Interim Measures of Nanjing Municipality on Property Management

Chapter I General Provisions Article 1 In order to meet the needs of the socialist market economy, deepen the reform of the housing system, gradually realize the new mechanism of specialization of housing management, socialization of services and marketization of operation, improve the level of urban property management, and provide a clean, civilized, safe and convenient use environment for housing users, these measures are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of this Municipality. Article 2 The term "property" as mentioned in these Measures refers to all kinds of houses that have been built and put into use and their supporting public facilities and related venues.

The term "property management" as mentioned in these Measures refers to the property management company entrusted by the property owners and users to manage and maintain the property with paid services and provide other services for the property owners and users. Article 3 These Measures shall apply to all kinds of property rights within the state-owned land in the urban areas of this Municipality.

New high-rise buildings and residential quarters should implement property management measures before delivery. High-rise buildings, residential areas and multi-storey houses with different properties that have been built and used should gradually implement property management. Fourth city and district real estate management bureau is the administrative department in charge of property management within their respective administrative areas.

Construction, land, planning, municipal utilities, city appearance, gardens, public security and other departments at all levels shall cooperate with the property management administrative departments to do a good job in property management within their respective responsibilities. Chapter II Management System Article 5 Property management adopts a management system combining administrative management, autonomous management and operation management. Article 6 Nanjing Real Estate Management Bureau is responsible for the property management of this Municipality, and its main responsibilities are:

(a) to implement the laws, regulations and policies of the state on property management and formulate specific measures for property management;

(two) responsible for the qualification examination of property management enterprises;

(three) responsible for the management of public parts, public equipment and facilities maintenance costs and property management costs;

(four) to investigate and deal with illegal acts in property management;

(five) responsible for the business guidance, supervision and inspection of the city's property management industry. Seventh high-rise buildings and residential areas that implement property management shall establish a property management committee (hereinafter referred to as the CMC). CMC is a mass autonomous organization that represents the legitimate rights and interests of property owners and users under the guidance of the property management administrative department. The CMC is composed of representatives elected by the owners and users. The management committee consists of five to eleven members. The CMC has a director and an executive secretary. The daily affairs of the CMC may be authorized by the Executive Secretary.

According to the principle of combining voluntary and democratic elections, the members of the CMC are elected by the meeting of owners and users. Members of the CMC are elected for a term of two to three years and may be re-elected. The votes of the members of the Election Management Committee are distributed according to the ownership area of the house, of which one vote is for each household of residential houses; Non-residential houses have one vote per 100 square meter, and property owners with an area less than 100 square meter have one vote. Article 8 The rights of the CMC:

(a) to formulate the articles of association of the management committee and safeguard the legitimate rights and interests of owners and property users;

(2) Deciding to select, renew and dismiss the property management company;

(three) to review the annual management plan and major property management measures formulated by the property management company;

(four) to coordinate the contradiction between property owners, users and property management enterprises;

(five) to inspect and supervise the management of the property management company and the performance of the property management contract.

Obligations of the Cluster Munition Coalition:

(a) accept the supervision of the owners and property users;

(two) accept the guidance and supervision of the administrative department of property management, the relevant departments and the street offices (towns) where the property is located;

(three) to assist the property management company to implement various management measures. Article 9 A property management company is an economic entity that operates independently, is responsible for its own profits and losses, and has independent legal personality. Property management companies can enjoy the preferential policies of the national tertiary industry. Article 10 The establishment of a property management company shall be approved by the property management administrative department, and only after obtaining the property management qualification certificate can it engage in property management.

If a foreign property management company needs to engage in property management activities in this city, it shall apply for the qualification certificate of property management in this city before engaging in property management. Eleventh the establishment of a property management company must meet the following qualifications:

(a) with the management of 1 above houses or high-rise buildings with a construction area of more than 20000 square meters;

(2) Its registered capital is not less than 654.38 million yuan;

(3) Having a fixed office and business premises;

(four) all kinds of real estate professional management personnel are not less than 20% of the registered personnel of the company. Article 12 Rights of a property management company:

(a) to formulate management measures and systems within the scope of property management according to law;

(two) in accordance with the relevant provisions and property management contracts to collect management services;

(three) to stop the owners and property users in violation of property management regulations;

(four) responsible for hiring various professional companies to undertake special services;

(five) to carry out diversified operations and provide paid services.

Obligations of the property management company:

(a) operating in accordance with the law and implementing property management in strict accordance with the provisions of the property management contract;

(two) to safeguard the legitimate rights and interests of property owners and users from infringement;

(three) the implementation of major measures of property management, should be submitted to the CMC for consideration in advance;

(four) accept the supervision of the CMC and the property owners and users;

(five) accept the guidance and supervision of the administrative department of property management, the relevant departments and the street offices (towns) where the property is located.