New Regulations of Nantong Property Management in 2022

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the state and the actual situation of this province in order to standardize the property management behavior, clarify the rights and obligations of owners, users and property management enterprises, and create and maintain a safe, clean, civilized and comfortable living and working environment. Article 2 These Regulations shall apply to property management activities within the administrative area of this province. If the property built by a real estate developer is sold or leased to two or more owners for the same purpose, it shall be subject to property management. In accordance with the housing system reform policy to sell public housing and other properties, the owners voluntarily implement property management. Article 3 The term "property" as mentioned in these Regulations refers to houses, buildings and their ancillary facilities, equipment and related sites that have been completed and put into use. The term "property management" as mentioned in these Regulations refers to the activities that the owners or their organizations entrust property management enterprises to manage the * * * part of their property and the * * * same affairs. The term "owner" as mentioned in these Regulations refers to the owner of the property. Except the owner of the property that has been built for sale or lease but has not been sold or leased. The term "user" as mentioned in these Regulations refers to the lessee of the property or other people who actually use the property. The term "property management enterprise" as mentioned in these Regulations refers to an organization established according to law, which can independently bear civil liability and engage in property management services. Article 4 The system of supervision by the competent administrative department of the government, autonomy of owners and service of property management enterprises shall be implemented in property management. Encourage the development of property management to socialization, specialization and marketization. Fifth provincial people's government construction administrative departments to supervise and manage the province's property management activities. City, county (city) people's government real estate management departments to supervise and guide the property management activities within their respective administrative areas. Sixth relevant departments of the people's governments at all levels shall, in accordance with their respective responsibilities, do a good job in the relevant work within the property management area. Chapter II Owners, Owners' Congress and Owners' Committee Article 7 Owners shall supervise and manage some properties and their affairs. Owners enjoy the following rights: (1) to participate in the owners' meeting and enjoy the right to vote; (two) the right to vote and be elected as a member of the owners' committee; (3) Enjoy the service corresponding to the paid property management service fee; (four) to supervise the management of the owners' committee; (five) to supervise the management service activities of property management enterprises; (six) other rights stipulated by laws, regulations and rules. Owners shall undertake the following obligations: (1) Abide by the laws, regulations and rules of property management; (2) Abide by the owners' convention; (three) abide by the property management system and rules and regulations in the property management area; (four) the implementation of the relevant resolutions and decisions of the owners' congress; (five) pay the property management service fee in full and on time; (six) other obligations stipulated by laws, regulations and rules. Article 8 The owners' congress is composed of all owners in the property management area. The owners' congress shall perform the following duties: (1) to elect and replace the members of the owners' committee; (two) to examine and approve or amend the articles of association of the owners' committee and the owners' convention; (three) to supervise the work of the owners' committee, listen to and consider the work report of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee; (four) to decide or authorize the owners' committee to select and dismiss the property management enterprise; (five) to discuss and decide on the maintenance fund scheme of * * * parts and * * * facilities and equipment; (six) to decide other property management matters within the property management area. Article 9 In a property management area, if the construction area that has been delivered to the owners for use reaches more than 50%, or the construction area that has been delivered to the owners for use reaches more than 30% but less than 50%, but it has been used for more than 12 months and the first owners' meeting has not been held, the local real estate management department shall instruct the owners to hold the first owners' meeting. Article 10 The owners' meeting shall be attended by more than half of the owners with voting rights. The owner may entrust an agent to attend the owners' meeting. Owners without civil capacity or limited capacity shall be attended by their legal representatives or guardians. The owners' meeting shall be convened by the owners' committee. The owners' committee deems it necessary, or upon the proposal of more than fifteen percent of the owners, it shall convene a general meeting of the owners. The owners' convention and the decisions made by the owners' congress are valid for all owners. The procedure for deciding matters by the owners' congress shall be formulated by the owners' congress. When the owners' meeting is held, the owners' representatives of properties that have been built for sale or lease but have not been sold or leased shall be invited to attend, and representatives of residents' committees, property users and property management enterprises may be invited to attend. Eleventh the number of owners' voting rights can be calculated in accordance with the following provisions. Where there are other provisions in laws and administrative regulations, such provisions shall prevail: (1) The voting rights of residential property shall be calculated by one household; (2) Calculation of construction area of non-residential property. Specific measures to determine the voting rights of owners shall be formulated by the owners' congress. Twelfth owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and registered by the real estate management department. The owners' committee carries out activities in accordance with relevant national laws, regulations and these regulations, and specifically performs the following duties: (1) Convening and presiding over the owners' meeting; (two) the implementation of the resolutions and decisions of the owners' congress; (three) to listen to the opinions and suggestions of the owners and users; (four) other duties entrusted by the owners' congress. Thirteenth a property management area can only set up a owners' committee. Members of the owners' committee shall be held by the owners within the property management area. The number and term of office of the members of the owners' committee shall be decided by the owners' congress. Fourteenth owners' committee shall, within thirty days from the date of election, go through the registration formalities with the local real estate management department. Fifteenth owners' committee shall apply for seal engraving with the record certificate issued by the real estate management department. The owners' committee shall report the seal pattern to the local real estate management department for the record. Article 16 The owners' committee shall accept the guidance and supervision of the local real estate management department and shall not engage in any business activities. Seventeenth owners' committee shall convene a meeting according to the decision of the owners' congress and the provisions of its articles of association. The meeting must be attended by more than half of the members, and its decision must be adopted by more than half of all the members. The decision made by the owners' committee shall be published. Eighteenth decisions made by the owners' committee according to the responsibilities entrusted by the owners' congress are binding on the owners and property users in the property management area. The decisions of the owners' congress, owners' committee and owners' convention shall not conflict with laws, regulations and rules. Nineteenth when the property is handed over, the new owner shall inform the owners' committee and the property management enterprise within thirty days after the handover. Chapter III Use and Maintenance of Property Article 20 The use and maintenance of property shall comply with the provisions of national laws, regulations and rules on city appearance and environmental sanitation, environmental protection, housing management, fire control management and public security management. Twenty-first property * * * parts, * * facilities and equipment maintenance, renewal, renovation after the expiration of the statutory warranty period, the cost shall be charged in the maintenance fund, the insufficient part shall be shared by the * * * owners. The management, maintenance and repair of outdoor water, electricity, gas, heating and communication facilities and equipment of the owner shall be the responsibility of the property owner according to the ownership, unless otherwise stipulated by laws, regulations and rules. Twenty-second owners or users shall not have the following acts: (1) damage the load-bearing structure of the house, damage the appearance of the house, and change the use of the house without authorization; (two) illegal chisel, demolition, occupation, etc. Internal and external load-bearing walls, beams, columns, floors, balconies, roofs, etc. Of a house; (3) storing inflammable, explosive, toxic and radioactive dangerous goods; (four) the use of housing to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others. Twenty-third the following acts are prohibited in the property management area: (1) trampling on and occupying green space; (two) damage to trees and gardens; (3) occupying * * * venues such as passages; (4) littering.