Regulations of Datong Municipality on Property Management (revised on 20 17)

Chapter I General Provisions Article 1 In order to safeguard the legitimate rights and interests of all parties involved in property management and standardize property management activities, these Regulations are formulated in accordance with the State Council's Regulations on Property Management, Shanxi's Regulations on Property Management and other relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to property management, use, supervision and management activities within the administrative area of this Municipality. Article 3 Owners are encouraged to choose property service enterprises through an open, fair and just market competition mechanism.

Encourage organs, enterprises, institutions and other organizations to implement property management. Article 4 The competent department of property management of the Municipal People's Government shall be responsible for the supervision and management of property management activities in this Municipality.

The competent department of property management of the county and district people's governments shall be responsible for the supervision and management of property management activities in this area.

Neighborhood offices and Township People's governments are responsible for guiding and helping the establishment of the owners' congress and the change of the owners' committee in their respective jurisdictions, supervising the owners' congress and the owners' committee to perform their duties according to law, and mediating and handling property management disputes. The residents' committees and villagers' committees shall provide assistance and cooperation.

Public security, housing construction, planning, municipal administration, environmental protection, gardens, prices and other departments shall, in accordance with their respective responsibilities, cooperate in property management. Chapter II Owners, Owners' Congress and Owners' Committee Article 5 The rights and obligations of owners in property management activities shall be implemented in accordance with the relevant provisions of the Regulations of the State Council Municipality on Urban Property Management.

The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but the agreement shall not violate the relevant provisions of laws, regulations and management regulations. Property users who violate the provisions of these regulations and the management convention shall bear the responsibility, and the relevant owners shall bear joint and several liability. Article 6 A general meeting of owners shall be established in the property management area. The owners' meeting is composed of all owners in the property management area.

The number of owners in the property management area is small, and it is decided not to set up the owners' meeting with the unanimous consent of all owners. All owners shall perform the duties of the owners' meeting and the owners' committee. Seventh property management areas in accordance with the following provisions for specific division:

(a) according to the scope of the red line map determined by the planning permit for the construction land of the property project;

(two) the main supporting facilities and related sites of the property should be divided into one property management area, but if the main supporting facilities and related sites can be used independently, they can be divided into different property management areas;

(three) the use of the main supporting facilities and related sites in the area where property management has been implemented shall be divided into one property management area; If the main supporting facilities and related sites can be used separately, they can be divided into different property management areas with the consent of the owners' meeting;

(four) different property management areas are geographically and naturally connected, and can be merged into one property management area with the consent of their respective owners' meetings. Eighth property management area of housing sales and delivery of construction area reached more than 50% of the total construction area, the owners' meeting shall be established.

In line with the conditions mentioned in the preceding paragraph, the construction unit shall promptly report in writing to the county and district property management departments, sub-district offices and township people's governments where the property is located. Sub-district offices and Township People's governments shall organize the establishment of the preparatory group for the owners' congress within thirty days after receiving the written report. Article 9 The preparatory group of the owners' congress consists of five to seven people. The team leader is the staff of the sub-district office or the township people's government, and the members are composed of one representative of the construction unit and several representatives of the owners elected by the owners.

The list of members of the preparatory group of the owners' congress shall be published within the property management area within seven days from the date of its establishment.

The construction unit and the realty service enterprise shall assist the preparatory group of the owners' congress and provide all convenient conditions for the preparatory work. Tenth owners of the preparatory group shall perform the following duties:

(a) to determine the time, place and agenda 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 owners, make a list of owners, and determine the number of voting rights of the owners at the meeting of the owners' congress;

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

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

The preparatory group of the owners' congress shall publicize the contents of items (1) to (4) of the preceding paragraph in the property management area fifteen days before the first meeting of the owners' congress is held. Eleventh the preparatory group of the owners' congress shall organize the first meeting of the owners' congress within thirty days from the date of its establishment.

Within seven days from the date of the election of the owners' committee, the preparatory group of the owners' congress shall hand over the list of owners and other relevant materials to the owners' committee, and its duties shall terminate automatically.

The funds required for the preparatory work of the owners' congress shall be borne by the construction unit. Twelfth the following matters shall be decided by the owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.