Measures of Nanjing Municipality on Property Management (revised in 2003)

Chapter I General Provisions Article 1 In order to standardize the property management behavior, safeguard the legitimate rights and interests of the parties and promote the healthy development of the property management industry, these Measures are formulated in accordance with the Regulations of Jiangsu Province on Property Management and other relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the property management within the urban area of this Municipality.

Newly built residential areas and existing residential areas with complete supporting facilities shall be subject to property management.

The original residential areas with incomplete supporting facilities shall be rectified by the District People's Government, and conditions shall be gradually created for the implementation of property management.

Property management is implemented for buildings, industrial zones and other properties with complete supporting facilities. Article 3 Nanjing Real Estate Management Bureau is the administrative department in charge of property management in this Municipality, and is responsible for organizing the implementation of these Measures. The district real estate management departments shall be responsible for the administrative work of property management in their respective jurisdictions in accordance with the prescribed responsibilities.

Construction, planning, municipal utilities, city appearance, environmental protection, landscape, industrial and commercial administration, price, public security, civil affairs and other relevant departments and neighborhood offices and community residents' committees shall cooperate with each other to do a good job in property management within their respective functions and duties. Fourth property management industry should gradually establish a professional, socialized and market-oriented property management mechanism to improve the level of property management.

The administrative department of property management shall strengthen the supervision and inspection of the property management market, and establish and improve various systems of property management according to law.

Property management enterprises should follow the principle of paid service and self-financing, and enjoy preferential policies for the tertiary industry in accordance with relevant regulations. Chapter II Self-management of Owners Article 5 The owners shall conduct self-management of the property through the owners' congress or the owners' congress or the owners' committee. The owners' meeting is composed of all owners in the property management area. If the number of owners is less than five, the organization form of property management can be decided by the owners; If the number of owners exceeds 100, representatives may be elected to form the owners' assembly according to the building or unit (hereinafter referred to as the owners' assembly).

The scope of the property management area shall be defined by the administrative departments of property management in each district according to the relevant situation of the property and the equipment and facilities used by * * *, and shall be determined in principle according to the closed residential quarters, buildings and industrial zones. Article 6 Owners shall enjoy the following rights:

(a) to participate in the owners' meeting and vote on major issues involving the interests of the owners;

(two) the right to vote and to be elected by members of the owners' committee;

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

(four) the choice of property management companies;

(five) the service items are consistent with the property management fees paid;

(six) to supervise the management service activities of property management enterprises;

(seven) other rights stipulated by laws and regulations.

The Owner undertakes the following obligations:

(a) abide by the laws, regulations and rules of property management;

(2) Abide by the owners' convention;

(three) abide by the relevant decisions of the owners' congress and the owners' committee;

(four) to pay the property management service fee in accordance with the contract;

(five) to pay the maintenance fund in accordance with the relevant provisions;

(six) other obligations stipulated by laws and regulations. Article 7 The owners' congress shall exercise the following functions and powers:

(a) to consider, amend and adopt the owners' convention and the articles of association of the owners' committee;

(two) election and replacement of members of the owners' committee;

(three) to consider the work report of the owners' committee;

(four) to supervise the work of the owners' committee and change or cancel the inappropriate decisions of the owners' committee;

(five) to examine and approve the report of the owners' committee on the selection or dismissal of property management enterprises;

(six) to decide on major issues involving the interests of the owners. Article 8 The owners' meeting shall be convened by the owners' committee at least once a year. Upon the proposal of the owners who hold more than 30% of the voting rights in the property management area, the owners' meeting may be convened temporarily, and the owners' committee shall convene the owners' meeting on the proposed topic within 15 days after receiving the proposal.

The number of owners' voting rights, residential implementation of one household, one vote; The average number of non-residential buildings divided by the corresponding total number of owners is one vote, and each additional average number is increased by one vote; If the construction area of the property owned by the owner is less than the average, one vote will be counted.

Owners holding more than half of the voting rights shall attend the convening of the owners' meeting. Matters decided by the owners' meeting shall be voted by the owners present at the meeting, and more than half of the total voting rights shall be deemed as passed. Article 9 In the property management area, if the construction area of the property that has been delivered for use reaches 50%, or the construction area of the property that has been delivered for use reaches 30% but less than 50%, but it has been used for more than one year, the first owners' meeting shall be held under the guidance of the property management administrative department in the district where it is located, and the owners' committee shall be elected. The neighborhood offices and community residents' committees under the jurisdiction of the property shall guide and supervise the work of the owners' committee. Article 10 The owners' committee is an organization that represents and safeguards the legitimate rights and interests of all owners in property management activities and is responsible to the owners' congress. The owners' committee shall perform the following duties:

(a) to convene and preside over the owners' meeting;

(two) to draw up the draft owners' convention, the draft articles of association of the owners' committee and its revised draft and report it to the owners' congress for adoption;

(3) With the approval of the owners' meeting, hiring or dismissing the property management enterprise, and after the owners' meeting deliberates and agrees on the terms of the contract, signing, modifying or terminating the property management contract with the property management enterprise;

(four) approved by the owners' congress, responsible for the management, use and update of the maintenance fund;

(five) to examine and approve the annual property management work plan and major measures proposed by the property management enterprise;

(six) listen to the opinions and suggestions of the owners and users, supervise the service activities of the property management enterprises, and help the property management enterprises to implement various management service measures;

(seven) the implementation of the relevant decisions of the owners' congress;

(eight) accept the supervision of the owners, the owners' congress and the administrative department of property management;

(nine) urge the owners and users to abide by the owners' convention and relevant regulations;

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