Chapter III of Wuhan Property Management Regulations

The term "owner" as mentioned in these Regulations refers to the owner of the property.

A person who has not obtained the ownership by registration, but legally occupies the house on the basis of legal acts such as buying and selling, gift, compensation for demolition, etc., enjoys the rights of the owner stipulated by laws and regulations in property management activities, and assumes corresponding obligations.

Owners may entrust property users to exercise their rights and perform their obligations according to law. Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations. Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations. A property management area establishes an owners' meeting. If one of the following conditions is met, the first meeting of the owners' assembly shall be held and the owners' assembly shall be established:

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

(2) Two years from the date when the exclusive part was first delivered for use, and the construction area of the exclusive part delivered for use reached more than 20% of the total construction area.

If the total number of owners is less than 20 and all owners agree unanimously, it is decided not to set up the owners' meeting, and all owners will perform the duties of the owners' meeting and the owners' committee. The area of the exclusive part and the number of owners are determined as follows:

(a) the exclusive area is calculated according to the area recorded in the real estate register; If the property right registration has not been carried out, it shall be temporarily calculated according to the measured area of surveying and mapping institutions; Not yet measured, temporarily calculated according to the area recorded in the housing sales contract; The total construction area is calculated according to the statistical sum of the above areas;

(two) the number of owners, according to the number of proprietary parts, a proprietary part is calculated by one person, but the construction unit has not yet sold and sold but not delivered, and the same buyer owns multiple proprietary parts, it is calculated by one person; The total number of people is calculated according to the sum of the above statistics.

The determination of the owner's identity is based on the real estate register or other legal and effective documents that can prove his ownership. If the property management area meets the conditions stipulated in the first paragraph of Article 19 of these regulations, the development and construction unit or the prophase property service enterprise shall submit a written report to the District Housing Authority, the subdistrict office and the township (town) people's government.

If the development and construction unit or the prophase realty service enterprise fails to report in writing in time, more than 20% of the owners may jointly submit a written request for the establishment of the owners' meeting to the District Housing Authority, the subdistrict office and the township (town) people's government.

Neighborhood offices and township (town) people's governments shall, within 60 days from the date of receiving the report or request, organize the owners to set up a preparatory group for the owners' meeting in conjunction with the district housing management department (hereinafter referred to as the preparatory group) to prepare for the first owners' meeting. The preparatory group consists of owners, street offices, township (town) people's governments and development and construction units, of which the proportion of owners shall not be less than 2/3 of the total number of preparatory groups. The head of the preparatory group is sent by the sub-district office and the township (town) people's government.

The preparatory group shall, within seven days from the date of its establishment, publish its membership list and job responsibilities in writing within the property management area, and have the right to request the development and construction unit to provide the following documents:

(1) Certificate of property manager;

(2) List of owners;

(3) The general plan of building planning;

(four) the record certificate of the delivery of ancillary facilities and equipment;

(five) the general plan of greening completion;

(six) the property service room configuration certificate;

(seven) proof of deposit of special maintenance funds;

(eight) other documents required for the establishment of the owners' meeting. The preparatory group shall perform the following duties:

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

(two) to draft the management statute, the rules of procedure of the owners' congress and the working rules of the owners' committee;

(three) to confirm the identity of the owners and verify the number of owners and the area of the exclusive part;

(four) to determine the scheme and list of candidates for members of the owners' committee, and to solicit opinions from the public;

(five) to complete other preparations for the first meeting of the owners' congress.

The contents listed in the preceding paragraph shall be publicized in written form in the property management area fifteen days before the first owners' meeting is held. The preparatory group shall organize the first meeting of the owners' congress within 90 days from the date of its establishment. Since the owners' meeting was established according to law, the responsibilities of the preparatory group will automatically terminate.

The publicity funds, printed materials and other necessary funds for convening the first owners' meeting shall be borne by the development and construction unit. The owners' congress shall be established from the date when the first meeting of the owners' congress voted to adopt the management statute, the rules of procedure of the owners' congress and elected the owners' committee.

Within 30 days after the establishment of the owners' congress according to law, the owners' committee shall record the establishment of the owners' congress to the district housing management department, sub-district offices and township people's governments, and engrave and use the seal of the owners' congress (owners' committee) according to law. The owners' congress shall perform the following duties:

(a) to formulate and modify the rules of procedure, management regulations and working rules of the owners' committee;

(two) to elect the owners' committee, replace the members of the owners' committee and decide on the term of office of the owners' committee;

(three) to supervise the work of the owners' committee, listen to the work report of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;

(four) decided to hire and dismiss the realty service enterprise;

(five) to decide the collection, use and management of special maintenance funds according to law;

(six) according to the management agreement, to warn the owners who violate the management agreement;

(seven) to decide on the way to raise funds for the work of the owners' committee;

(eight) to decide other property management matters involving the interests of the owners in the property management area. The meeting of the owners' congress is divided into regular meetings and temporary meetings, which are organized by the owners' committee. Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. In any of the following circumstances, the owners' committee shall promptly organize an interim meeting of the owners' congress:

(a) proposed by the owner whose exclusive part accounts for more than 20% of the total construction area and accounts for more than 20% of the total number of people;

(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 management statute.

If the owners' committee fails to perform the duties of convening the owners' meeting or fails to do so according to law, the District Housing Authority shall order it to convene it within thirty days; If no correction is made within the time limit, the subdistrict office and township (town) people's government shall, jointly with the district housing management department, organize the owners to hold a meeting of the owners' congress within thirty days.

In addition to the provisions of the preceding two paragraphs, no unit or individual may organize a meeting of the owners' congress. Owners can elect owners' representatives to participate in the owners' meeting in units of buildings, units or floors.

Where the owners' representatives attend the meeting of the owners' congress, the owners' representatives shall, three days before attending the meeting of the owners' congress, solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress; If a vote is required, the specific number of votes for, against and abstained from voting at the owners' meeting after the signature of the owner's representative shall be truthfully reflected. The calculation of the owners' voting rights by the owners' congress shall be determined in accordance with the following provisions:

(a) according to the number of owners, one person counts as one vote; The exclusive part of the construction unit that has not been sold is counted as one vote;

(two) according to the construction area, each square meter of construction area is calculated as one vote; The construction area of less than one square meter is calculated by one vote. The management statute shall stipulate the following matters:

(a) the use, maintenance and management of buildings and their ancillary facilities and equipment;

(two) the plan for raising and using special maintenance funds;

(three) * * * part of the operation and income distribution and use;

(four) the rights and obligations of the owners in the property management area related to environmental sanitation, noise, pet keeping and safety management;

(5) Responsibility for violating management regulations.

The management statute shall come into effect as of the date when it is voted by the owners' meeting, and shall be binding on all owners and users. The owners' committee is the executive body of the owners' congress, elected by the owners' congress, responsible for the owners' congress and reporting its work, and supervised by the owners and the owners' congress.

The owners' committee shall implement the tenure system, and each term of office shall not exceed five years, and may be re-elected, unless otherwise stipulated in the rules of procedure of the owners' congress. Members of the owners' committee enjoy equal voting rights.

The owners' committee shall hold its first meeting within seven days from the date of election to elect the director and deputy director of the owners' committee.

The meeting of the owners' committee shall be convened and presided over by the director. If the director is unable to perform his duties for some reason, he may entrust the deputy director to convene a meeting. When the owners' committee discusses and decides on matters related to property management, it shall convene a committee meeting, and publish the agenda of the meeting in writing within the property management area three days before the meeting is held to listen to the opinions and suggestions of the owners.

Matters decided by the owners' committee shall be signed by more than half of all members.

The owners' committee shall publish it in writing within three days from the date when the decision of the owners' congress and the owners' committee is made. Members of the owners' committee shall faithfully perform their duties, accept the guidance and supervision of neighborhood offices, township (town) people's governments and housing authorities, and the housing authorities shall strengthen the training of members of the owners' committee.

Members of the owners' committee shall not serve in the realty service enterprises that provide realty services for the realty management area, and their close relatives who serve in the realty service enterprises that provide realty services for the realty management area shall make an announcement in a prominent position in the realty management area. Members of the owners' committee shall be terminated in any of the following circumstances:

(a) is no longer the owner of the property management area;

(2) Being incapacitated for civil conduct and unable to perform the duties of a member;

(three) personal freedom has been restricted for more than half a year according to law;

(four) to submit a request for resignation to the owners' meeting in writing;

(five) other circumstances stipulated by laws, regulations and management regulations. In any of the following circumstances, the owners' congress shall decide whether to terminate its membership:

(1) Refusing to perform the duties as a member;

(two) more than half of the members of the owners' committee or more than twenty percent of the owners have proposed to revoke their membership;

(three) illegal construction in the property management area, refusing to pay property service fees and other violations of the legitimate rights and interests of others;

(four) for other reasons, it is not suitable to continue to serve as a member. Three months before the expiration of the term of office of the owners' committee, a meeting of the owners' general assembly shall be held to hold a general election.

If the term of office of the owners' committee expires without a general election, the District Housing Authority shall order it to make corrections within thirty days; If no correction is made within the time limit, the neighborhood offices and township (town) people's governments shall, jointly with the district housing authorities and community residents' committees, organize a meeting of the owners' general assembly to hold a general election within thirty days. Within ten days from the date when the new owners' committee is elected by the owners' general assembly, the members of the original owners' committee shall, under the supervision of the neighborhood offices and township (town) people's governments, hand over to the new owners' committee the relevant documents, files and other materials, seals and other property belonging to all owners, and complete the handover work.

If the membership of the owners' committee is terminated during the term of office, the documents and property listed in the preceding paragraph shall be handed over to the current owners' committee within three days from the date of termination. The owners' committee shall not engage in property service business activities.

The working expenses of the owners' committee and the income from using part of the owners' business belong to all owners. The specific mode of use shall be decided by the owners' congress, and the owners' committee shall regularly publish its income and expenditure in writing and accept the supervision of the owners' congress and owners. If more than two property management areas use ancillary facilities and equipment, a joint meeting system of owners' committees shall be established.

The joint meeting of the owners' committee consists of sub-district offices, township (town) people's governments, community residents' committees and district housing management departments, owners' committees in relevant property management areas and property service enterprises. The joint meeting shall be convened by the sub-district office and the township (town) people's government.