Regulations of Sichuan Province on Property Management Owners, Owners' Congress and Owners' Committee

The legally registered house owner is the owner.

If the house has been legally occupied due to legal relations such as sale, gift and inheritance, but the ownership registration has not been handled according to law, the owner shall enjoy the rights and assume corresponding obligations in property management.

The owner shall not fail to perform his obligations on the grounds of giving up his rights. In the property management area, if one of the following conditions is met, the first owners' meeting may be held:

(a) the area of the exclusive part of the house delivered reaches 50% of the total construction area or the number of houses delivered reaches more than 50% of the total number of units;

(two) the first set of housing has been delivered for two years and the number of deliveries has reached more than 20% of the total number;

(three) the realty service enterprise shall terminate the contract in accordance with the law within the period of the previous realty service contract or 90 days before the expiration of the previous realty service contract.

Only one owners' meeting can be established in the same property management area. In accordance with the provisions of the twentieth paragraph of this Ordinance, the construction unit shall, within 30 days from the date when the conditions are met, report in writing to the neighborhood offices (township and town people's governments) where the property management area is located to apply for the establishment of the owners' meeting.

In accordance with the provisions of the first paragraph of Article 20 of this Ordinance, if the construction unit fails to report in writing in time to apply for the establishment of the owners' meeting, the owners who have delivered more than 10% of the exclusive parts in the same property management area may jointly submit a written request for the establishment of the owners' meeting to the neighborhood offices (township and town people's governments) where the property management area is located.

The property right of affordable housing can be established according to the ownership of the house, or the local neighborhood offices (township and town people's governments) are responsible for organizing relevant departments, property users and neighborhood (village) committees to set up management committees to perform the relevant duties of the owners' meeting. Sub-district offices (township and town people's governments) shall, within 15 days from the date of receiving the report, organize the owners to set up a preparatory group for the owners' meeting in conjunction with the real estate administrative department of the people's government at the county level where the property management area is located to prepare for the first meeting of the owners' meeting.

The preparatory group consists of owners' representatives, construction units, real estate administrative departments, sub-district offices (township and town people's governments) and residents' (villagers') committees, among which the number of owners' representatives shall not be less than two thirds of the total number. The list of members of the preparatory group shall be published in writing by the sub-district offices (township and town people's governments) within the property management area.

The owners' representatives in the preparatory group are recommended by the sub-district offices (township and town people's governments) or residents' (villagers') committees. The head of the preparatory group is the representative of the sub-district office (township and town people's government). The preparatory group shall perform the following duties:

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

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

(three) to confirm the identity of the owner, the number of voting rights of the owner and the area of the exclusive part of the owner;

(four) to formulate the election method of the owners' committee and put forward the list of candidates;

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

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

The preparatory group shall organize the first meeting of the owners' congress within 90 days from the date of its establishment. The funds for the preparatory group and the first meeting of the owners' congress shall be borne by the construction unit. The owners' congress shall perform the following duties:

(a) to formulate and modify the management statute and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) to decide on the way of property management, and to select and dismiss property service enterprises;

(four) to raise and use special maintenance funds, and supervise the implementation;

(five) to formulate and modify some provisions on the management, use and operation of * * *;

(six) other matters decided by the owners' meeting as determined by laws, regulations or rules of procedure. Management regulations shall be formulated, and the use, maintenance and management of the relevant property, the interests of the owners, the rights and obligations that the owners should enjoy, shall be abided by, and shall not violate social morality or harm the public interests.

Management regulations are binding on all owners. The owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and consists of more than five people in an odd number. The term of office is 3 years or 5 years.

The meeting of the owners' committee shall be attended by more than half of the members, and the decision made must be agreed by more than half of all the members.

The decision of the owners' committee shall be announced in a prominent position within the property management area within 3 days from the date of making it. The owners' committee shall, within 30 days from the date of election, submit the following materials to the subdistrict office (Township People's Government) where the property management area is located for the record, and the subdistrict office (Township People's Government) shall send a copy to the real estate administrative department of the people's government at the county level after receiving the record materials:

(a) the establishment of the owners' meeting, the election of the owners' committee;

(two) management regulations, rules of procedure of the owners' congress;

(three) other major matters decided by the owners' congress.

After going through the filing formalities, the owners' committee may apply to the local public security organ for engraving the seal of the owners' committee with the filing certificate.

The owners' committee shall announce its establishment in the property management area. The owners' committee shall perform the following duties:

(a) to implement the decisions and resolutions of the owners' congress and safeguard the rights and interests of the owners;

(two) to convene a meeting of the owners' congress and report on the implementation of property management;

(three) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts.

(four) to listen to the opinions and suggestions of the owners and property users, and to supervise and assist the property service enterprises to perform the property service contracts;

(five) the implementation of supervision and management regulations;

(six) to mediate disputes between owners due to the use, maintenance and management of property;

(seven) other duties entrusted by the owners' congress. The owners' committee shall regularly publish the following information and materials to the owners in the property management area:

(a) management regulations, rules of procedure of the owners' congress;

(two) the decision of the owners' congress and the owners' committee;

(3) Property service contracts;

(four) the collection and use of special maintenance funds;

(five) the use of part of the property and the income and expenditure of the operating income;

(six) the income and expenditure of the working funds of the owners' congress and the owners' committee;

(seven) other information and materials that should be disclosed to the owners. 90 days before the expiration of the term of office of the owners' committee, a meeting of the owners' general assembly shall be held to hold a general election.

If the term of office of the owners' committee expires and is not re-elected, the sub-district offices (township and town people's governments) shall require them to re-elect within a time limit; If the re-election is not held within the time limit, the sub-district offices (township and town people's governments) shall organize the owners to hold a general election. Within 10 days from the date when the new owners' committee is elected at the meeting of the owners' general assembly, the original owners' committee shall, under the supervision of the sub-district offices (township and town people's governments), hand over the relevant documents, archives and other documents, seals and other property belonging to all owners to the new owners' committee. Refused to transfer, the new owners' committee may request the neighborhood offices (township and town people's governments) where the property is located to assist in the collection.

If the membership of the owners' committee is terminated or dismissed during the term of office, the documents and property listed in the preceding paragraph shall be handed over to the current owners' committee within 7 days from the date of termination. Members of the owners' committee shall terminate their duties by themselves in any of the following circumstances:

(a) due to the transfer of property rights and other reasons, it is no longer the owner;

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

(three) other circumstances agreed in the rules of procedure of the owners' congress. In any of the following circumstances, the owners' assembly or the owners' committee shall decide to recall its membership according to the authorization of the owners' assembly:

(1) Invading all the property of the owner;

(two) to ask for benefits from the construction unit, property service enterprises or interested owners;

(three) taking advantage of his position, asking the property service enterprises to reduce their property service fees;

(four) the disclosure of owner information or the use of owner information to engage in activities unrelated to property management;

(five) more than half of the members of the owners' committee or more than one-fifth of the owners have proposed to revoke their membership;

(six) other recall qualifications agreed in the rules of procedure of the owners' congress. Upon the decision of the owners' meeting, funds can be raised from the following channels for the owners' committee to carry out its work:

(a) all owners * * * have a certain income from property management;

(2) All owners * * * jointly pay;

(three) other legal means such as voluntary donation by the owners.

The scope and standard of the working expenses and subsidies of the members of the owners' committee shall be decided by the owners' congress. The owners' committee shall properly keep the working funds and publish the income and expenditure to the owners in writing every six months.