Regulations of Wenzhou Municipality on Property Management

Chapter I General Provisions Article 1 In order to regulate property management activities and safeguard the legitimate rights and interests of all parties involved in property management, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and the Regulations on Property Management of Zhejiang Province, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to property management activities and their supervision and management within the administrative area of this Municipality. Article 3 Property management shall follow the principle of combining owner autonomy with government supervision according to law. Article 4 The people's governments of cities and counties (cities, districts) shall incorporate property services into the development planning of modern service industry, community construction and community management system, establish and improve a socialized and market-oriented property management mechanism, and encourage the adoption of new technologies and methods to improve the level of property management and services. Fifth city and county (city, district) property management administrative departments responsible for the supervision and management of property management within their respective administrative areas.

Other relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in the supervision and management of property management according to law.

Neighborhood offices and township (town) people's governments are responsible for guiding the establishment of the owners' congress and the election of owners' committees and other owners' organizations within their respective jurisdictions, supervising the daily activities of owners' organizations, mediating and handling property management disputes, and coordinating the relationship between property management and community management and community service. City, county (city, district) property management administrative departments shall provide assistance.

Residents' (villagers') committees and community organizations shall assist neighborhood offices and township (town) people's governments in carrying out property management-related work. Sixth city and county (city, district) property management administrative departments and relevant administrative departments shall, in accordance with their respective responsibilities, accept complaints and reports on property management activities, and investigate and deal with illegal acts according to law. Seventh property management industry associations and owners' committees associations shall formulate and organize the implementation of self-discipline norms, organize business training, and assist in mediation and settlement of property management disputes. Chapter II Owners and Owners' Organizations Article 8 The term "owners" as mentioned in these Regulations refers to the owners of property. A person who legally occupies the exclusive part of the building due to legal acts such as house expropriation and compensation, and buying and selling commercial houses with the construction unit, but fails to register the ownership according to law, can be identified as the owner. Article 9 The number of owners shall be calculated according to the number of people in the exclusive part of the building, and one exclusive part shall be calculated according to one person. However, the part of the construction unit that has not been sold and has been sold but not delivered shall be counted as one person; If the same owner owns more than one exclusive part, it shall be counted as one person.

The exclusive area shall be subject to the records in the real estate register; Real estate registration has not been carried out, according to the measured area of surveying and mapping institutions; If it is not measured, it shall be calculated according to the area recorded in the commercial housing sales contract or the house expropriation compensation agreement. Article 10 All owners in a property management area shall form an owners' assembly, and an owners' assembly shall be established in a property management area.

The meeting of the owners' congress may take the form of collective discussion, written comments or other forms.

Decisions adopted by the owners' congress are binding on all owners. Article 11 If the rules of procedure adopted by the owners' congress stipulate the establishment of the owners' congress and specify the authorized matters, the owners' congress may be established. The owners' congress shall perform the duties of the owners' congress.

The owners' congress consists of owners' representatives elected by the owners and owners who have not elected owners' representatives. The owner's representative shall exercise the owner's rights according to the matters authorized by the owner. The voting rights of the owners' representatives shall be calculated according to the voting rights of the owners they represent.

The establishment of the owners' congress shall be filed with the subdistrict office and the township (town) people's government. If the owner revokes the authorization of the elected owner's representative, it shall notify the owners' committee in writing. Article 12 If the conditions for the establishment of the owners' congress are met, the subdistrict office and township (town) people's government shall, within 60 days from the date of receiving the written application for the preparation of the owners' congress jointly submitted by the construction unit or 10 or more owners, guide the owners to establish the preparatory group for the owners' congress.

The preparatory group consists of residents' (villagers') committees or community organizations, construction units and owners' representatives. The preparatory group shall hold the first meeting of the owners' congress within 90 days from the date of its establishment.

The first meeting of the owners' congress shall include the management statute, the rules of procedure of the owners' congress and the elected owners' committee in the agenda.

For a construction project divided into a property management area and developed by stages, if the preliminary development part meets the conditions for the establishment of the owners' meeting, a preparatory group may be established in accordance with the provisions of the first paragraph of this article; The first meeting of the owners' congress shall clearly add the members of the owners' committee in the rules of procedure of the owners' congress. Thirteenth construction units shall provide the following information to the preparatory group within seven days from the date of the establishment of the preparatory group:

(a) the completion of the general plan, single building, structure, equipment completion diagram, sub-building layered diagram, Xing Tao diagram, the completion of roads, underground garages, underground pipe network projects in the property area and other completion acceptance data;

(2) * * * list of facilities and equipment;

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

(four) property quality warranty and property use documents;

(5) List of owners;

(six) other information required by the property management.

If the construction unit has been cancelled, the realty service enterprise shall provide relevant information in accordance with the provisions of the preceding paragraph.