Chapter II Owners, Owners' Congress and Owners' Committee of Jiangxi Province Property Management Regulations

Article 8 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

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

(five) to elect members of the owners' committee and enjoy the right to be elected;

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

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;

(ten) other rights stipulated by laws and regulations.

The spouse, parents or adult children of the owner who lives in the property management area shall enjoy the owner's rights stipulated in the preceding paragraph with the written authorization of the owner himself.

Ninth owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) to comply with the provisions of the state and the province on housing decoration;

(five) in accordance with the relevant provisions of the state to pay special maintenance funds;

(six) to pay the property service fee on time;

(seven) other obligations stipulated by laws and regulations.

The owner shall not fail to perform his obligations on the grounds of giving up his rights.

Article 10 The owners' assembly shall be established according to the division of property management areas, and the owners' assembly shall be established in one property management area.

The neighborhood offices and Township People's governments where the property is located shall, jointly with the real estate departments of the people's governments of cities and counties (districts), guide the establishment of owners' meetings and elect owners' committees within the property management area under their jurisdiction.

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.

Eleventh property management area is determined according to the red line map determined by the property construction land planning permit, combined with the factors such as property facilities, building scale and community construction. The use of property supporting facilities and equipment shall be designated as a property management area; However, facilities and equipment can be used independently and divided into different property management areas.

The newly-built housing construction unit shall, before handling the pre-sale permit or the current sale for the record, divide the property management areas in accordance with the provisions of the preceding paragraph, apply to the real estate administrative department of the people's government of the city or county (District) where the property is located for division and registration, clearly register the property management areas in the commercial housing sales contract, and inform the neighborhood offices and Township People's governments where the property is located.

In the area where property management has been implemented, the property service enterprise shall apply to the real estate administrative department of the people's government of the city or county (District) where the property is located for registration.

Article 12 In a property management area, if the total area of buildings that have been sold and delivered for use reaches more than 50%, the construction unit shall submit a written report on convening the first owners' meeting to the neighborhood offices and township people's governments where the property is located within 30 days, and provide the following information:

(a) the property management area registration certificate;

(2) The general plan of building planning;

(3) List of property construction area;

(4) List of owners;

(five) the certificate of delivery of facilities and equipment;

(six) the property management room configuration certificate.

If the construction unit fails to report in writing in time and the owners' meeting has not been established in the original residential area, more than ten owners may jointly submit a written request for convening the first owners' meeting to the neighborhood offices and township people's governments where the property is located.

Article 13 Sub-district offices and township people's governments shall, within 60 days from the date of receiving the written report of the construction unit or the written request of the owners, set up a preparatory group for the owners' meeting in conjunction with the real estate department of the people's government of the city or county (district) where the property is located (hereinafter referred to as the preparatory group). The preparatory group shall, within seven days from the date of its establishment, announce the list of members in the property management area.

The preparatory group consists of representatives of the owners, construction units, sub-district offices, township people's governments, real estate departments, community residents' committees and villagers' committees where the property is located. The number of preparatory groups shall be odd, and the proportion of owners' representatives shall not be less than half of the total number of preparatory groups. The leader of the preparatory group is the representative of the neighborhood office and the Township People's Government where the property is located.

The owners' representatives in the preparatory group are recommended by sub-district offices, township people's governments or community residents' committees and villagers' committees.

Article 14 The preparatory group shall perform the following duties:

(a) to confirm and publish the identity of the owners, the number of owners and the area of the exclusive part owned by them;

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

(three) to draft the management statute and the rules of procedure of the owners' meeting;

(four) to determine the voting rules for the first meeting of the owners' congress;

(five) to formulate the methods for the selection of candidates for members of the owners' committee and put forward the list of candidates for members of the owners' committee;

(six) to formulate measures for the election of the owners' committee;

(seven) to complete other preparations for the first meeting of the owners' congress.

The contents of the preceding paragraph shall be published in the property management area fifteen days before the first owners' meeting. If the owner disagrees with the contents of the announcement, the preparatory group shall put it on record and make a reply.

The preparatory group shall organize the first meeting of the owners' congress within 90 days from the date of its establishment.

The time limit for the preparatory group to perform its duties shall be terminated from the date when the owners' committee is elected by the first owners' meeting.

Fifteenth owners' congress shall perform the following duties:

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

(two) to elect the owners' committee or replace the members of the owners' committee;

(three) to supervise the work of the owners' committee, listen to the work report of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;

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

(five) to formulate the contents and standards of property services and the charging scheme for property services;

(six) to raise and use special maintenance funds for * * * parts and * * * facilities and equipment;

(seven) to decide to rebuild and rebuild buildings and their ancillary facilities according to law;

(8) Deciding to change some uses of * * according to law;

(nine) decided to use the * * part for the distribution and use of business and income;

(10) Matters that shall be decided by the owner according to laws, regulations or management regulations.

Article 16 The owners' meeting may be held in the form of collective discussion or soliciting opinions in writing. The owners' meeting shall be attended by owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners in the property management area.

If the meeting of the owners' congress adopts the form of written comments, it shall send the comments to every owner; If it cannot be delivered, it shall be announced in the property management area.

The decision of the owners' congress on the matters specified in items 5 to 8 of Article 15 of this Ordinance shall be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people; Decisions on other matters stipulated in Article 15 of these regulations shall be approved by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Seventeenth property management area with a large number of owners, buildings, units, floors as a unit, elected owners' representatives to participate in the owners' meeting. Before attending the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in advance and truthfully reflect them at the meeting of the owners' congress.

Eighteenth meetings of the owners' congress are divided into regular meetings and temporary meetings. Regular meetings shall be held at least once a year, and the specific arrangements shall be determined by the rules of procedure of the owners' congress.

In any of the following circumstances, the owners' committee shall organize an interim meeting of the owners' congress:

(a) more than twenty percent of the owners proposed;

(two) a major accident or emergency needs to be dealt with in time;

(three) other circumstances stipulated in the rules of procedure of the owners' congress or the management statute.

Nineteenth owners' committee is responsible for the implementation of matters decided by the owners' congress, and performs the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) to supervise the use of special maintenance funds;

(five) to urge the owners to pay the property service fee on time;

(six) the implementation of the supervision and management system;

(seven) to mediate disputes between owners due to the use, maintenance and management of property;

(eight) to discourage owners or property users from illegally decorating houses;

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

Twentieth members of the owners' committee are composed of five to eleven people in an odd number. The term of office of the members of the owners' committee shall be determined by the rules of procedure of the owners' congress.

The owners' committee shall hold its first meeting within seven days from the date of election, and elect a director and deputy director among the members of the owners' committee.

When electing members of the owners' committee, alternate members shall be provided according to 40% of the members. When the members of the owners' committee are vacant, they shall be replaced by alternate members. If all alternate members are still vacant after being replaced by members, a by-election meeting of the owners' general assembly shall be held.

Twenty-first members of the owners' committee shall be the owners in the property management area and meet the following conditions:

(1) Having full capacity for civil conduct;

(2) Abide by relevant laws and regulations;

(three) abide by the rules of procedure and management regulations of the owners' congress, and fulfill the obligations of the owners;

(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, honesty and self-discipline;

(5) Have certain organizational ability and cultural level.

Twenty-second owners' committee shall, within thirty days from the date of election, submit the following materials to the city and county (District) real estate departments, neighborhood offices and township people's governments where the property is located:

(a) the establishment of the owners' meeting, the election of the owners' committee;

(two) the rules of procedure of the owners' congress;

(3) Management regulations;

(four) other major matters decided by the owners' congress.

During the term of office of the owners' committee, if the record content changes, the owners' committee shall report to the original record-keeping unit in writing within thirty days from the date of change.

Twenty-third owners' committee shall convene a meeting in accordance with the decisions and rules of procedure of the owners' congress.

The meeting of the owners' committee shall be convened by the director. If the director is unable to perform his duties for some reason, he may entrust the deputy director to convene a meeting.

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

Twenty-fourth owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the people's government of the city or county (District) where the property is located or the subdistrict office or the Township People's government shall order it to correct or cancel its decision within a time limit and notify all the owners.

Twenty-fifth there are more than two houses in the same property management area, and the owners' group can be established in units of buildings and units. The owners' group consists of all owners of buildings and units.

The owners' group shall perform the following duties:

(a) the election of owners' representatives to participate in the owners' meeting, reflecting the opinions of the owners of this group;

(two) put forward and discuss the maintenance, renewal, transformation and maintenance scheme of * * * parts and * * * facilities and equipment within the scope of this group;

(3) Discuss other property management matters involving the Group.

The discussion of the owners' group shall be presided over by the owners' representative produced by the owners' group. The procedures for the owners' group to exercise the duties specified in the preceding paragraph shall be implemented with reference to the rules of procedure of the owners' congress in this property management area.

Twenty-sixth owners' committee shall establish a regular reception system, timely understand the opinions and suggestions of owners and property users on property management and the daily work of the owners' committee, and accept the consultation, complaint and supervision of owners and property users.

The owners' committee shall establish a work record system, record the meetings of the owners' congress, the meetings of the owners' committee, the negotiation and signing of property service contracts and all important matters in property management, and keep them properly.

The owners' committee shall establish an information disclosure system, and timely announce the decisions made by the owners' congress and the owners' committee, the selection and employment of property service enterprises, the property service contracts and other major issues in property management in accordance with the provisions; Regularly publish the revenue and expenditure of special maintenance funds and public income; Accept the owner's inquiry about property management information.

Twenty-seventh before the expiration of the term of office of the owners' committee, it shall begin to prepare for the convening of the owners' meeting for the general election. Before the expiration of the term of office of the owners' committee, a meeting of the owners' assembly shall be organized to elect a new owners' committee. If the general election is not held within the time limit without justifiable reasons, the neighborhood offices and township people's governments where the property is located shall coordinate and urge them to complete the general election as soon as possible or organize the owners to convene a meeting of the owners' general assembly for the general election.

After the new owners' committee is formed, the original owners' committee shall, within ten days, hand over the relevant financial vouchers, files and other documents, seals and other property belonging to the owners to the new owners' committee, and do other handover work well.

Article 28 If a member of the owners' committee is under any of the following circumstances, it shall be proposed by more than one third of the members of the owners' committee or more than 20% of the owners, and the owners' assembly or the owners' committee shall decide whether to terminate his membership according to the authorization of the owners' assembly:

(a) to submit a request for resignation to the owners' meeting in writing;

(2) Failing to perform the duties as a member;

(three) the use of membership for personal gain;

(four) illegal construction of buildings and structures, refusing to pay property service fees and other acts in violation of management regulations and infringement of the legitimate rights and interests of other owners;

(five) for other reasons, it is not suitable to continue to serve as a member of the owners' committee.

Twenty-ninth owners' congress, the owners' committee activities and members' remuneration, extracted from the income of the owners or borne by all owners. The specific measures and standards shall be decided by the owners' meeting, and reported to the municipal and county (district) real estate departments, street offices and township people's governments where the property is located for the record.