Regulations of Shaanxi Province on Property Management of Urban Residential Areas (revised in 2004)

Chapter I General Provisions Article 1 In order to standardize the property management of urban residential areas, safeguard the legitimate rights and interests of owners, users and property service enterprises, and create a good living environment, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province. Article 2 These Regulations shall apply to the property management of urban residential areas within the administrative area of this province. Article 3 The term "residential area" as mentioned in these Regulations refers to a residential area equipped with corresponding municipal, public and living service facilities.

The term "property" as mentioned in these Regulations refers to residential areas and their affiliated parts, facilities, equipment and venues.

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

The term "user" as mentioned in these Regulations refers to the lessee of the house and other actual users. Fourth property management to implement the principle of owner autonomy.

Entrusted by the owner, the realty service enterprise provides realty management services in accordance with the provisions of these regulations and the stipulations of the realty management entrustment contract. Article 5 Urban people's governments and units selling public housing should promote the reform of the housing system, manage residential areas that do not meet the conditions of property management, improve municipal, public and living service facilities, and meet the conditions for implementing property management. Sixth provincial construction administrative departments responsible for the supervision and management of the province's property management. City (region), county (city) construction or real estate administrative department is the administrative department in charge of property management within their respective administrative areas, responsible for the supervision and management of property management. Other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate in the supervision and management of property management. Chap II owners, organization and management of owner article 7 owners shall enjoy that rights of property management and perform corresponding obligation in accordance with the provisions of these regulations.

Rights of the owner:

(a) to participate in the owners' meeting and exercise the right to decide on property management;

(two) the right to vote and be elected as a member of the owners' committee;

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

(four) enjoy the service consistent with the payment of property management service fees;

(five) to supervise the management and service activities of property service enterprises;

(six) other rights stipulated by laws and regulations.

Owner's obligations:

(a) to implement the decisions of the owners' congress and the owners' committee;

(two) abide by the owners' convention and the rules of procedure of the owners' congress;

(3) Abide by the property management system;

(four) to pay property management service fees and maintenance funds;

(5) Other obligations stipulated by laws and regulations. Eighth all the owners in the residential area form the owners' meeting. The voting right of the owners at the first meeting of the owners' congress is determined according to the building area of the property owned by the owners, the number of residential units and other factors. The specific measures shall be formulated by the provincial construction administrative department.

Residential areas shall be designated by the local county-level property management administrative department in conjunction with relevant departments. Ninth owners' meeting should be attended by owners who hold more than half of the voting rights in residential areas. The meeting of the owners' congress may take the form of collective discussion or written comments. The decision made by the owners' meeting shall be adopted by more than half of the voting rights held by the owners present at the meeting.

The owners' meeting shall be held at least once a year. More than 1/5 of the owners propose to convene the owners' meeting.

Owners may entrust others to attend the owners' meeting in writing. Article 10 The owners' congress shall exercise the following functions and powers:

(1) Electing or replacing members of the owners' committee;

(two) to formulate the owners' convention and the rules of procedure of the owners' congress;

(three) to consider the work report of the owners' committee;

(four) to decide on the conclusion, alteration or dissolution of the entrusted contract for property management;

(five) to decide on the renewal, use and management of the maintenance fund;

(six) to decide on other major matters of property management.

The matters listed in items (1), (2), (4) and (5) of the preceding paragraph shall be adopted by more than two thirds of the voting rights held by all owners. The decision of the owners' congress shall be published. Article 11 The owners' committee is an autonomous organization representing all owners and safeguarding their legitimate rights and interests. The owners' committee is elected by the owners' congress, and the owners' committee is responsible to the owners' congress. Twelfth residential property comprehensive acceptance, and with the consent of more than 50% of the owners, the owners' meeting shall be held and the owners' committee shall be elected.

The administrative department of property management where the residential area is located shall organize and guide the owners to hold the first owners' meeting. Article 13 The composition and term of office of the owners' committee shall be determined by the rules of procedure of the owners' congress.

Members of the owners' committee are owners who are enthusiastic about public welfare, fair and law-abiding, and have certain organizational ability. Fourteenth owners' committee within thirty days from the date of election, to the local property management administrative departments at or above the county level for the record. Fifteenth owners' committee shall perform the following duties:

(a) to convene and preside over the owners' meeting;

(two) to formulate the owners' convention and the rules of procedure of the owners' congress;

(three) to implement the decisions of the owners' congress;

(four) the use of tender or other means to hire property services companies, on behalf of the owners to conclude, change or terminate the property management contract;

(five) responsible for raising the maintenance fund for the parts and facilities of the property, and supervising the use and management of the maintenance fund;

(six) to supervise the compliance and implementation of the owners' convention and the property management system;

(seven) to mediate disputes over the use of property;

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

The owners' committee shall not engage in business activities.

The funds for the activities of the owners' committee shall be approved by the owners' congress and shared by all owners.

The civil liability caused by the owners' committee's implementation of the decisions of the owners' congress shall be borne by all owners.