Interim Measures of Hangzhou Municipality on Property Management in Residential Areas

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality in order to standardize the property management behavior in residential areas, clarify the rights and obligations of owners, users and property management enterprises, ensure the rational use of property, and create and protect a good living environment and public order. Article 2 These Measures shall apply to the property management of residential areas in Hangzhou. Article 3 The term "residential area" as mentioned in these Measures refers to a residential area with a certain scale and relatively complete infrastructure.

The term "residential property" as mentioned in these Measures refers to residential and non-residential houses and supporting public facilities, equipment and venues in residential areas. The scope of residential areas subject to property management shall be designated by the administrative department of property management of Hangzhou Municipal People's Government.

The term "property management" as mentioned in these Measures refers to the activities that the owners form the owners' committee and entrust the property management company to manage some of their properties and the same affairs.

The term "owner" as mentioned in these Measures refers to the owner of the property.

The term "user" as mentioned in these Measures refers to the lessee of the property and other people who actually use the property.

The term "property management company" as mentioned in these Measures refers to an enterprise legal person established in accordance with the law to engage in property management services.

According to the provisions of these measures, users of public houses shall enjoy the rights of owners and assume corresponding obligations. Article 4 Property management shall follow the principle of combining independent management by owners with professional management entrusted by property management companies. Fifth Hangzhou real estate administrative department (hereinafter referred to as the municipal property department) is the competent department of residential property management in this Municipality.

District real estate administrative departments (hereinafter referred to as district property management departments) shall supervise and manage the property management within their respective jurisdictions in accordance with these Measures.

Relevant functional departments at all levels shall, in accordance with their respective responsibilities, cooperate with the competent department of residential property management. Sixth people's governments at all levels should strengthen the coordination of the implementation of property management in residential areas within their jurisdiction.

Street offices (Town People's Government) are responsible for coordinating the relationship between property management and community management and community service. Seventh residential property management should be established in accordance with the provisions of the owners' committee. On behalf of the legitimate rights and interests of all owners and users of residential areas, the owners' committee entrusts property management companies to implement property management, and exercises its functions and powers in accordance with these Measures, the owners' convention, the articles of association of the owners' committee and the property management service contract. Eighth property management enterprises in accordance with the provisions of these measures, accept the entrustment of the owners' committee, in accordance with the property management service contract, unified management of residential property. Chapter II Owners' Congress and Owners' Committee Article 9 If the occupancy rate of residential quarters reaches more than 50% or the housing has been completed and delivered for two years, the district property management department shall organize the first owners' congress or the owners' congress to elect the owners' committee. Tenth owners' congress is composed of all owners of this residential area; If there are a large number of owners, the owners' representatives shall be elected in proportion to form the owners' meeting. Owners with more than half of the voting rights shall attend before convening the owners' meeting. The owner may entrust an agent to attend the owners' meeting in writing. Eleventh owners' congress and owners' congress held at least once a year; Upon the proposal of more than 20% of the owners or owners' representatives, the owners' committee shall convene the owners' congress or owners' congress in time.

The owners' congress or the owners' congress shall invite representatives of the residents' committee to attend as nonvoting delegates. Twelfth resolutions of the owners' congress or owners' congress shall be adopted by the owners or owners' representatives present at the meeting.

A set of houses with one vote; One ticket for non-residential houses per 150 square meter construction area, and one ticket for each house ownership certificate below 150 square meter. Thirteenth owners or owners' congress shall exercise the following functions and powers:

(a) to elect and recall members of the owners' committee;

(two) according to the proposal of the owners' committee, decide to hire or dismiss the property management company;

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

(four) to review or amend the articles of association of the owners' committee and the owners' convention;

(five) to consider and pass the residential property management plan;

(six) to change or cancel the inappropriate decisions of the owners' committee;

(seven) to decide on other major matters involving the rights and interests of the owners. Fourteenth owners' committee is an organization that represents all owners in the property management area to implement autonomous management of the property. Fifteenth members of the owners' committee shall be elected by the owners' congress or the owners' congress among the owners, and the number of members of the owners' committee shall not be less than five. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee among the members of the owners' committee.

Members of the owners' committee are elected for a term of three years and may be re-elected.

Members of the owners' committee shall abide by the law, be enthusiastic about public welfare undertakings, and have a strong sense of justice and responsibility.

The list of members of the owners' committee and the articles of association shall be reported to the district property management department for the record.

According to the needs of the work, the owners' committee may employ the staff of the police station, the residents' committee and other relevant units as the consultants of the owners' committee. Article 16 The owners' committee shall be responsible to the owners' meeting, safeguard the legitimate rights and interests of all owners and perform the following duties:

(1) Organizing the convening of the owners' congress or owners' congress;

(2) Propose the hiring or dismissal plan of the property management company, and sign, modify or terminate the entrusted service contract with the property management company according to the resolution of the owners' congress or the owners' congress;

(three) to supervise and inspect the use of property management funds, and to examine and approve the annual plan, financial budget and final accounts of property management services proposed by the property management company;

(four) to implement and urge the owners and users to abide by the provisions of property management and other relevant laws and policies, and to assist the property management company in implementing various management work;

(five) to accept the complaints of the owners to the property management company, and regularly listen to and consider the opinions and suggestions of the owners and users;

(six) to supervise the rational use of public buildings and public facilities;

(seven) accept the supervision and guidance of the property management department, and implement the instructions and requirements put forward by the government departments on property management matters;

(eight) other duties entrusted by the owners' congress or the owners' congress.

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

The decision made by the owners' committee shall be published.