Regulations of Chongqing Municipality on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners, users and property management enterprises, ensure the rational use of property, and create a good living and working environment, these Regulations are formulated in accordance with the relevant provisions of the state and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to property management and related activities within the administrative area of this Municipality. Article 3 Property management activities shall follow the principles of autonomy and self-discipline of owners, consistency of rights and obligations of owners and maintenance of public order.

Property management activities should develop in the direction of marketization, specialization and standardization. Article 4 The municipal real estate administrative department is the competent department of property management in this Municipality, and is responsible for the unified supervision and management of property management activities in this Municipality.

The administrative department of real estate of counties (autonomous counties and cities) is the competent department of property management where the property is located, and supervises and manages the property management activities within its jurisdiction.

Other relevant administrative departments shall, within the scope of their respective duties, coordinate the implementation of these regulations. Fifth residents' committees and villagers' committees shall manage and provide services to the community according to law, guide and supervise the property management activities of the community, and mediate property management disputes.

Sub-district offices and Township People's governments shall assist relevant administrative departments to supervise property management and coordinate the relationship between property management and community management and community service.

The owners' congress and the owners' committee shall consciously accept the guidance and supervision of the relevant township people's governments, sub-district offices, residents' committees and villagers' committees. Chapter II Owners and Owners' Autonomous Organizations Article 6 Owners shall enjoy the following rights:

(a) to exercise the ownership of its exclusive part according to law;

(two) the right to manage, use and benefit in proportion to the * * * part of the building and its ancillary facilities;

(three) to participate in the owners' meeting to exercise the right to vote;

(four) the right to elect and be elected members, directors and deputy directors of the owners' committee;

(five) the right to know and supervise the handling of property management affairs and the income and expenditure and use of property maintenance funds;

(six) to supervise the owners' committee and property management enterprises to implement property management behavior;

(seven) to put forward suggestions or questions to the owners' committee or the property management enterprise;

(eight) request to stop the infringement of the interests of * * * *;

(nine) other rights stipulated by laws and regulations. Article 7 The owner shall perform the following obligations:

(a) abide by the laws and regulations of property management;

(two) abide by the provisions of the owners' convention and the decisions of the owners' congress;

(3) Abide by the property management system;

(four) to cooperate with the proper management service activities of the property management enterprise;

(five) timely payment of property service fees and maintenance funds;

(six) other obligations stipulated by laws and regulations. Article 8 The right of the owner to vote on the same matter belongs to the residential property, and each household has one vote. For non-residential property, one vote is calculated according to the construction area owned by the owner per 100 square meter; If a single household is less than 100 square meter, it shall be counted as one vote, unless otherwise agreed in the owners' convention. Ninth users have the right to supervise the property management behavior of property management enterprises, put forward opinions and suggestions to the owners' committee or property management enterprises, and have the right to complain and report violations of their legitimate rights and interests. Tenth users should use the property in accordance with the established purpose, consciously abide by the provisions of the owners' convention and the decisions of the owners' meeting, and shall not harm the interests of the public and others. Eleventh owners' congress is an autonomous organization that represents and safeguards the legitimate rights and interests of all owners in the property management activities within the management area.

The owners' meeting is composed of all owners in the property management area. If there are a large number of owners, representatives can be elected to form the owners' meeting according to a certain proportion. The owners' congress shall exercise the powers of the owners' congress. Twelfth a property management area shall set up a general meeting of owners, and the owners' committee shall be elected by the general meeting of owners.

Where the construction area of the sold property has reached more than 50% or the property has been sold for two years since the first time, the construction unit or the selling unit shall, under the guidance of the real estate administrative department of the county (autonomous county, city) where the property is located, organize the owners to hold the first owners' meeting within three months and elect the owners' committee.

More than one-tenth of the owners may jointly apply to the real estate administrative departments of counties (autonomous counties and cities) or township people's governments and sub-district offices where the property is located to hold the first owners' meeting and elect the owners' committee. The organ that accepts the application shall organize a meeting within 30 days. Thirteenth owners' congress shall exercise the following functions and powers:

(a) to consider, adopt and amend the owners' convention and the articles of association of the owners' committee;

(two) to elect and recall members, directors and deputy directors of the owners' committee;

(3) to agree on the office space and necessary funds of the owners' committee;

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

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

(six) regularly listen to the owners' committee and property management companies on the handling of property management affairs and the use of property maintenance funds;

(seven) decided to change the exclusive part of the property, part of the * * * part, all of the * * * part of the use;

(eight) to decide that the property management enterprise shall conduct business activities other than property management within the property management area;

(nine) to decide on the renewal of property and the use of major and medium repair fees;

(ten) to decide on the management, use and distribution of part of the proceeds;

(eleven) to decide other matters related to the major interests of all owners.