Full text of Hubei property management regulations

Announcement on soliciting opinions on the revision of the Regulations on Property Management in Hubei Province (Draft for Comment)

The full text of the draft of Hubei Province Property Management Regulation 20 15 is now published for public consultation. People from all walks of life are welcome to send e-mails or letters to put forward opinions and suggestions for revision through the collection system of Hubei provincial laws and regulations through the legal network of Hubei provincial government.

Start and end time of public consultation:

March 16 ~ April16

Mailing address: Economic Legal Department, Legal Affairs Office of Hubei Provincial People's Government.

Postal code: 43007 1

The full text of Hubei Property Management Bill 20 15 for comments.

Chapter I General Provisions

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of all parties involved in property management, create a good living and working environment, and promote the construction of a harmonious community, 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 other laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the use, maintenance and service of properties within the administrative area of this province and their supervision and management activities.

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

Article 3 People's governments at or above the county level shall incorporate property services into the development planning of modern service industry, community construction and community management system, formulate and implement supporting policies, implement preferential tax policies, and reduce the burden on property service enterprises; Establish and improve a professional, socialized and market-oriented property management system, form an open, fair and just market competition mechanism, encourage the adoption of new technologies and methods, and improve the property management and service level by relying on scientific and technological progress.

Fourth provincial people's government housing and urban construction administrative departments responsible for the supervision and management of property management activities in the province.

The real estate administrative departments of the people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

The relevant administrative departments of the people's governments at all levels shall be responsible for the supervision and management of property management activities in accordance with their respective responsibilities.

Fifth street offices, Township People's governments and real estate administrative departments shall be responsible for guiding and supervising the property management work in their respective jurisdictions. Coordinate the relationship between property management and community management; Coordinate the relationship between the construction unit and the realty service enterprise, the owner and the realty service enterprise, and the franchise unit and the realty service enterprise; Responsible for the formation and general election of the owners' congress and the owners' committee in this area, and guide and supervise the daily activities of the owners' committee. Community residents' (village) committees shall assist neighborhood offices and township people's governments to do a good job in property management.

Article 6 The realty service industry association shall strengthen the self-discipline management of the industry, standardize the practice behavior, advocate honest management, strengthen the training of employees of realty service enterprises, improve the level of realty service, and safeguard the legitimate rights and interests of realty service enterprises.

Chapter II Owners, Owners' Congress and Owners' Committee

Section 1 Owner

Article 7 The owner of a house is the owner. The owners mentioned in these Regulations include:

(a) the owner of the house registered by the house ownership certificate;

(two) the person who has obtained the ownership of the exclusive part of the building in accordance with the provisions of the third section of Chapter II of the Property Law of People's Republic of China (PRC);

(three) the person who has not registered the ownership of the house but has legally occupied the house based on certain legal facts.

Eighth owners in property management activities, enjoy the following rights:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;

(ten) other rights stipulated by laws and regulations.

Ninth owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state and the autonomous region to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Section 2 Preparation of Owners' Meeting

Tenth a property management area to set up an owners' meeting.

The construction unit or the realty service enterprise shall report the owner's occupancy to the real estate department, the subdistrict office and the Township People's Government in writing. Meet one of the following conditions, the owners' meeting shall be established:

(a) the exclusive part of the construction area delivered for use has reached more than 50% of the total construction area in the property management area;

(two) the proportion of households reached more than fifty percent;

(3) Two years have passed since the first delivery.

Eleventh in line with the conditions of the first owners' meeting, the subdistrict office and the Township People's Government shall, after receiving the report, jointly with the real estate authorities, set up a preparatory group for the owners' meeting in time within thirty days.

The report of the construction unit or property management enterprise shall include the following materials required for the preparation of the first meeting of the owners' congress:

(1) Certificate of property manager;

(2) The general plan of building planning;

(3) The general plan of greening completion;

(four) ancillary facilities and equipment delivery for the record;

(five) the property service room configuration certificate;

(six) special maintenance fund deposit certificate;

(7) List of owners;

(eight) other documents required for the establishment of the owners' meeting.

If the development and construction unit or the prophase realty service enterprise fails to report in writing in time, more than 20% of the owners may jointly submit a written request for the establishment of the owners' meeting to the county (district) housing management department, neighborhood offices and township people's governments.

Twelfth owners of the preparatory group by the owners, neighborhood offices or Township People's government, development and construction units, the proportion of owners' representatives shall not be less than two-thirds of the total number of preparatory groups. The head of the preparatory group is the representative of the sub-district office and the Township People's Government.

Thirteenth owners of the preparatory group to perform the following duties:

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

(two) to draft the management statute, the rules of procedure of the owners' congress and the working rules of the owners' committee;

(three) to confirm the identity of the owners at the first meeting of the owners' congress and determine the number of voting rights of the owners;

(four) put forward the election method, candidate conditions and list of members of the first owners' committee;

(five) to determine the voting rules for the first meeting of the owners' congress;

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

The preparatory group shall, within fifteen days from the date of its establishment, announce its job responsibilities and membership list in the property management area.

The preparatory group of the owners' congress shall organize the first meeting of the owners' congress within 90 days from the date of composition.

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