Provisions of Xiamen Municipality on Property Management Chapter II Owners' Congress and Owners' Committee

Article 7 The division of property management areas shall be subject to the approved land use scope of the 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.

Article 14 Where an owners' committee is established when the property is developed by stages in the same property management area, the total number of owners' committees and the number of undeveloped properties in the property management area shall be stipulated in the rules of procedure of the owners' congress.

Fifteenth owners of the general assembly to vote by secret ballot. The exclusive part of a building area of one square meter is a right to vote.

A meeting of the owners' general assembly shall be held, and the number of owners attending the meeting shall exceed half of all owners, and the voting rights of the owners attending the meeting shall exceed half of the voting rights held in the property management area, so that the meeting of the owners' general assembly shall be effective.

The term "participation" as mentioned in the preceding paragraph refers to the owner's signature on the meeting attendance form or signature on the voting votes and electoral votes.

The voting matters at the meeting of the owners' congress shall be passed by more than half of the owners present at the meeting, but the voting matters and voting conditions at the meeting may be delivered in writing to the owners who did not attend the meeting. The owners who did not attend the meeting shall make a decision and give a written reply within the specified time. Upon the expiration of the prescribed time limit, the reply of the owners who did not attend the meeting shall be announced. If no written reply is given, it shall be deemed as agreeing with the voting opinions of most owners attending the meeting.

Article 16 The selection and dismissal of a realty service enterprise and the determination of the duration of the realty service contract shall be approved by the owners' meeting in accordance with legal requirements, and the owners' committee shall not be authorized to make decisions.

Seventeenth owners' committee shall promptly accept and handle the complaints of owners, and timely feedback to the owners.

The owners' committee shall report the work of the previous year to the owners' assembly or all owners every year.

Article 18 The owners' committee may employ full-time personnel to handle the daily affairs of the owners' committee, and their responsibilities and remuneration shall be decided by the owners' congress.

The construction administrative department shall organize full-time personnel to participate in the training, and the specific measures shall be formulated by the municipal construction administrative department.

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

(a) to accept the interests of the realty service enterprise or the relevant owners;

(two) to provide services agreed upon in the contract for the property service enterprises in the property management area, introduce related businesses or recommend interested parties for employment;

(three) I or my immediate family members provide services for the property service enterprises in the property management area;

(four) refusing to pay property management fees or special maintenance funds without justifiable reasons, and failing to perform the statutory obligations of the owners;

(5) Failing to attend the meeting of the owners' committee for three consecutive times without justifiable reasons;

(six) submit a written resignation to the owners' meeting;

(seven) according to the provisions of laws and regulations should not continue to serve as a member of the owners' committee.

The termination of members' duties shall be publicized in the property management area and filed with the sub-district office (Town People's Government).

Twentieth owners' committee shall organize the owners' meeting on time according to law. If the owners' committee fails to organize a meeting of the owners' congress within the time limit, the sub-district office (town people's government) may order it to organize the meeting within a time limit; If the owners' committee has not yet been organized, the sub-district office (town people's government) may organize the convening of the first owners' meeting in accordance with the procedures.

Twenty-first in the rules of procedure and management regulations shall convene the owners' committee in an emergency, the owners' committee fails to convene a meeting in time, the subdistrict office (town people's government) may designate members of the owners' committee to organize the meeting. If the owners' committee is unable to hold a meeting for some reason, the subdistrict office (town people's government) can directly organize the owners' congress to elect a new owners' committee.