Regulations of Hainan Special Economic Zone on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners, property users and property service enterprises, and improve the living and working environment, these Regulations are formulated in accordance with the People's Republic of China (PRC) Property Law, the the State Council Property Management Regulations and other laws and regulations, and in combination with the actual situation of this special economic zone. Article 2 These Regulations shall apply to the management of residential and non-residential properties and related supervision and management activities in this Special Economic Zone. Property management in other areas outside the special economic zone of this province shall be implemented with reference to these regulations. Article 3 The term "property management" as mentioned in these Regulations refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise carry out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and related order in the property management area. Article 4 The administrative department of housing and urban and rural construction of the provincial people's government shall manage, supervise and guide the property management activities of this special economic zone.

The people's governments of cities, counties and autonomous counties shall establish a joint meeting system of property management to coordinate and handle major issues of property management.

The property management departments of the people's governments of cities, counties and autonomous counties shall manage, supervise and guide the property management activities within their respective administrative areas.

Planning, urban management, sanitation, price, finance, public security and other relevant departments shall, according to their respective responsibilities, do a good job in property management.

Neighborhood offices and Township People's governments shall assist the competent department of property management in the management, supervision and guidance of property management activities, and mediate property management service disputes.

Neighborhood (village) committees shall assist neighborhood offices and township people's governments in property management. Article 5 Property management industry associations shall strengthen industry self-discipline management according to law, standardize industry behaviors, maintain market order and fair competition, be responsible for formulating property service standards and supervising their implementation, urge property service enterprises to operate and serve in good faith, and promote the healthy development of the industry. Chapter II Owners, Owners' Congress and Owners' Committee Article 6 A person who has registered according to law or obtained the exclusive ownership of a building in accordance with the relevant provisions of the Property Law shall be deemed as an owner.

Based on civil legal acts such as the sale of houses, a person who legally occupies the exclusive part of a building but fails to register the ownership according to law can be identified as the owner.

Owners' rights and obligations in property management activities shall be implemented in accordance with laws and regulations, management regulations and property service contracts, but they shall not fail to perform their obligations on the grounds of giving up their rights. Seventh city, county, autonomous county people's government property management departments should comprehensively consider the property facilities, building scale, community construction and other factors, the specific delineation of the scope of property management areas. Article 8 A property management area shall establish a general meeting of owners. The owners' meeting is composed of all owners in the property management area.

If there is only one owner, or the number of owners is small and agreed by all owners, the owners shall perform the duties of the owners' meeting and the owners' committee. Article 9 The following matters shall be decided by the owner:

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

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

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

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

(five) to raise and use special maintenance funds;

(six) renovation and reconstruction of the property * * * housing, * * * housing facilities and equipment;

(7) Change some uses of * * * *;

(eight) the use of * * * part of the business and the distribution and use of income;

(nine) the raising, management and use of the working funds of the owners' congress and the owners' committee;

(ten) to apply for the merger or division of the property management area;

(1 1) Matters determined by laws, regulations or management regulations that should be decided by the owner.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of 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; To decide the matters specified in Item (10) of the preceding paragraph, the consent of more than 2/3 owners in the relevant property management area shall be obtained respectively; Decisions on other matters specified in the preceding paragraph shall be subject to the consent of 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.

To decide on the matters specified in items 6, 7 and 10 of the first paragraph, the relevant procedures shall be handled according to law. Article 10 The owners' meeting may be held in the form of collective discussion or in the form of soliciting opinions in writing; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

Send the opinions to every owner in the form of written opinions; If it cannot be delivered, it shall be announced in the property management area. If a vote is required, the voting opinion shall be signed by the owner himself.

The collection, statistical methods and filing period of the written opinions of the owners shall be decided by the owners' meeting.

The matters specified in Items 1, 2, 6, 7 and 10 of Paragraph 1 of Article 9 of this Ordinance shall not be solicited in writing.