Chongqing property management regulations "full text"

The Regulations of Chongqing Municipality on Property Management was adopted at the 10th meeting of the Standing Committee of the Third Chongqing Municipal People's Congress on May 2, 2009 1 day, and is hereby promulgated and shall come into force as of June 20091day.

Chongqing Municipal People's Congress Standing Committee

May 22(nd), 2009

Regulations of Chongqing Municipality on Property Management

(Adopted at the 10th meeting of the Standing Committee of the Third Chongqing Municipal People's Congress on 2 1 May 2009)

Chapter I General Provisions

Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners, users and property service enterprises, these Regulations are formulated in accordance with People's Republic of China (PRC) Property Law, the State Council Property Management Regulations and other laws and administrative regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to property management and related supervision and management activities within the administrative area of this Municipality.

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area.

Third city real estate administrative departments responsible for the supervision and management of the city's property management activities.

County (Autonomous County) real estate administrative departments responsible for the supervision and management of property management activities within their respective administrative areas.

City and county (Autonomous County) price, planning, land, construction, municipal, public security, industry and commerce, civil affairs and other relevant administrative departments shall be responsible for the supervision and management of property management activities within their respective administrative areas and the administrative work within the property management area.

Article 4 Sub-district offices (township governments) shall be responsible for guiding the establishment of owners' congresses and the election of owners' committees within their respective jurisdictions, supervising the owners' congresses and owners' committees to perform their duties according to law, mediating property management disputes and coordinating the relationship between property management and community construction.

Neighborhood (village) committees assist neighborhood offices (township governments) to do a good job in property management.

Fifth to encourage property service enterprises to join the property service industry association, exchange property management experience. As a self-regulatory organization of the property service industry, the property service industry association should formulate a code of conduct for the industry, mediate disputes between property service enterprises, and promote the healthy development of property management.

The real estate administrative department shall strengthen the guidance and supervision of the property service industry associations.

Article 6 The joint meeting system of property management shall be implemented.

The joint meeting of property management is organized and convened by the sub-district offices (township governments), and consists of the real estate administrative departments of counties (autonomous counties), neighborhood (village) committees, police stations, property service enterprises, owners' committees or owners' representatives.

The joint meeting of property management mainly coordinates and solves the following matters:

(a) the owners' committee fails to perform its duties according to law;

(two) the problems in the process of the change of the owners' committee;

(three) major issues in the performance of the property service contract;

(four) the problem of premature termination of the property service contract;

(five) problems in the process of withdrawal and handover of property service enterprises;

(six) other property management issues that need to be coordinated and solved.

Chapter II Property Management Areas

Article 7 The property management area shall be determined according to the scope of the red line map determined by the construction land planning permit of the property, combined with the factors such as the * * * or * * * facilities of the property, building scale, community construction, etc. Property facilities and equipment are complete and put into use, it should be designated as a property management area; However, facilities and equipment can be used independently and divided into different property management areas.

Eighth before the sale of new property, the construction unit shall delimit the property management area in accordance with the provisions of Article 7 of these regulations, and report to the real estate administrative department of the county (autonomous county) where the property is located. If the administrative department of real estate of a county (autonomous county) thinks that the property management area designated by the construction unit does not conform to the provisions of Article 7 of these regulations, it shall notify the construction unit in writing to redefine it within 30 days from the date of receiving the filing application.

When the construction unit sells the property, it shall express the property management area confirmed by the record in the commercial housing sales contract.

Article 9 If the property management area is not divided, and the property management needs to be implemented after it is completed and put into use, the subdistrict office (township government) shall, with reference to the provisions of Article 7 of these regulations, delimit the property management area after soliciting the opinions of the relevant owners, and report it to the real estate administrative department of the county (autonomous county) for the record.

Article 10 If there is any objection to the delineation of the property management area, it shall be determined by the real estate administrative department of the county (autonomous county) where the property is located in accordance with the provisions of Article 7 of these Regulations and the commercial housing sales contract, and after consulting the neighborhood offices (township governments) where the property is located, relevant owners and neighborhood committees.

Chapter III Owners, Owners' Congress and Owners' Committee

Eleventh owners can set up owners' meeting, the owners' committee is elected by the owners' meeting, but only one owners' meeting can be set up in the same property management area.

The owners' meeting is composed of all owners in the property management area. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. The owners' congress shall perform the following duties:

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

(two) election, by-election or recall of members of the owners' committee;

(three) to decide on the necessary funds and sources of the owners' committee and the measures for the management of funds;

(four) beyond the authority to cancel or change the decision of the owners' committee;

(five) the selection of property services companies, to determine the content of the property services contract;

(six) decided to apply for renovation or reconstruction of buildings and their ancillary facilities;

(seven) other duties stipulated by laws, regulations or the rules of procedure of the owners' congress.

Twelfth owners' congress has not been established, all owners shall perform the duties of the owners' congress and the owners' committee.

In the residential area where the owners' assembly and the elected owners' committee are not established according to law, the subdistrict office (township government) may appoint the community neighborhood (village) committee where the property is located as the owners' committee as stipulated in this Ordinance after soliciting the opinions of the owners of the residential area and obtaining the written consent of more than half of the owners.

Article 13 In a property management area, if the building area of the property sold and delivered for use reaches more than 50% of the total building area of the area, the owners may hold the first owners' meeting, elect the owners' committee, and inform the neighborhood office (township government) where the property is located before the meeting.

Fourteenth owners who account for more than 20% of the total number of owners in the property management area request the convening of the first owners' meeting in writing, and the neighborhood office (township government) where the property is located shall organize the convening.

Fifteenth street offices (township government) shall, within 30 days from the date of receiving the notice or application, notify the construction unit to submit the property construction area, the time of property sale, the list of owners and other materials. , and is responsible for verifying the materials and guiding the establishment of the preparatory group for the first owners' meeting.

The construction unit shall submit the materials within ten days after receiving the notice from the sub-district office (township government) and assist in the establishment of the preparatory group.

The members of the preparatory group are composed of owners, street offices (township governments) and representatives of the construction unit.

Article 16 The preparatory group shall make the following preparations:

(a) to determine the time, place, form and content of the first owners' meeting;

(two) with reference to the model text formulated by the municipal real estate administrative department, draft the rules of procedure and management regulations of the owners' congress;

(three) to confirm the identity of the owners, determine the number of owners and the construction area of the exclusive part of the owners;

(four) to formulate the methods for the selection of members of the owners' committee and determine the list of candidates;

(five) other preparations for the first meeting of the owners' congress.

Candidates for members of the owners' committee shall be recommended by the preparatory group, and more than 30 owners may jointly recommend a candidate. The preparatory group shall examine the qualifications of candidates for membership and determine the list of candidates.

Items (1) to (4) of the preceding paragraph shall be publicized in the property management area in written form fifteen days before the first meeting of the owners' general assembly. If the owner has any objection to the identity of the owner, the number of owners or the exclusive part of the construction area, the preparatory group shall conduct a review and inform the objector of the review results.

Seventeenth the construction area of the exclusive part of the owner's own property is calculated according to the construction area recorded in the real estate certificate; For the real estate that has been sold but has not been registered for real estate ownership, it shall be calculated according to the construction area determined in the commercial housing sales contract.

The number of owners is calculated according to the number of real estate warrants, and one warrant counts as one owner. For the real estate that has been sold but has not been registered for real estate ownership, the number of owners shall be calculated according to the number of commercial housing sales contracts, and one contract shall be counted as the number of owners; For unsold properties, the construction unit is counted as an owner.

Eighteenth owners' meeting can be in the form of collective discussion, but also in the form of written comments.

There are more than two houses in the same property management area, and several owners' representatives can be elected to participate in the owners' meeting by building, unit and floor. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent on the matters to be discussed at the meeting of the owners' congress in advance. If a vote is required, the owner's representative shall truthfully reflect the opinions of approval, opposition or abstention when voting at the owners' meeting, and sign it.

Nineteenth owners' meeting should be attended by owners whose exclusive parts account for more than half of the total area of the building and more than half of the total number of owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress in writing.

The owners' congress shall make a decision on the matters specified in Item (6) of Article 11 of this Ordinance, and shall obtain the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people; If the owners' congress makes a decision on other matters, it shall be approved by the owners whose exclusive parts account for more than half of the total area of the building and more than half of the total number of people.

Twentieth owners' meeting organized by the owners' committee. Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress, and the neighborhood offices (township governments) and neighborhood committees where the property is located shall be invited to participate.

When the owners who account for more than 20% of the total number request to convene an interim meeting of the owners' meeting in writing, the owners' committee shall organize the meeting within 30 days. If the owners' committee does not organize the convening, the subdistrict office (township government) shall order the owners' committee to organize the convening within a time limit. If the owners' committee fails to organize the convening, and the owners accounting for more than 20% of the total number request the subdistrict office (Township People's Government) to organize the convening, the subdistrict office (Township People's Government) shall organize the convening within 30 days after receiving the application.

Twenty-first owners' committee is the executive body of the owners' congress. The number of members shall be decided by the owners' meeting, but it shall not be less than five, and it shall be odd. The term of office shall not exceed five years, and may be re-elected.

The owners' committee shall have one director and one to three deputy directors. The director of the owners' committee is the representative of the owners' committee. The director and deputy director shall be elected by the owners' committee among the members of the owners' committee, and shall be removed by the owners' committee.

Twenty-second owners' committee shall implement the alternate member system. The number of alternate members and their production procedures shall be determined by the method for producing members of the owners' committee.

Alternate members may attend meetings of the owners' committee as nonvoting delegates, but have no voting rights.

Twenty-third members of the owners' committee shall be natural person owners or natural person representatives authorized by the owners of the unit within the property management area, and meet the following conditions:

(1) Having full capacity for civil conduct;

(two) enthusiastic about public welfare undertakings, strong sense of responsibility, with a certain organizational ability;

(three) to fulfill the obligations of the owners such as paying property service fees and property special maintenance funds on schedule;

(four) I, my spouse and immediate family members are not working in the enterprise that provides property services for the property management area;

(five) have the health conditions and cultural level to perform their duties.

Twenty-fourth owners' committee shall, within thirty days from the date of its emergence, submit the following documents to the neighborhood offices (township governments) where the property is located, and publicize them in the property management area at the same time:

(a) the name of the owners' committee and the list of directors, deputy directors and members of the owners' committee;

(two) the rules of procedure of the owners' congress;

(3) Management regulations;

(four) the office space and telephone number of the owners' committee.

Where the matters recorded by the owners' committee are changed, they shall be re-recorded and publicized in accordance with the provisions of the preceding paragraph.

Article 25 If the owners think that the process of publicity (filing) by the owners' committee violates the procedures or is fraudulent, they may apply to the neighborhood offices (township governments) where the property is located for verification, and the neighborhood offices (township governments) shall make a decision based on the verification within 30 days after receiving the application.

Article 26 If the owners' committee needs to engrave the seal, it shall engrave the seal of the owners' committee in a unit recognized by the public security organ with the record certificate in accordance with the relevant provisions of the state, and use the seal in accordance with the management statute, the rules of procedure of the owners' congress and relevant provisions.

Article 27 The owners' committee shall perform the following duties:

(a) to formulate the working system of the owners' committee;

(two) to convene and preside over the meeting of the owners' congress, report on the implementation of property management, and announce the decisions of the owners' congress;

(three) on behalf of all the owners and the owners' congress to select the realty service enterprise to sign, change or terminate the realty service contract;

(4) Organizing and supervising the implementation of management regulations;

(five) publicize the use of special maintenance funds for property, and organize or participate in the completion acceptance of partial maintenance, renewal and transformation of property;

(six) the use of the funds of the owners' committee shall be publicized once every six months;

(seven) timely understand the opinions and suggestions of the owners and users, and supervise and assist the realty service enterprises to perform the realty service contract;

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

(nine) according to the decision of the owners' meeting, on behalf of all owners to participate in litigation or arbitration caused by property management activities;

(ten) to cooperate with the relevant departments to maintain the regional order of property management;

(eleven) other duties entrusted by the management statute and the owners' meeting.

Article 28 The owners' committee shall hold a meeting at least once every quarter.

The meeting of the owners' committee shall be convened and presided over by the director of the owners' committee. When more than 1/3 members request a meeting, the chairman of the owners' committee shall organize a meeting.

The chairman of the owners' committee may entrust the deputy director of the owners' committee to convene and preside over the meeting in writing. Members of the owners' committee may not entrust others to attend the meetings of the owners' committee.

Twenty-ninth meetings of the owners' committee shall be attended by more than two thirds of the members and recorded in writing, and the decision shall be signed by more than half of all the members. Within three days after the decision is made, it shall be publicized in writing within the property management area for more than seven days.

The decision of the owners' committee is invalid without the consent of more than half of all members and publicity.

Thirtieth members of the owners' committee shall abide by laws, regulations and management regulations, and shall not commit any of the following acts:

(1) Invading all the property of the owner;

(2) Soliciting or illegally accepting benefits or remuneration provided by construction units, property service enterprises or interested owners;

(three) in violation of the property service contract, refusing to pay the property service fee, or taking advantage of his position to ask the property service enterprise to reduce the property service fee;

(4) disclosing the information of other owners;

(five) other acts that harm the interests of the owners or may affect their fair performance of their duties.

If a member of the owners' committee violates the provisions of the preceding paragraph, the meeting of the owners' committee shall decide to suspend his duties as a member and submit it to the meeting of the owners' general assembly for decision to terminate his duties as a member.

Thirty-first members of the owners' committee are under any of the following circumstances, and their duties as members shall terminate automatically:

(1) The owner no longer owns the property due to the transfer or loss of the property;

(two) due to illness and other reasons to lose the ability to perform their duties;

(3) Being investigated for criminal responsibility according to law during his tenure;

(four) to resign in writing to the owners' congress or the owners' committee;

(five) other circumstances agreed in the rules of procedure of the owners' congress.

Thirty-second members of the owners' committee shall be supervised by the owners. Owners have the right to recall members of the owners' committee.

More than 20% of the owners can jointly submit a written request to the sub-district office (township government) to recall the members of the owners' committee. Street offices (township governments) shall, within thirty days from the date of receiving the recall request, notify the owners' committee in writing to convene the owners' meeting within a time limit, and the owners' meeting shall make a decision on whether to recall. If the owners' committee fails to convene within the time limit, it shall be convened by the sub-district office (township government).

Article 33 If a member of the owners' committee is disqualified or dismissed, the owners' committee shall make an announcement in a prominent position in the property management area in written form, and the owners have the right to inquire about relevant information.

If a member of the owners' committee is disqualified or dismissed, his position as director and deputy director of the owners' committee shall be terminated accordingly, and the seals, account books, documents and materials kept by him and the property owned by all owners shall be handed over to the owners' committee within three days from the date of announcement.

Thirty-fourth members of the owners' committee collectively resign, they shall convene the owners' meeting by organizing the first owners' meeting and re-elect the owners' committee.

The vacancy of members of the owners' committee shall be filled by alternate members according to the number of votes. If the number of members of the owners' committee is still less than five, the owners' general meeting shall be organized in time for by-election.

Thirty-fifth two months before the expiration of the term of office of the owners' committee, it shall organize a meeting of the owners' general assembly to elect a new owners' committee. Overdue reform, accounting for more than 20% of the total number of owners request the neighborhood offices (township governments) where the property is located to change the organization, and the neighborhood offices (township governments) shall organize a meeting of the owners' assembly within 30 days after receiving the application to elect a new owners' committee.

The original owners' committee shall hand over the property files, seals and other property belonging to the owners' assembly and the owners' committee to the new owners' committee within ten days from the date when the new owners' committee is formed, and handle the handover procedures.

Article 36 Where the owners' assembly or owners' committee is dissolved due to changes in the property management area, before dissolution, the owners' assembly or owners' committee shall, under the guidance and supervision of the neighborhood offices (township governments) where the property is located, do a good job in the liquidation of the owners' property.

Thirty-seventh decisions made by the owners' congress and the owners' committee are binding on all owners and users.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the neighborhood office (township government) where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Chapter IV Early Property Management

Article 38 The construction unit of a newly-built property shall, before the property is sold, formulate a temporary management statute with reference to the model text of the temporary management statute formulated by the municipal real estate administrative department, and report it to the real estate administrative department of the county (autonomous county) or subdistrict office (township government) where the property is located for the record.

After the first owners' meeting passed the management statute, the temporary management statute became invalid.

Article 39 A construction unit with residential projects in the property shall select and employ a realty service enterprise with corresponding qualifications through bidding. A property management area should be invited for bidding as a whole.

There are residential pre-sale projects in the property, and the construction unit shall select the realty service enterprise through bidding before handling the pre-sale permit of the house; The existing residential projects in the property, the construction unit shall select the realty service enterprise through bidding before the property sales.

If there are less than three bidders or the residential building area is less than 30,000 square meters, the construction unit may select and hire a realty service enterprise with corresponding qualifications through agreement with the approval of the real estate administrative department of the county (autonomous county) where the property is located.

Article 40 The construction unit shall refer to the model text of the preliminary realty service contract formulated by the municipal real estate administrative department in conjunction with the municipal administrative department for industry and commerce, sign a written preliminary realty service contract with the selected realty service enterprise, and report it to the real estate administrative department of the county (autonomous county) where the property is located for the record within 15 days after signing.

When the realty service contract signed by the owners' committee and the realty service enterprise according to law comes into effect, the prophase realty service contract is terminated.

Forty-first construction units should provide temporary management agreements and preliminary property service contracts to property buyers when selling properties, and explain them.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management statute and perform the preliminary property service contract.

Forty-second preliminary realty service contract from the effective date to the date of delivery of the property, the property service fee shall be borne by the construction unit.

The property service fee incurred from the delivery date of the property for sale to the termination date of the previous property service contract shall be borne by the buyer according to the property service fee standard agreed in the previous property service contract; If the property service fee standard is not stipulated in the preliminary property service contract, it shall be borne by the construction unit.

Forty-third property services, including property services companies and owners' committees, are allocated free of charge by the construction unit in the property management area according to the standard of not less than three thousandths of the total construction area and not less than fifty square meters.

Property service rooms should be independent houses with complete sets of decoration above the ground, with water and electricity use functions; For properties without elevators, the floor where the property service room is located shall not be higher than four floors.

City and district, county (Autonomous County) planning administrative departments in the examination and approval of construction project planning permits, should be in accordance with the provisions of the preceding two paragraphs to clarify the location and area of property services. When applying for the pre-sale permit, the construction unit shall submit relevant information such as the location and area of the property management house, and the real estate administrative department shall indicate the location of the property service house when issuing the pre-sale permit. When the construction unit sells commercial housing, it shall announce the location and area of the property service room.

Property service rooms belong to all owners and are used for property management activities. The realty service enterprise and the owners' committee shall not change its use without authorization.

When handling the initial registration of ownership, the real estate administrative department shall indicate the location and area of the property service room and other parts of the property in the real estate register, and the owner has the right to inquire.

Forty-fourth after the signing of the preliminary realty service contract, before the delivery of the house, the construction unit shall hand over the property files to the realty service enterprise and the neighborhood office (township government) where the property is located, and provide the property management space. The properties file includes the following information:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the realty service house and the realty file to the owners' committee.