Regulations of Henan Province on Property Management (revised on 20 10)

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 Property management shall implement the system of combining the supervision of government administrative departments, the autonomy of owners and the professional services of property management enterprises.

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. The owner enjoys the following rights:

(a) 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.

The Owner shall undertake the following obligations:

(a) 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) Electing or replacing 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 according to the following provisions. Where laws and administrative regulations provide otherwise, such provisions shall prevail:

(a) Residential property is calculated according to the number of people with voting rights in a household;

(2) Non-residential properties are calculated according to the construction area.

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 shall carry out activities in accordance with relevant state laws, regulations and these Regulations and perform the following duties:

(a) to convene and preside 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.