Chapter I General Rules of Property Management Regulations of Fujian Province

The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant administrative departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in supervision and management related to property management according to law.

Township (town) people's governments and urban neighborhood offices are responsible for coordinating the relationship between property management and community construction, and assisting relevant administrative departments in supervising property management activities. The residents' committee (community neighborhood committee) shall guide, coordinate and supervise the owners' assembly and the owners' committee in accordance with the relevant provisions. All owners in the property management area form the owners' meeting.

A property management area establishes an owners' meeting.

In a property management area, the construction area of the property sold and delivered for use reaches more than 50%, or the first property has been sold and delivered for use for two years, the first owners' meeting shall be held and the owners' meeting shall be established. 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. The division of property management areas shall be determined according to the approved land use scope, community layout, property facilities and equipment, construction scale and other factors.

An area built by stages or developed and built by two or more construction units shall be divided into a property management area, and supporting facilities and equipment shall be used. However, if this area has naturally formed a number of relatively independent and closed communities, it can be divided into different property management areas.

Different property management areas that have implemented property management can be merged into one property management area with the consent of their respective owners' meetings. When applying for a construction project planning permit, the construction unit puts forward the requirement of dividing the property management area to the real estate administrative department of the county (city, district) people's government, and the real estate administrative department of the county (city, district) people's government divides the property management area according to the provisions of Article 7 of these regulations. However, for areas that have naturally formed and are uncontroversial, local residents' committees (community neighborhood committees) will not re-divide them after submitting written suggestions to the real estate administrative department of the county (city, district) people's government and confirming that there is no objection.

Need to adjust the property management area, the county (city, district) people's government real estate administrative departments in conjunction with the urban neighborhood offices or township (town) people's government, in accordance with the provisions of Article 7 of this Ordinance, combined with the layout of local residents' committees (community residents' committees) to divide the property management area. If the property management area meets the conditions stipulated in the third paragraph of Article 6 of this Ordinance, the construction unit shall submit a written report on the establishment of the owners' meeting to the real estate administrative department of the county (city, district) people's government within 30 days, and provide the owners' inventory, property construction area, property sale and delivery time and other documents; If the construction unit fails to submit a written report or the construction unit no longer exists, the owners may make a written request to the real estate administrative department of the county (city, district) people's government for the establishment of the owners' meeting.

The real estate administrative department of the county (city, district) people's government shall, within 30 days from the date of receiving the written report of the construction unit or the written request of the owners, organize the establishment of the preparatory group for the owners' meeting in conjunction with the township (town) people's government or the city street office (hereinafter referred to as the preparatory group) and determine the convener of the preparatory group.

The preparatory group consists of five to eleven representatives from the owners and residents' committees (community neighborhood committees), and the construction unit may also be invited to participate. Representatives of the owners shall be recommended by the owners, and their proportion shall not be less than two thirds of the total number of the preparatory group. The preparatory group shall, within seven days from the date of its establishment, announce the list of its members within the property management area. The preparatory group should make the following preparations:

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

(two) to draft the rules of procedure of the owners' congress, the owners' convention and the articles of association of the owners' committee;

(three) the method to determine the number of voting rights at the first owners' meeting;

(four) to confirm the identity of the owners at the first meeting of the owners' congress and check the number of voting rights of the owners;

(five) to determine the conditions and methods for the formation of candidates for members of the owners' committee;

(six) to organize the production of candidates for the first session of the owners' committee;

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

Items (1) to (6) specified in the preceding paragraph shall be publicized in the property management area in written form fifteen days before the first owners' meeting. If the owners have any objection to the number of voting rights, the preparatory group shall conduct a review. The preparatory group shall hold the first meeting of the owners' congress within 30 days from the date of its formation, and elect the owners' committee. The owners' committee consists of five to thirteen members.

The owners' committee shall hold its first meeting within three days from the date of election, elect one director and several deputy directors among the members of the owners' committee, and make an announcement in the property management area.

The term of office of the owners' committee is three years.

The owners' congress may elect three to five owners' supervision committees from among the owners, and supervise the owners' committees according to the authorization of the owners' congress and the provisions of the owners' convention. The number of owners' voting rights at the first owners' meeting can be determined in the following ways:

(a) combined with the construction area to determine the number of residential units;

(two) to determine the number of votes for a set of residential units;

(three) according to the construction area of one square meter to determine the number of voting rights.

If the number of voting rights is determined by the number of residential units combined with the construction area, it shall be calculated according to the following standards:

(1) A residential property has 20 voting rights. If the construction area is less than 120 square meters, each additional 10 square meters will increase the voting rights, and the part less than 1 0 square meters will not be counted, but

(2) Twenty voting rights per 100 square meter of non-residential property construction area; If the construction area is less than 100 square meter, it shall be counted as 100 square meter; If it exceeds 100 square meter, one voting right will be added for every 10 square meter; Less than 10 square meter is not counted.

The construction area of the house is determined on the basis of the house ownership certificate or other legal and valid documents that can prove its ownership. The meeting of the owners' congress may take the form of collective discussion or written comments. The meeting of the owners' congress shall be attended by the owners who hold more than half of the voting rights in the property management area. In the form of collective discussion, a number of owners' representatives can be elected to attend the owners' meeting by means of buildings, units and floors. Or the owner may decide to elect the owner's representative to attend the meeting of the owners' congress in other ways. The meeting of the owners' congress shall be held in the form of owners' representatives, and the owners' representatives attending the meeting shall be able to represent the owners who hold more than half of the voting rights in the property management area.

The owner may entrust an agent to attend the meeting of the owners' congress, and the agent shall hold a written power of attorney from the owner and vote according to the entrusted content. If several people * * * own a property, * * * someone can elect one of them to attend the owners' meeting. Meetings of owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress. The owners' committee shall inform the owners and local residents' committees (community residents' committees) of the time, place, topics and agenda of the owners' meeting fifteen days before the meeting.

In any of the following circumstances, the owners' committee shall promptly 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 owners' convention. The owners' convention adopted at the meeting of the owners' congress is a * * * agreement reached between owners on matters such as the rational use, maintenance and management of the property and the handling of adjacent relations, which is binding on all owners and includes the following main contents:

(a) * * have or * * use the property use and maintenance requirements;

(two) the apportionment of all kinds of public expenses in the property management area;

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

(four) the code of conduct that all owners and property users should abide by;

(five) the way to deal with property management disputes;

(six) the responsibility for violating the owners' convention. The owners' committee elected by the owners' meeting according to law is the executive body of the owners' meeting, which protects the legitimate rights and interests of owners and promotes community harmony according to law.

The owners' committee shall perform 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 property management companies selected by the owners' congress to sign a property service contract;

(three) to coordinate the relationship between owners, owners and property management companies;

(four) to urge the owners to fulfill the owners' convention, pay the property service fee and special maintenance funds, and supervise and assist the property management enterprises to fulfill the property service contract;

(five) according to the authorization of the owners' congress, the property management disputes involving all owners shall be litigated according to law;

(six) according to the authorization of the owners' meeting, open a special maintenance fund account in financial institutions, and use and manage it in accordance with laws, regulations and relevant state regulations;

(seven) to review the reports of the owners and property management companies on the maintenance, renewal and transformation of the parts and facilities used by the property;

(eight) for the real estate owner, go through the registration formalities;

(nine) regularly publish the financial revenue and expenditure;

(ten) other duties entrusted by the owners' congress. After the establishment of the owners' committee, the construction unit shall provide the following information to the owners' committee:

(a) the completion of the general plan;

(2) as-built drawings of single buildings, structures and equipment;

(three) supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(4) A list of the property jointly owned by all the owners;

(five) other information required for property management. Members of the owners' committee and their close relatives may not work part-time in the property management enterprises in this region. The measures for raising, managing and using the working funds of the owners' congress and the owners' committee shall be decided by the owners' congress, but the property management enterprises shall not be required to provide working funds.

The use of the working funds of the owners' congress and the owners' committee shall be regularly announced in a prominent position in the property management area and subject to the supervision of the owners. The owners' committee shall, within thirty days from the date of election, submit the following documents to the real estate administrative department of the county (city, district) people's government for the record:

(a) the minutes and decisions of the owners' meeting;

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

(3) Owners' convention;

(4) Articles of association of the owners' committee;

(five) the basic situation of the members of the owners' committee.

The real estate administrative department of the county (city, district) people's government shall, within five days from the date of receiving the above-mentioned documents, issue a record certificate to the owners' committee, and issue a certificate of the owners' committee's seal engraving. The owners' committee shall engrave, use and manage seals according to law.

Changes in the rules of procedure of the owners' congress, the owners' convention, the articles of association of the owners' committee and the members of the owners' committee shall be filed with the filing department. If more than one third of the members of the owners' committee propose or the director of the owners' committee thinks it necessary, a meeting of the owners' committee shall be held. The meeting of the owners' committee shall be held at least once a year.

The meeting of the owners' committee shall be attended by more than half of the members, and the decision must be agreed by more than half of all the members. Within two months before the expiration of the term of office of the owners' committee, a general meeting of owners shall be convened to hold a general election.

If the term of office of the owners' committee has not changed, the real estate administrative department of the county (city, district) people's government shall, jointly with the urban sub-district office or the township (town) people's government, organize the establishment of a preparatory group for the change of the owners' committee within the property management area.

The preparatory group for the general election is composed of the owners' representatives, the owners' committee and the residents' committee (community residents' committee). The preparatory group for the general election shall publish the list of its members within the property management area within seven days from the date of its establishment, and organize the owners to hold a meeting of the owners' assembly within thirty days from the date of its establishment to elect a new owners' committee.

The original owners' committee shall, within ten days after the expiration of its term of office, hand over the property owned by all owners, such as relevant financial vouchers, archives and other documents and seals, to the new owners' committee, and do other handover work well. Members of the owners' committee shall be terminated in any of the following circumstances:

(1) The term of office expires;

(2) The owner no longer owns the property due to the transfer or loss of the property;

(3) Being incapacitated for civil conduct due to illness or other reasons;

(four) personal freedom is restricted according to law because of a crime;

(five) to resign in writing to the owners' meeting;

(six) do not fulfill the statutory obligations of the owners;

(seven) three consecutive meetings of the owners' committee without justifiable reasons;

(eight) for other reasons, it is not suitable to continue to serve.

If a member of the owners' committee is under any of the circumstances listed in Items (1) to (4) of the preceding paragraph, his membership will naturally terminate; One of the circumstances listed in items (5) to (8) of the preceding paragraph shall be decided by the owners' meeting.

Where the membership of the owners' committee is terminated, the relevant financial vouchers, files and other documents, seals and other property belonging to all owners shall be handed over to the owners' committee within five days from the date of termination. Before the new property is sold, the construction unit shall hire a property management enterprise to conduct preliminary property management, sign a preliminary property service contract, and report it to the real estate administrative department of the county (city, district) people's government where the property is located for the record within 30 days.

The contents of the preliminary realty service contract shall include the following main clauses:

(a) the basic situation of the parties and property;

(2) Property services and service standards;

(three) the standard and collection method of property service fees;

(four) the rights and obligations of the owners and property management companies;

(five) the handling of complaints about property services;

(six) the way to deal with disputes;

(seven) other matters agreed by both parties. Pre-property services mainly include the following contents:

(a) the daily maintenance, maintenance and management of the * * * parts of the property and the facilities and equipment used in the property;

(two) public security, daily environmental sanitation, greening, public order and public parking management in the property management area;

(3) Property decoration management;

(4) Property file management.

Owners have the right to refuse to accept paid property services not agreed in the previous property service contract. Before selling the property, the construction unit shall, in accordance with the model text provided by the real estate administrative department, formulate the temporary owners' convention and report the temporary owners' convention to the real estate administrative department of the county (city, district) people's government where the property is located for the record.

If the temporary owners' convention formulated by the construction unit violates the relevant provisions and infringes on the legitimate rights and interests of property buyers, the real estate administrative department of the county (city, district) people's government shall order it to be re-formulated. In the property sales contract signed by the construction unit and the property buyer, the temporary convention of the owners, the property use manual and the floor plan of supporting facilities and equipment built according to the planning requirements are attached to the property sales contract.

When the owners' convention adopted by the first owners' meeting comes into effect, the temporary owners' convention shall be invalid. The following ancillary facilities and equipment and * * * used parts in the property management area belong to all owners:

(1) Property management houses such as office buildings of property management enterprises, office buildings of owners' committees and guard rooms;

(two) other facilities and equipment that the construction unit promised to be owned by all owners when selling the property.

The right to use public green space, roads and other public places in the property management area according to the planning belongs to all owners.

The ownership of supporting facilities and equipment such as basements and overhead floors other than those specified in the preceding two paragraphs, as well as the parts used in the house purchase contract, is not agreed or clearly agreed, and belongs to all owners. The construction unit shall allocate property management houses in accordance with the following provisions:

(a) the construction area of less than one hundred thousand square meters is not less than four thousandths of the total construction area, but not less than fifty square meters;

(two) the construction area of more than one hundred thousand square meters, according to more than two thousandths of the configuration.

Urban and rural planning and management departments shall review the location and area of property management houses when issuing construction project planning permits. Property management enterprises shall provide corresponding property services in accordance with the property service contract within the scope of their qualification grades, and accept the supervision of the owners.

The realty service contract shall stipulate the following items:

(a) the use, management and maintenance of * * * parts and facilities of the property;

(two) the maintenance of public greening;

(3) Cleanliness of public areas;

(4) maintaining public order;

(5) Safety precautions;

(6) Vehicle parking management;

(seven) management measures to prohibit sexual behavior in the use of property;

(eight) accounting management of property maintenance, renewal, renovation and maintenance costs;

(nine) the custody of property files;

(ten) the charging methods, standards and financial supervision and management of property services;

(eleven) the way to deal with disputes;

(12) Liability for breach of contract;

(13) Other agreed matters.

The property management enterprise may entrust the special service items in the property service contract to the professional service enterprise, but shall not entrust all the items agreed in the property service contract together. The owners' congress and the owners' committee shall cooperate with the public security organs and the residents' committees (community residents' committees) to do a good job in social security in the property management area.

Property management enterprises shall, in accordance with the provisions of laws and regulations and the provisions of the property service contract, do a good job in the security work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Before the expiration of the realty service contract, the realty management enterprise and the owners' committee shall not unilaterally terminate the contract in advance without justifiable reasons.

If one party requests to terminate the realty service contract in advance, it shall notify the other party 30 days in advance.

After receiving the notice that the property management enterprise terminates the property service contract in advance, the owners' committee shall convene a meeting of the owners' general assembly within 20 days to decide whether to hire a new property management enterprise. If the realty service contract expires and the realty service contract is not renewed or terminated, the original realty management enterprise shall withdraw from the realty management area within 10 days from the date of termination of the contract, and hand over the relevant materials needed for realty management, the realty management house, the prepaid realty service fee and its revenue and expenditure accounts and other materials that must be handed over to the owners' committee or the newly-selected realty management enterprise.

When the realty service contract is terminated, the owners' committee and the original realty management enterprise shall set up a handover team to handle the handover of relevant creditor's rights and debts and realty management information. The original property management enterprise shall not refuse to transfer or withdraw on the grounds that the creditor's rights and debts are not settled. Property service charges should follow the principles of reasonableness, openness, and adaptability between charging standards and service levels, and implement government-guided prices and market-regulated prices respectively.

The early property service charges are subject to government-guided prices. The price departments of local people's governments at or above the county level shall, jointly with the real estate administrative departments, formulate unified guiding prices within their respective administrative areas and publish them regularly. The specific charging items and standards for the prophase realty service in a single realty management area shall be agreed in the realty service contract by the construction unit and the realty management enterprise according to the published guidance price.

Property service charges that belong to the market-regulated price shall be agreed in the property service contract by the owners' committee on behalf of the owners and the property management enterprise according to the service standard level and service content.

Property service charges should be clearly marked. The property management enterprise shall publicize the service contents, service standards, charging items, charging methods, charging basis and standards and other related matters in a prominent position within the property management area.

The owner shall pay the property service fee in accordance with the contract. In the property management area, water supply, power supply, gas supply, communication, cable TV and other units charge related fees to the end users:

(a) owned by the owners for their own use;

(two) the use of property management companies to collect fees from property management companies;

(three) the right to use the public * * * is jointly owned by the owner and collected in accordance with the contract.

Water supply, power supply, gas supply, communication, cable television and other units shall bear the management responsibility and related expenses for the maintenance and conservation of related pipelines and facilities and equipment within the property management area. Where laws and regulations provide otherwise, such provisions shall prevail.

The units listed in the preceding paragraph shall not force the property management enterprises to charge the fees specified in the first paragraph of this article, nor shall they stop providing services because the property management enterprises refuse to charge relevant fees.

If a property management enterprise accepts the fees specified in the first paragraph of this article, it may charge the entrusting unit a handling fee according to the agreement of both parties, and may not charge the owner any additional fees such as handling fees.