Chapter III Measures for the Implementation of Hunan Property Management Regulations by Owners and Owners' Congress

Owners enjoy legal rights and perform legal obligations in property management activities.

In the property management area, major issues involving * * * ownership and * * * management rights are decided by the owners. Owners in the same property management area * * * set up owners' meeting.

Meet one of the following conditions, the owners' meeting shall be established:

(a) the construction area of the exclusive part of the property delivered for use accounts for more than 50% of the total construction area;

(two) the area of the exclusive part of the property delivered for the first time has been over 2 years and the construction area of the exclusive part of the property delivered for use has reached more than 30% of the total construction area.

If the total number of owners is less than 20, and it is decided by unanimous consent of all owners not to set up the owners' meeting, all owners shall perform the duties of the owners' meeting and the owners' committee.

Nineteenth property management area, in line with the conditions for the establishment of the owners' meeting, the construction unit shall report in writing to the county people's government real estate administrative departments and neighborhood offices, Township People's government where the property is located.

Owners who account for more than 10% of the total number of people can jointly submit a written application for the establishment of the owners' meeting to the neighborhood offices and township people's governments where the property is located.

Neighborhood offices and Township People's governments shall, within 60 days from the date of receiving the written request for the establishment of the owners' congress, organize and guide the establishment of the preparatory group for the owners' congress. The preparatory group for the owners' meeting shall be convened by the sub-district office and the Township People's Government to consult with the owners' representatives, the construction unit and the community residents' committee.

The preparatory group of the owners' congress shall organize the first meeting of the owners' congress in accordance with the relevant provisions.

The construction unit shall, within 7 days from the date of the establishment of the preparatory group of the owners' congress, provide the preparatory group of the owners' congress with the list of owners, the exclusive area of the property, the total area of the building and other information. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

The first meeting of the owners' congress shall be held within 6 months from the date of the establishment of the preparatory group for the owners' congress.

The first meeting of the owners' congress shall vote on the management statute and the draft rules of procedure of the owners' congress. The owners' committee is elected by the owners' congress.

The owners' committee shall, within 30 days from the date of election, submit the following election materials to the real estate administrative departments of the county and urban people's governments, sub-district offices and township people's governments where the property is located for the record:

(a) the report issued by the preparatory group of the owners' congress on the establishment of the owners' congress and the election of the owners' committee;

(2) resolutions of the owners' congress;

(three) management regulations and rules of procedure of the owners' congress;

(4) List of members of the owners' committee.

Within 7 days after the election of the owners' committee, the subdistrict office and the Township People's Government shall notify the community residents' committee where the property is located in writing.

Where the contents of items (2), (3) and (4) of the preceding paragraph are changed, it shall be filed separately within 30 days from the date of change. The owners' committee shall be responsible for the owners' meeting and report its work, and accept the supervision of the owners and the owners' meeting.

The owners' committee shall, in accordance with the articles of association of the owners' committee, perform its duties on behalf of the owners and the owners' congress in accordance with the law, and organize a meeting of the owners' congress in accordance with the rules of procedure of the owners' congress. Members of the owners' committee are elected from all owners, but owners who fail to implement the resolutions of the owners' congress and violate the management regulations cannot be candidates for the owners' committee.

The election, number, composition, qualification and term of office of the members of the owners' committee shall be stipulated by the rules of procedure of the owners' congress.

In any of the following circumstances, the membership of the owners' committee shall be terminated:

(a) the term expires or resigns in writing;

(two) due to the change of ownership of the house, it is no longer the owner;

(3) losing the capacity for civil conduct or being restricted in personal freedom according to law;

(four) other circumstances stipulated in the rules of procedure of the owners' congress.

If the membership of the owners' committee is terminated, the archives, seals and other property kept by the owners' committee shall be handed over to the owners' committee within 3 days from the date of termination; Refuse to hand over, the subdistrict office and the Township People's Government shall order it to be handed over, and the public security organ where the property is located shall assist in the handover. Meetings of the owners' congress shall be held regularly in accordance with the rules of procedure of the owners' congress.

In any of the following circumstances, an interim meeting of the owners' congress shall be held in time:

(a) decided by the owners' committee or proposed by more than 20% of the owners;

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

(three) other circumstances in which the rules of procedure of the owners' meeting or the management statute stipulates the convening of an interim meeting of the owners' meeting.

If the owners' committee fails to perform the duties of organizing the owners' meeting, the real estate administrative department of the county or city people's government shall order it to be held within 30 days; If it is not organized within the time limit, the community residents' committee where the property is located shall organize the implementation within 30 days under the guidance and supervision of the subdistrict office and the township people's government. When a meeting of the owners' congress is held, all owners shall be informed in writing of the time, place, topics and agenda of the meeting/0/5 days before the meeting is held, and an announcement shall be made in a prominent position such as a bulletin board in the property management area.

The meeting of the owners' congress may take the form of collective discussion or written comments.

The meeting of the owners' congress shall solicit opinions in writing, and the feedback results shall be publicized in the property management area for more than 30 days, and the owners shall be informed that they have the right to consult relevant materials. The owner may entrust an agent to attend the meeting of the owners' congress. If the owner entrusts an agent to attend the meeting of the owners' congress, it shall issue a written power of attorney, specifying the authorization authority, duration and content.

Owners can take buildings, units or floors as units to elect owners' representatives to participate in the owners' meeting.

The owner's representative shall, before the meeting of the owners' congress is held 15, solicit the opinions of the owners he represents in writing on the matters to be discussed at the meeting of the owners' congress; If a vote is required, the vote shall be signed by the owner himself, and the owner's representative shall be entrusted to vote at the owners' meeting. I