Regulations of Chongqing Municipality on Property Management (2009)

Chapter I General Provisions Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners, users and property service enterprises, 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 and other laws and administrative regulations, in combination with the actual situation of this Municipality. Article 2 These Regulations shall apply to property management and related supervision and management activities within the administrative area of this Municipality.

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area. Third city real estate administrative departments responsible for the supervision and management of the city's property management activities.

County (Autonomous County) real estate administrative departments responsible for the supervision and management of property management activities within their respective administrative areas.

City and county (Autonomous County) price, planning, land, construction, municipal, public security, industry and commerce, civil affairs and other relevant administrative departments shall be responsible for the supervision and management of property management activities within their respective administrative areas and the administrative work within the property management area. Article 4 Sub-district offices (Township People's Governments) shall be responsible for guiding the establishment of owners' congresses and the election of owners' committees within their respective jurisdictions, supervising the owners' congresses and owners' committees to perform their duties according to law, mediating property management disputes and coordinating the relationship between property management and community construction.

Neighborhood (village) committees assist neighborhood offices (township people's governments) to do a good job in property management. Fifth to encourage property service enterprises to join the property service industry association, exchange property management experience. As a self-regulatory organization of the property service industry, the property service industry association should formulate a code of conduct for the industry, mediate disputes between property service enterprises, and promote the healthy development of property management.

The real estate administrative department shall strengthen the guidance and supervision of the property service industry associations. Article 6 The joint meeting system of property management shall be implemented.

The joint meeting of property management is organized and convened by the sub-district offices (township people's governments), and consists of the real estate administrative departments of counties (autonomous counties), neighborhood (village) committees, police stations, property service enterprises, owners' committees or owners' representatives.

The joint meeting of property management mainly coordinates and solves the following matters:

(a) the owners' committee fails to perform its duties according to law;

(two) the problems in the process of the change of the owners' committee;

(three) major issues in the performance of the property service contract;

(four) the problem of premature termination of the property service contract;

(five) problems in the process of withdrawal and handover of property service enterprises;

(six) other property management issues that need to be coordinated and solved. Chapter II Property Management Areas Article 7 Property management areas are defined by factors such as facilities, equipment, building scale, community construction, etc. according to the scope of the red line map determined by the construction land planning permit of the property, combined with the existence or * * * situation of the property. Property facilities and equipment are complete and put into use, it should be designated as a property management area; However, facilities and equipment can be used independently and divided into different property management areas. Eighth before the sale of new property, the construction unit shall delimit the property management area in accordance with the provisions of Article 7 of these regulations, and report to the real estate administrative department of the county (autonomous county) where the property is located. If the administrative department of real estate of a county (autonomous county) thinks that the property management area designated by the construction unit does not conform to the provisions of Article 7 of these regulations, it shall notify the construction unit in writing to redefine it within 30 days from the date of receiving the filing application.

When the construction unit sells the property, it shall express the property management area confirmed by the record in the commercial housing sales contract. Article 9 If the property management area is not divided, and the property management needs to be implemented after it has been completed and put into use, the subdistrict office (Township People's Government) shall delimit the property management area with reference to the provisions of Article 7 of this Ordinance, after soliciting the opinions of relevant owners, and report it to the district/county (autonomous county) real estate administrative department for the record. Article 10 If there is any objection to the delineation of the property management area, it shall be determined by the real estate administrative department of the county (autonomous county) where the property is located according to the provisions of Article 7 of these Regulations and the commercial housing sales contract, after consulting the neighborhood offices (township people's governments) where the property is located, relevant owners and neighborhood committees. Chapter III Owners, Owners' Congress and Owners' Committee Article 11 Owners may set up owners' congresses, and the owners' committees shall be elected by the owners' congresses, but only one owners' congress can be set up in the same property management area.

The owners' meeting is composed of all owners in the property management area. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area. The owners' congress shall perform the following duties:

(a) to formulate and amend the rules of procedure and management regulations of the owners' congress;

(two) election, by-election or recall of members of the owners' committee;

(three) to decide on the necessary funds and sources of the owners' committee and the measures for the management of funds;

(four) beyond the authority to cancel or change the decision of the owners' committee;

(five) the selection of property services companies, determine the content of the property services contract;

(six) decided to apply for renovation or reconstruction of buildings and their ancillary facilities;

(seven) other duties stipulated by laws, regulations or the rules of procedure of the owners' congress.