit the following materials when filing: the minutes of the owners' meeting and the decisions of the meeting; Rules of procedure of the owners' congress; Owners' convention; List of members of the owners' committee and basic information.

Nineteenth more than two property management areas share non-municipal roads or other supporting facilities and equipment, it should establish a joint meeting system of owners' committees. The joint meeting of the owners' committee shall be organized by the district (county) property management administrative department in conjunction with the subdistrict office (town people's government).

Twentieth owners' congress, the owners' committee to carry out the work of the funds borne by all owners; The specific measures for raising, managing and using the expenses shall be decided by the owners' meeting; The use of working funds shall be regularly publicized by the owners' committee in the property management area and subject to the supervision of the owners.

Chapter IV Property Management Services

Twenty-first residential property sales, the construction unit shall select a property management enterprise with corresponding qualifications through bidding. If there are less than three bidders or the total construction area of the property management area is less than 30,000 square meters, or the total construction area of the villa is less than 10,000 square meters, with the approval of the district (county) property management administrative department, the construction unit may agree to hire a property management enterprise with corresponding qualifications and sign a preliminary property service contract.

If the prophase property management project is determined by bidding, the construction unit shall file with the property management administrative department in accordance with the relevant provisions.

Twenty-second construction units shall, before signing the first house sales contract in the property management area, formulate the temporary owners' convention and the residential use manual, and take them as annexes to the house sales contract.

The contents of the temporary owners' convention should include: the use and maintenance management of the property, the rights and obligations of the owners, and the responsibilities that should be borne in violation of the temporary owners' convention. The contents of the temporary owners' convention shall not infringe upon the legitimate rights and interests of property buyers and public interests.

The instructions for residential use shall specify the building plan, structure, ancillary equipment, detailed building structure diagram (indicating the load-bearing structure of the house), energy consumption measurement parts and cost allocation methods, and shall not occupy the parts and sites used by * *, and shall not arbitrarily relocate the equipment used by * * and change the use of business premises, as well as other precautions related to the safe and rational use of the house.

The housing sales contract signed by the construction unit and the property buyer shall include the contents agreed in the previous property service contract, as well as the layout of the construction project specified in the construction project planning permit document, and specify the supporting facilities and equipment shared by all owners in the property management area in the housing handover book.

The construction unit shall not transfer the ownership or use right of the property separately.

Twenty-third construction units should provide property rights to property management houses free of charge when the project is delivered, and transfer the property rights after the establishment of the owners' meeting. The transferred property rights belong to all owners. Equipment rooms cannot be handed over as property management rooms.

The area of property management space for phased construction projects shall not be less than 50% of the total project area at the time of initial delivery. If more than half of the houses in the property management area are delivered for use, all the houses for property management shall be delivered. When building property management houses at the end of the planning period, the construction unit shall deliver the temporary property management houses that meet the requirements in advance.

If the construction unit fails to provide property management space according to the regulations, the property management administrative department shall order it to make up the construction within a time limit; If the construction is not completed within the time limit, the construction price shall be paid to the owners' meeting according to the standard of 95% of the average sales price of the project at the time of sales multiplied by the payable area. The supplementary construction price is specially used for renting and purchasing property management houses.

When handling the pre-sale permit of commercial housing or the initial registration of commercial housing ownership, the construction unit shall specify the supporting houses such as property management houses belonging to all owners.

Twenty-fourth construction units in accordance with the provisions of the warranty period and scope, bear the responsibility of property warranty. The construction unit may entrust the property management enterprise with warranty or organize maintenance by itself.

Twenty-fifth three months before the expiration of the realty service contract, the realty management enterprise shall negotiate with the owners' committee to renew the contract; The owners' committee shall, two months before the expiration of the contract period, organize all owners to vote on whether to renew the employment of the property management enterprise. If both parties renew the contract, they shall re-sign the property service contract; If the contract is not renewed, the owners' congress shall promptly hire other property management companies. The original property management enterprise shall hand over the property management area, materials and property to the owners' committee within 0/0 days from the date of termination of the contract, and shall not refuse to hand over the property management area, materials and property for reasons such as contract disputes.

Twenty-sixth property service charges are subject to government guidance and market adjustment. The competent price department and the administrative department of property management shall strengthen the regulation and guidance of the behavior of property service charges with market-regulated prices, and industry associations may regularly announce the charging levels of various property services with market-regulated prices. Property management companies' property service charging items and charging standards shall be clearly marked.

Twenty-seventh construction units and owners shall pay the property service fee in accordance with the relevant provisions of the pre-property service fee stipulated in the house sales contract. If there is no agreement in the contract or the agreement is not clear, the property service fees from the month when the preliminary property service contract comes into effect to the month when the house is sold and delivered shall be borne by the construction unit, and the property service fees from the next month after the house is delivered shall be borne by the owner.