Brothers and sisters ... the experience of Shandong property management regulations,

This is from Zhejiang Province, please refer to it.

Experience of learning Zhejiang Property Management Regulations

At present, property management is still in its infancy in China, but it has gradually formed an industry in developed countries. In the early 1980s, with the rapid economic development in China's coastal areas and the establishment of modern cities, a property management model suitable for China's national conditions and social characteristics was gradually established with reference to the property management experience of some countries and regions. In the process of urban construction and development, property management, a new industry, came into being. However, with the development of the property management industry, a series of problems and disadvantages have appeared in the practice of property management, which has restricted the development of the property management industry to some extent. To this end, in recent years, the State Council and relevant departments have formulated a series of laws and regulatory documents on property management, and various localities have also actively explored the legislation on property management. In order to make property management activities have laws to follow and effectively safeguard the legitimate rights and interests of owners and property management enterprises, according to the State Council's "Property Management Regulations" and other relevant laws and administrative regulations, combined with the reality of Zhejiang Province, the "Zhejiang Property Management Regulations" was newly promulgated on May 24, 2006, which explained and supplemented the "Property Management Regulations". According to the specific regional characteristics, plus regional characteristics, it is a norm. In some aspects, the equal subject relationship between owners and property management enterprises and the rights and obligations of both parties in property management activities are clarified. Specifically, I will talk about some experiences in several aspects:

1. About the handover and maintenance of facilities and equipment.

1. 1 Article 43 stipulates: water supply, power supply, gas supply, heat supply, communication, cable TV and other facilities and equipment. The facilities and equipment legally owned by all owners in the property management area can be handed over to relevant professional units upon the decision of the owners' meeting, and the relevant professional units shall take over the facilities and equipment and assume the responsibility of maintenance, renewal and conservation. Specific measures shall be formulated by the provincial people's government.

In the high-rise building-intensive property management community, power supply equipment is often divided into public transformers and special transformers. The public transformer belongs to the facilities and equipment of the power sector, and the special transformer belongs to the relevant property owner. In the property management area, the public facilities and equipment shared by all owners are not only a special change. When the public facilities and equipment shared by all owners fail, especially the facilities and equipment such as water supply, power supply, gas supply, heating, communication and cable TV, who will bear the maintenance responsibility has become an unavoidable problem in property management.

1.2 The use of the garage cannot be changed casually.

Article 4 1 of the Regulations stipulates that owners and non-owners shall use the property according to the purposes specified in the property ownership certificate or the design purposes approved by the planning administrative department, and shall not change the nature of the use of the property. If it is really necessary to change, it shall obtain the consent of the interested parties, report to the planning, land and resources and other relevant departments for approval, and go through the relevant formalities according to law.

2. About the decision-making procedure of the owners' meeting.

2. 1 Article 10 The number of voting rights of the owners at the first meeting of the owners' congress shall be determined according to the principle of one vote for each property right certificate. Where the construction area exceeds 200 square meters, the number of votes shall be counted separately, but the number of votes counted by a single owner shall not exceed 30% of the total votes of all owners in the property management area.

2.2 Article 11 Decisions made by the owners' meeting must be adopted by more than half of the voting rights held by the owners present at the meeting.

The owners' congress shall formulate and amend the owners' convention and the rules of procedure of the owners' congress, select and dismiss property service enterprises, and decide on the use and renewal scheme of special maintenance funds, which must be approved by more than two-thirds of the voting rights held by all owners in the property management area. Whether the voting rights of owners who fail to participate in the voting within the time limit are included in the voting majority shall be stipulated by the rules of procedure of the owners' congress, but the voting majority shall reach more than half of the voting rights held by all owners in the property management area.

Decisions made by the owners' congress within the scope of their duties are binding on all owners in the property management area.

2.3 Article 17 clearly stipulates that, in order to safeguard the rights and interests of owners in the property management area, the owners' committee may, upon the decision of the owners' meeting, bring a lawsuit in its own name according to law.

The legal status of the owners' committee has been unclear, which makes the status of the owners' committee quite embarrassing and also brings resistance to the majority of owners on the road of safeguarding rights. The promulgation of this regulation has clarified the legal status of the owners' committee.

3. The owners' convention can also be enforced.

Article 55 emphasizes that the owners' committee and the realty service enterprise should discourage and stop the owners and non-owners from violating the temporary owners' convention and the owners' convention and harming the legitimate rights and interests of other owners and non-owners. Relevant owners and non-users can bring a lawsuit according to law.

In the practice of property management, the binding force of owners' convention is not obvious. There is no corresponding regulation on what kind of legal responsibility the owner should bear for violating the owners' convention. For example, there are phenomena such as raising poultry without authorization and dividing public parts in the community. Although these phenomena are prohibited by the owners' convention, the affected owners can only reflect to the property company or community and ask for mediation. If the owners' convention can be enforced, the troubles in these communities can be greatly reduced.

The so-called property management refers to the activities of owners and property service enterprises to maintain, conserve and manage houses and their supporting facilities, equipment and related sites by hiring property service enterprises, so as to maintain environmental sanitation and order in relevant areas.

Through the targeted and popular study of Zhejiang Property Management Regulations organized by various government departments, the service of Zhoushan property management industry is more standardized and orderly, and the rights and interests of the majority of owners are guaranteed; On the other hand, it can also let the owners know their obligations and make the property management enterprises and owners win-win.