Regulations of Xining Municipality on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners, users and property service enterprises, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the property management, use, supervision and management within the administrative area of this Municipality. Article 3 Property management shall be independently managed by the owners, and may also be entrusted to property service enterprises or other managers. Property management services should follow the principles of openness, fairness, impartiality, honesty and credit, market competition and standardized services. Article 4 The municipal real estate administrative department (hereinafter referred to as the municipal real estate administrative department) shall be responsible for the supervision and management of property management activities within the administrative area of this Municipality.

District and county real estate administrative departments (hereinafter referred to as district and county real estate administrative departments) shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Sub-district offices and Township People's governments guide the establishment of owners' meetings, elect owners' committees, mediate property management disputes, and coordinate the relationship between property management and community construction.

Construction, planning, electricity, water, radio and television, communications, health, gardens, public security, prices and other administrative departments. These Regulations shall be implemented in accordance with their respective responsibilities. Fifth to encourage and support residents' committees to guide and supervise the owners' assembly and owners' committee within their respective jurisdictions according to law. Sixth to encourage the establishment of property services industry associations according to law. Property service industry associations should strengthen industry guidance and industry self-discipline, encourage property service enterprises to innovate constantly, and promote property service enterprises to improve service quality and level. Chapter II Owners and Owners' Congress Article 7 The division of property management areas shall be determined according to the facilities and equipment of the property, the scale of the building, the construction of the community and other factors.

(a) construction by stages or by two or more construction units development and construction area, supporting facilities and equipment * * * part of the setting, can be divided into a property management area.

(two) the property management area has been formed naturally and uncontroversial, and can be used as an independent property management area.

(three) different property management areas that have implemented property services can be merged into one property management area with the consent of their respective owners' meetings.

(four) the sporadic construction of the property management area is not implemented, and the property management area is divided according to the principle of demand and rationality. Eighth construction units in the application for construction project planning permit, at the same time, it should be the location of the district and county property administrative departments to divide the property management area requirements. The district and county property administrative departments shall, within 0/0 day from the date of acceptance, conduct zoning after soliciting the opinions of the subdistrict offices and township people's governments in accordance with the provisions of Article 7 of this Ordinance, and make a note on the general plan of construction planning, and inform the construction unit in writing.

If the property management area is not divided or needs to be adjusted, the district/county property administrative department shall, jointly with the subdistrict office and the Township People's Government, divide the property management area according to the provisions of the preceding paragraph and the layout of the local neighborhood (village) committees, and make an announcement in the property management area after it is indicated on the construction site plan. Ninth owners in the property management activities, enjoy and perform the rights and obligations stipulated in the "Property Management Regulations" of the State Council. Article 10 All owners in the property management area form the owners' meeting.

A property management area establishes an owners' meeting.

Under any of the following circumstances, the owner and the construction unit may submit the report of the first meeting of the owners' congress to the neighborhood offices and township people's governments where the property is located.

(a) the sales delivery of housing construction area reached more than 60% of the total construction area;

(2) The first house has been sold and delivered for two years, and the building area of the house has reached more than 30% of the total building area of the property.

Owners in the same property management area shall set up the first owners' meeting under the guidance of the neighborhood offices and township people's governments where the property is located, and elect the owners' committee.

If there is only one owner, or the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting. If the number of owners is small, the convener shall be recommended by the owner * *, and the convener shall convene the owner * * * to perform the duties of the owners' meeting and the owners' committee. Article 11 For the property management areas that meet the requirements for the establishment of the owners' meeting as stipulated in the third paragraph of Article 10 of this Ordinance, the construction unit shall submit a written report to the subdistrict office and the township people's government, and provide documents and materials such as the division of property management areas, the list of owners, the general plan of construction planning, the allocation of property service houses, the collection of special maintenance funds for houses, and the sales and delivery time of the first set of houses. If the construction unit fails to make a written report in time within 3 months, more than 20% of the owners in the property management area may jointly submit a written request 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 20 days after receiving a written report from the construction unit or a written request from the owners, organize the owners to set up a preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group) to prepare for the first owners' meeting.