Regulations of Shanxi Province on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property management enterprises, and improve the living and working environment of residents, these Regulations are formulated in accordance with the provisions of the "Regulations on Property Management" of the State Council and other relevant laws and regulations, combined with the actual situation of this province. Article 2 The term "property" as mentioned in these Regulations refers to houses, supporting facilities, equipment and related sites.

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses and their supporting facilities, equipment and related sites by hiring property management enterprises, and to maintain the environmental sanitation and order in the relevant areas. Article 3 Property with complete supporting facilities shall be subject to property management; If the supporting facilities are not complete, the people's government, the construction unit (or the public housing sale unit) and the public enterprise (institution) where the property is located shall improve the supporting facilities.

Encourage institutions, enterprises (institutions) and other units to implement property management. Fourth provincial people's government construction administrative departments responsible for the supervision and management of property management activities in the province.

The real estate administrative department of the people's government of a city or county (city or district) divided into districts shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in property management activities according to law. Chapter II Owners and Owners' Congress Article 5 The owner of a house is the owner.

The owners' rights and obligations in property management activities shall be implemented in accordance with the relevant provisions of the Regulations of the State Council Municipality on Property Management. Article 6 The lessee or other actual user of a property is the user of the property.

The rights and obligations of property users in property management activities shall be agreed by the owners and the property users, but the agreement shall not violate the relevant provisions of laws, regulations and the owners' convention. Property users who violate these regulations and the provisions of the owners' convention shall be jointly and severally liable. Seventh a property management area to set up an owners' meeting. The owners' meeting is composed of all owners in the property management area.

There is only one owner, who shall perform the duties of the owners' congress and the owners' committee.

If the number of owners is small and it is decided not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee. Article 8 The division of property management areas shall follow the following principles:

(a) to facilitate the life and work of residents;

(two) conducive to the implementation of unified management of the property;

(three) conducive to community construction and management. Article 9 In any of the following circumstances, the real estate administrative department of the city or county (city, district) where the property is located may determine it as a property management area:

(a) Belonging to an independent closed community;

(two) in the same block or adjacent lots;

(three) can enjoy supporting facilities and equipment;

(four) other can be transformed into a property management area.

According to the preceding paragraph (two), (three) and (four) to determine the property management area, the construction scale is generally not less than 30 thousand square meters.

After the division of property management areas, the real estate administrative departments of cities and counties (cities, districts) with districts shall make an announcement in the property management areas. Tenth city and county (city, district) real estate administrative departments where the property is located shall establish regional archives of property management. The file shall contain the following items:

(a) the scope, area and construction area of the property management area;

(2) * * * facilities and equipment;

(three) the construction unit, property unit;

(four) the total number of owners, population and the proportion of property rights;

(five) the name and management time of the property management enterprise.

Property management companies change, the owners' committee shall promptly report to the city and county (city, district) real estate administrative departments where the property is located for the record. Eleventh in a property management area, one of the following circumstances, the owners, construction units (or public housing units for sale) and property management companies can report to the city and county (city, district) real estate administrative departments where the property is located:

(a) sales delivery of housing construction area of more than 50%;

(two) the building area of the house sold and delivered for use is less than 50%, but it has been 2 years since the first owner moved in.

The administrative departments of real estate of cities and counties (cities, districts) with districts shall, within 30 days from the date of receiving the report, guide the establishment of the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group).

The preparatory group consists of the construction unit (or public housing sale unit) directly elected by the owner's representative and the owner. After the list of members of the preparatory group is confirmed, it will be published in writing in the property management area. The announcement time is not less than 7 days. Twelfth the preparatory group is responsible for the following preparations:

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

(two) put forward the rules of procedure of the owners' congress and the draft owners' convention;

(three) to register and confirm the identity of the owners and verify the number of voting rights of the owners at the first meeting of the owners' general assembly;

(four) put forward the draft method for the members of the owners' committee;

(5) Other preparatory work.

The preparatory group shall publish the contents listed in the preceding paragraph in writing in the property management area before the first owners' meeting 15. The announcement time is not less than 7 days.