Nanjing real estate ranking

Article 1 In order to standardize residential property management activities, safeguard the legitimate rights and interests of all parties involved in property management, create a good living environment, and promote the construction of harmonious communities, 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, the Regulations on Property Management of Jiangsu Province and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to residential property management and its supervision activities within the administrative area of this Municipality.

This Ordinance referred to in residential property management (hereinafter referred to as property management), refers to the activities of the owners of residential areas to maintain, conserve and manage the buildings, structures, supporting facilities and equipment and related sites within the property management area by hiring property service enterprises, and to maintain environmental sanitation and related order.

Article 3 The municipal and district people's governments shall strengthen the leadership and organization of property management, incorporate property management into the urban governance system, and establish a comprehensive coordination and target responsibility mechanism for property management; Establish corresponding capital investment and guarantee mechanism; Formulate and implement supporting policies for modern property service industry; Encourage the adoption of new technologies and methods to improve the level of property management and service.

Article 4 The municipal administrative department of property management shall be responsible for the unified supervision and management of property management activities in this Municipality, and the district administrative department of property management shall be responsible for the supervision and management of property management activities within its jurisdiction in accordance with the prescribed duties.

Urban and rural construction, planning, civil affairs, urban management, public security, quality and technical supervision, price, civil air defense, environmental protection, water affairs and other administrative departments shall, according to their respective responsibilities, do a good job in property management.

Street offices (Town People's Government) shall be responsible for the guidance, assistance and supervision of property management activities within their respective jurisdictions in accordance with the prescribed duties.

Community residents' (village) committees shall assist neighborhood offices (town people's governments) in property management.

Article 5 All administrative departments shall announce the ways of accepting complaints and reports in a prominent position in the property management area, perform their duties according to the division of functions, promptly accept complaints and reports from owners and relevant units, and investigate and deal with violations of laws and regulations according to law. Respond to real-name complaints and reports within a limited time, and keep the real-name complaints confidential.

Article 6 This Municipality shall establish a third-party evaluation system for property services. Owners' autonomous organizations, construction units and property service enterprises may entrust third-party property service assessment agencies to carry out property project handover inspection, property service standards and cost calculation, property service quality evaluation and other activities.

The third-party appraisal institution of property services shall provide professional services in accordance with laws, regulations and contracts, and the appraisal report issued shall be true, objective and comprehensive.

Chapter II Owners' Autonomy

Section 1 Owners' Meeting

Article 7 Owners shall, in accordance with laws, regulations, temporary management regulations, management regulations or the rules of procedure of owners' congress, participate in owner's autonomy activities in real name, exercise their rights and perform their obligations.

The temporary management statute, management statute or the rules of procedure of the owners' congress shall stipulate the way for the owners to participate in autonomous activities, the liability for breach of the agreement and the way to deal with disputes in autonomous activities.

Article 8 Owners' meetings shall be established in accordance with the designated property management areas, and each property management area shall have an owners' meeting.

The owners' congress is composed of all owners in the property management area, safeguarding the legitimate rights of all owners in property management activities and performing their duties according to law.

The owners' congress shall be established from the date when the management statute and the rules of procedure of the owners' congress are deliberated and adopted at the first meeting of the owners' congress.

In residential quarters with more than 300 owners, an owners' meeting may be established to perform the duties stipulated in the rules of procedure of the owners' meeting. Owners may attend meetings of the owners' congress as nonvoting delegates.

Decisions adopted by the owners' congress or the owners' congress (hereinafter referred to as the owners' congress) are binding on all owners.

Ninth in line with the conditions for the establishment of the owners' meeting, the construction unit shall submit the documents and materials needed to prepare for the first meeting of the owners' meeting to the street office (town people's government).

The preparatory funds for the first meeting of the owners' congress shall be determined according to the scale of the property management area, the number of owners and the construction area, and shall be borne by the construction unit. The construction unit shall, before handling the initial registration of house ownership, pay the preparatory funds for the first meeting of the owners' congress to the special account set up by the subdistrict office (town people's government) for the use of the preparatory group of the owners' congress.

After the first meeting of the owners' congress, the preparatory group of the owners' congress shall announce the use of preparatory funds to all owners in a prominent position in the property management area and accept the supervision of all owners.

Tenth in line with the conditions for the establishment of the owners' meeting, the street office (town people's government) shall organize the establishment of the preparatory group for the owners' meeting within 60 days after receiving the written application from the construction unit or more than ten owners.

The number of the preparatory group shall be an odd number of five to thirteen. The preparatory group can be composed of owners, street offices (town people's governments), construction units, community neighborhood committees and other members. The head of the preparatory group is appointed by the sub-district office (town people's government). The members of the owners are recommended by the sub-district offices (town people's governments), and the members of the owners are not less than 60% of the members of the preparatory group.

The recommendation method of the members of the owners in the preparatory group shall be determined by the sub-district office (town people's government), and all the owners shall be informed in advance. The preparatory group shall, within seven days from the date of its establishment, publicize the list of members in a prominent position in the property management area. Owners have objections to the members of the preparatory group, by the street office (town people's government) to coordinate and solve.

Before the preparatory group formally carries out the preparatory work, the administrative department of property management and the sub-district office (Town People's Government) shall train the members of the preparatory group on the relevant knowledge of property management.

Eleventh members of the preparatory group shall meet the following conditions:

(1) Having full capacity for civil conduct;

(2) I, my spouse and immediate family members are not employed in an enterprise providing property services in the same property management area;

(three) shall not ask for or illegally accept the interests or remuneration of the construction unit or the property service enterprise;

(4) There are no other circumstances that are not suitable for this position.

Members of the owners in the preparatory group shall also fulfill the obligation of timely payment of property service fees, public facilities sharing fees, car parking fees and residential special maintenance funds, and shall not engage in improper use of property, such as damaging the load-bearing structure of the house, illegal construction, damaging the appearance of the house or changing the nature of the use of the property without authorization; I, my spouse and immediate family members have not worked in the development and construction unit of this community.

Twelfth the preparatory group shall, within ninety days from the date of its establishment, complete the following preparatory work and hold the first meeting of the owners' meeting:

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

(two) to formulate the management statute and the draft rules of procedure of the owners' congress. The draft rules of procedure can stipulate whether to set up the owners' representative and the owners' board of supervisors, and draw up the draft plan for dividing the owners' groups;

(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) to draft the conditions, list and election methods for the candidates of the first owners' committee;

(five) to determine the convening plan and voting plan of the first owners' meeting;

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

The contents of the preceding paragraph shall be announced in a prominent position in the property management area fifteen days before the first owners' meeting, and the announcement time shall not be less than seven days. If the owner disagrees with the contents of the announcement, he shall put forward his opinions to the preparatory group in writing within the announcement period, and the preparatory group shall collectively discuss and decide whether to adopt it within seven days from the date of receiving the written opinions, and give a written reply.

After the establishment of the owners' meeting, the preparatory group will be dissolved automatically. If the preparatory group fails to complete the preparatory work mentioned in the preceding paragraph within 90 days, the sub-district office (Town People's Government) shall announce the dissolution of the preparatory group in writing. If there is litigation, reconsideration or objection to the members of the preparatory group in the preparatory stage, the period of litigation, reconsideration and objection handling shall not be included in the preparatory period.

Thirteenth owners' meeting is divided into regular meetings and temporary meetings.

When a meeting of the owners' congress is held, the contents of the meeting shall be conveyed to the sub-district office (town people's government) and the community neighborhood (village) Committee fifteen days before the meeting is held. Neighborhood offices (town people's governments) and community neighborhood (village) committees shall participate in guiding and supervising the voting of the owners' congress. The decisions made by the owners' congress and the owners' committee shall promptly inform the community residents' (village) committees.

If the owners' committee or other conveners of the owners' congress fail to convene an interim meeting of the owners' congress in accordance with the rules of procedure of the owners' congress, the sub-district office (town people's government) shall order rectification within a time limit. Without rectification, the street office (town people's government) will guide the relevant owners to hold an interim meeting of the owners' meeting.

Fourteenth there are more than two houses in the same property management area, and the owners' group can be established in units of buildings and units. The owners' group consists of all owners of buildings and units.

Where an owners' group is established, the responsibilities and work norms of the owners' group shall be clearly defined in the rules of procedure of the owners' congress.

Fifteenth all owners within the scope of the owners' group elected the owners' representatives of the group to attend the owners' meeting. The meeting of the owners' group shall be presided over by the owners' representative elected by the group, and the maintenance, conservation, renewal and transformation of * * * used parts and facilities and equipment within the scope of the group shall be decided through discussion.

The decision made by the owners' group shall comply with the provisions of the management statute and the rules of procedure of the owners' congress, and shall not violate the decision made by the owners' congress or the owners' committee authorized by the owners' congress, and shall inform the owners' committee within seven days after making the decision.

Article 16 The owners' group shall select the owners' representatives with the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number.

The owners' representatives shall be the owners in the owners' group, and their qualifications and term of office shall be stipulated in the rules of procedure of the owners' congress with reference to the conditions of the members of the owners' committee.

Seventeenth owners' representatives shall perform the following duties:

(a) before the owners' meeting, collect the opinions of the owners of this group on the topics of the meeting and attend the owners' meeting;

(two) to organize the owners' group to discuss the activities defined by the fifteenth provisions of this Ordinance, and to inform the owners' committee of the results;

(three) to inform the owners' committee of the relevant opinions and suggestions of the owners of this group;

(four) the establishment of this group work files;

(five) other duties stipulated in the rules of procedure of the owners' congress.

Section 2 Owners' Committee

Article 18 The owners' committee shall be elected by the owners' congress according to law, perform the duties entrusted by the owners' congress, implement the matters decided by the owners' congress, and accept the supervision of the owners.

If the number of owners is small and it is decided not to elect the owners' committee with the unanimous consent of all owners, all owners shall perform the duties of the owners' committee.

The owners' committee shall, within thirty days from the date of election, file with the subdistrict office (town people's government) according to law; If the owners' committee is not elected, the owners' congress shall file with the subdistrict office (town people's government).

If the filing materials are complete, the subdistrict office (town people's government) shall issue a written filing certificate within five working days, and send a copy of the filing materials to the district property management administrative department, the public security organ and the community neighborhood (village) committee within seven working days after filing; If the filing materials are incomplete, the sub-district office (town people's government) will not file the record, and inform in writing the materials that need to be filled.

The owners' congress or the owners' committee may, after filing with the subdistrict office (town people's government) according to law, file with the district civil affairs administrative department and obtain the registration certificate for the establishment of basic account.

Nineteenth members of the owners' committee shall be held by the owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability in the property management area.

Members of the owners' committee are elected by the owners' congress and announced in a prominent position in the property management area. The owners' committee consists of five to eleven members with a term of three to five years, and members may be re-elected. The specific number and term of office shall be determined by the rules of procedure of the owners' congress. The owners' committee shall have a chairman.

In any of the following circumstances, the owner shall not be a member of the owners' committee. Has served as a member of the owners' committee, terminated by the owners' committee, and publicity in accordance with the rules of procedure of the owners' congress:

(a) does not have full capacity for civil conduct;

(two) I and my spouse, immediate family members and the same property management area to provide property services enterprises have an interest;

(three) there is damage to the load-bearing structure of the house, illegal construction, destruction of the appearance of the house or unauthorized change of the nature of the use of the property and other improper use of the property without correction;

(4) Failing to pay related expenses such as property service fees, public facilities sharing fees, car parking fees and residential special maintenance funds in accordance with regulations and failing to make corrections;

(five) in violation of the provisions of the Municipal People's government on housing lease and has not been corrected;

(six) seek other interests, hinder the fair performance of duties and have not been corrected;

(7) Having a bad credit record and serious circumstances;

(eight) in violation of the interim management regulations, management regulations, rules of procedure of the owners' congress, or other circumstances that are not suitable for serving as members of the owners' committee.

Failing to elect the owners' committee or the number of members of the owners' committee is less than half of the total number, with the guidance and help of the neighborhood office (town people's government) where the property is located, a meeting of the owners' assembly will be held in accordance with the rules of procedure of the owners' assembly to elect or supplement the owners' committee.