Interpretation of Property Management Regulations

Revision: According to the relevant provisions of the Property Law, the "property management enterprise" is revised to "property service enterprise".

[Comment]: The change of title means that the new "Property Management Regulations" put more emphasis on the owner's self-management and property services.

The number of guidance departments set up by industry committees has increased.

Revision: Add "street offices and township people's governments" as the guiding departments for the establishment of owners' meetings and the election of owners' committees.

[Comment]: This revision increases the functions of sub-district offices and township people's governments, highlights grass-roots management, and provides more direct guidance for owners and property management companies, which is more practical. Zhengzhou property management regulations (draft) also have this feature.

The decision of the industry Committee can be revoked by prosecution.

Amendment: The decision of the owners' assembly or owners' committee is binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

[Comment]: In the past, once a specific decision was passed by the industry committee or the owners' meeting, the owners had no right to change it. The decision made by the industry Committee is unreasonable. What should the owners do? The revised provisions give the owner of the infringed rights the right to obtain judicial relief. Owners can sue the decision of the industry Committee in their own names, and they have the right to apply for cancellation as long as there are unreasonable places. This is more conducive to protecting individual rights and interests.

Strict conditions for the use of special maintenance funds

Amendment: Make it clear that the voting right of the property law at the owners' meeting is "area" plus "number of people".

[Comment]: After revision, when the owners' meeting makes the decisions of "raising and using special maintenance funds" and "rebuilding and rebuilding buildings and their ancillary facilities", it should be approved by the owners whose exclusive parts account for more than 2/3 of the total construction area and more than 2/3 of the total number of people, and the regulations are stricter.