Regulations of Zhengzhou 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, property 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 relevant laws and regulations, and combined with the actual situation of this Municipality. Article 2 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 of the owners to maintain, conserve and manage the property by hiring property service enterprises, and to maintain the environmental sanitation and related order in the property management area.

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

The term "property user" as mentioned in these Regulations refers to the lessee or actual user of the property.

The term "realty service enterprise" as mentioned in these Regulations refers to an enterprise that has obtained independent legal person status according to law, has corresponding qualifications and is engaged in realty management activities. Article 3 These Regulations shall apply to property management activities within the administrative area of this Municipality. Article 4 Property management shall follow the principle of separating real estate development from property management, combining government guidance with owner autonomy, and gradually realize market-oriented, professional and scientific management. Article 5 The people's governments of cities, counties (cities) and districts shall strengthen their leadership over the supervision and management of property management and establish a coordination mechanism for property management. Sixth city, county (city), Shang Jie District real estate management department is responsible for the supervision and management of property management within their respective administrative areas.

The real estate management departments of all districts (excluding Shang Jie District) shall be responsible for the supervision and management of property management within their respective jurisdictions in accordance with the provisions of these regulations.

Urban planning, construction, municipal management, landscaping, urban management administrative law enforcement, price, civil affairs, public security, environmental protection, production safety supervision and management, industrial and commercial administration and other relevant administrative departments. Should be within the scope of their respective duties, do a good job in the supervision and management of property management. Seventh street offices and township (town) people's governments are responsible for coordinating the relationship between property management and community construction within their respective jurisdictions, and assisting the real estate management departments to do a good job in the supervision and management of property management within their respective jurisdictions.

The residents' committee shall guide and supervise the activities of the owners' assembly and the owners' committee, and mediate property management disputes within its jurisdiction according to law. Chapter II Owners, Owners' Assemblies and Owners' Committees Article 8 If a house ownership certificate has been obtained, the owner of the house recorded in the house ownership certificate shall be the owner.

If the newly-built commercial housing has been delivered for use but the ownership of the housing has not been registered, in the property management activities, the buyer recorded in the commercial housing sales contract registered by the real estate management department is regarded as the owner. Article 9 The division of property management areas shall comprehensively consider the facilities and equipment, building scale, community construction and other factors of the property, and be determined according to the principle of facilitating management and reducing management costs. Tenth completed property, management area has been formed and there is no dispute, can continue to be an independent property management area.

If the property management area is not divided or really needs to be adjusted, the county (city) and district real estate management departments shall, jointly with the subdistrict offices and township (town) people's governments, delimit or adjust it in accordance with the relevant provisions, and make an announcement to the owners. Eleventh all owners in a property management area set up an owners' meeting.

Property management area meets one of the following conditions, the owners' meeting shall be established:

(a) the construction area of commercial housing sold and delivered for use accounts for more than 50% of the total construction area;

(2) The construction area of commercial housing sold and delivered accounts for more than 30% and less than 50% of the total construction area, and the first house has been delivered for 12 months;

(3) The construction area of commercial housing that has been sold and delivered is less than 30% of the total construction area, but the first house has been delivered for 24 months and the total number of owners exceeds 30.

Public residential and non-residential properties have been sold, the owners' meeting should be gradually established and standardized property management should be implemented. Article 12 In the property management area that meets the conditions for the establishment of the owners' meeting, the county (city) and district real estate management departments shall, in conjunction with the neighborhood offices or township (town) people's governments, coordinate the establishment of the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group). Thirteenth members of the preparatory group are composed of representatives of the owners, construction units, residents' committees and local police stations. Among them, the owner's representative shall not be less than half of the total number of members.

The head of the preparatory group shall be a representative of the residents' committee. The list of members of the preparatory group shall be published in writing on the bulletin board in the property management area, and the publication time shall not be less than seven days.

The funds needed for the preliminary work shall be borne by the construction unit. Fourteenth after the establishment of the preparatory group, it shall do the following work:

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

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

(three) to register the relevant information of the owners and confirm the number of voting rights of the owners at the first meeting of the owners' congress;

(four) to determine the selection method and the draft list of candidates for members of the owners' committee;

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

The preparatory group shall, within forty-five days from the date of its establishment, organize the owners to hold the first owners' meeting.

The preparatory group shall, fifteen days before the first owners' meeting, announce the relevant matters stipulated in the first paragraph of this article in the property management area.