Measures of Xining Municipality on Property Management

Chapter I General Provisions Article 1 In order to strengthen the property management in this Municipality, ensure the rational use and maintenance of properties, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, safe and comfortable working and living environment, these Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the property management within the administrative area of this Municipality. Article 3 The term "property" as mentioned in these Measures refers to all kinds of houses and their supporting infrastructure, equipment and venues.

The term "owner" as mentioned in these Measures refers to the owner of the house.

The term "user" as mentioned in these Measures refers to the lessee of the house.

The term "property management enterprise" as mentioned in these Measures refers to the enterprise that accepts the entrustment of the owners or the owners' committee and provides professional management services according to the property management service contract. Article 4 Property management shall follow the principle of combining owners' self-management with entrusted property management enterprises' management services. Fifth city real estate administrative departments responsible for the city's property management.

Planning, construction, public security, posts and telecommunications, electric power, gardens, prices, industry and commerce and other relevant departments and the people's government where the property is located shall, in accordance with their respective functions and duties, assist the municipal real estate administrative department to do a good job in property management. Chapter II Management Organization and Responsibilities Article 6 Owners have the right to manage part of the property according to law and undertake corresponding obligations.

The owner's rights are:

(a) to attend the owners' meeting;

(two) enjoy the right to vote and be elected at the owners' meeting;

(three) vote to pass or not to pass the owners' convention and the articles of association of the owners' committee;

(four) to participate in the management of major issues involving the interests of the owners;

(five) to supervise the management of the owners' committee.

The obligations of the owner are:

(a) the implementation of the relevant resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

(three) abide by the relevant property management systems and regulations;

(four) timely delivery of property management, maintenance and other expenses. Seventh all the owners in the property management area form the owners' meeting and elect the owners' committee.

The property management area shall be designated by the municipal real estate administrative department jointly with the public security and planning administrative departments. Article 8 If the sales area of newly-built commercial housing exceeds 30% of the sales area of public housing, the development and construction unit or the original property right unit shall organize the first owners' meeting and elect the owners' committee. Ninth owners' meeting shall be attended by more than half of the owners, and the owners' meeting shall make a decision with the consent of more than half of the owners, and the decision shall be announced after it is passed.

The owner may entrust an agent to attend the owners' meeting in writing.

The owners' meeting shall invite representatives of local residents' committees and users to participate. Article 10 The owners' congress shall exercise the following functions and powers:

(a) to elect or recall members of the owners' committee;

(2) Examining and adopting the articles of association of the owners' committee and the owners' convention;

(three) to listen to and consider the work report of the property management enterprise;

(four) to make decisions on major issues involving the interests of owners and users;

(five) to decide on other major matters of property management. Eleventh after the establishment of the owners' committee, the owners' committee shall be responsible for convening the owners' meeting at least once a year.

Upon the proposal of more than 20% of the owners, an interim owners' meeting may be convened, and the owners' committee shall convene an interim owners' meeting within 10 days from the date of receiving the proposal. Twelfth owners' committee shall, from the date of election 15 days, register with the municipal real estate administrative department with the following documents:

(1) An application for registration of the establishment of the owners' committee;

(two) the list of members of the owners' committee;

(three) the articles of association of the owners' committee and the owners' convention. Thirteenth members of the owners' committee shall be held by the owners (the director and deputy director of the neighborhood office or neighborhood committee shall also be members of the owners' committee, but not the owners), and the owners' committee shall be composed of 5 to 15 people according to the scale of the property management area.

The owners' committee shall have 1 director and 1 to 2 deputy directors. The director and deputy director of the owners' committee are elected in the owners' committee, and the director or deputy director of the neighborhood office or residents' committee may be appointed as the deputy director of the owners' committee. Article 14 The owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

(1) Organizing the owners' meeting and reporting on the implementation of property management;

(two) hiring, dismissal of property management companies, and property management companies to conclude, change or terminate the property management service contract;

(three) in accordance with the provisions of these measures, responsible for the collection, use and management of property maintenance funds;

(four) to examine and approve the annual plan, financial budget and final accounts of property management services proposed by the property management enterprise;

(five) to listen to the opinions and suggestions of the owners and users, supervise the management service activities of the property management enterprises, and accept the supervision of the owners, users and the municipal real estate administrative departments;

(six) to assist property management companies to collect property management fees;

(seven) to supervise the rational use of public buildings and public facilities;

(eight) to coordinate the relationship between owners, users and property management companies;

(nine) other duties entrusted by the owners' congress.

The owners' committee shall hold regular meetings, which must be attended by more than half of the members, and the decisions made shall be adopted by more than half of all the members.