Measures of Gansu Province on Property Management (revised on 20 10)

Article 1 These Measures are formulated in accordance with the "Regulations on Property Management" of the State Council and relevant laws and regulations, combined with the actual situation of our province. Article 2 These Measures shall apply to property management activities within the administrative area of this province.

Property management should be implemented in newly built residential areas and existing residential areas with relatively complete supporting facilities.

The original residential area with incomplete supporting facilities shall be funded by the relevant departments of the people's government of the city where it is located and the units selling public housing, organize rectification, create conditions, and gradually implement property management.

Property management should be implemented in buildings, industrial areas and other properties with relatively complete supporting facilities. Third provincial construction administrative departments are responsible for the unified supervision and management of property management activities in the province, and the real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant administrative departments shall, within the scope of their respective duties, do a good job in relevant supervision and management. Article 4 Local people's governments at or above the county level shall support the development of the property management industry, and property service enterprises shall enjoy preferential policies in accordance with the relevant provisions of the state. Article 5 A realty service enterprise shall have the qualification of an independent legal person, apply for a qualification certificate from the qualification management department of the realty enterprise within 30 days after obtaining the business license, and engage in realty management activities according to the qualification grade. Sixth property management practitioners should obtain qualification certificates in accordance with the relevant provisions of the state. Article 7 The division of property management areas shall fully consider factors such as facilities, building scale and community construction, and follow the principles of facilitating life and work, facilitating community construction and management, reducing management costs and improving service level. Article 8 Under any of the following circumstances, the municipal, district and county real estate administrative departments where the property is located may determine it as 1 property management area, and 1 property service enterprises shall implement property management:

(a) Belonging to an independent closed community;

(two) in the same block or adjacent lots;

(three) can enjoy supporting facilities and equipment;

(four) commercial, office, hospitals, schools, factories, warehouses and other non-residential properties and single commercial and residential buildings have independent facilities and equipment, and can be closed management;

(five) other can be transformed into a property management area.

According to the preceding paragraph (two), (three) and (five) to determine the property management area, the construction scale is generally not less than 30 thousand square meters.

After the division of property management areas, the county-level real estate administrative department shall make an announcement in the property management area. Ninth real estate administrative departments at the county level where the property is located shall establish regional archives of property management. The file shall contain the following items:

(a) the scope, area and construction area of the property management area;

(2) * * * facilities and equipment;

(three) the construction unit, property unit;

(four) the total number of owners, population and the proportion of property rights;

(five) the name and management time of the realty service enterprise. Where the realty service enterprise changes, the owners' committee shall timely file with the county-level real estate administrative department where the property is located. Article 10 All owners in the property management area form the owners' assembly, and the owners' assembly carries out activities in accordance with the relevant provisions of the state.

If the number of owners exceeds 50 (inclusive) but less than 100, the owners' meeting shall be composed of all owners; If the number of owners is less than 50, and it is decided not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee.

If the number of owners is above 100 (inclusive), owners' representatives may be elected to attend the owners' meeting according to the building, unit and floor, and the number of owners' representatives shall generally not be less than 30. Eleventh the following matters shall be decided by the owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to * * * and * * management authority. Twelfth owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of these Measures, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these Measures shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it. Thirteenth in a property management area, the construction area that has been delivered to the owners has reached more than 50%, or more than 30% is less than 50%, but the first residential unit has been sold and actually delivered for two years, the first owners' meeting shall be held.

In accordance with the provisions of the preceding paragraph, the construction unit shall make a written declaration to the county-level real estate administrative department, and provide the owner list, property construction area, property sale and delivery time and other documents; If the construction unit fails to report in writing in time, the owner may submit a written request for the establishment of the owners' meeting to the county-level real estate administrative department.