Interim Measures of Guangzhou Municipality on Property Management (Order 100)

The Interim Measures for Property Management in Guangzhou has been discussed and passed at the executive meeting of the municipal government 1 4th session127th October, and is hereby promulgated and shall come into force as of May 27th.

Mayor of Chen Jianhua

March 65438, 2003

Interim Measures of Guangzhou Municipality on Property Management

Chapter I General Provisions

Article 1 In order to standardize the property management activities in this Municipality and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council, the Regulations on Property Management of Guangdong Province and other laws and regulations, and in combination with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management activities within the administrative area of this Municipality.

The term "property management" as mentioned in these Measures refers to the activities of the owners to maintain, conserve and manage the houses, supporting facilities, equipment and related sites by hiring property service enterprises, and to maintain the environmental sanitation and related order in the property management area.

According to the contract or the owner's own management, the owner carries out maintenance, conservation and management of the houses, supporting facilities, equipment and related sites in the property management area, and maintains the environmental sanitation and order in the relevant areas. , should be implemented with reference to these measures.

Article 3 For old residential areas with incomplete supporting facilities and poor environment, the district and county people's governments shall, in combination with the comprehensive improvement of urban environment, improve supporting urban and rural infrastructure and public service facilities, and gradually improve the comprehensive environment of old residential areas. The scope of old residential areas shall be determined by the district and county people's governments.

Where property management needs to be implemented in old residential quarters that have not implemented property management, the neighborhood offices and the Town People's Government where the property is located shall, after soliciting the opinions of relevant owners, reasonably determine the property management area, and guide and assist the owners to set up owners' meetings, elect owners' committees, and hire property service enterprises.

Article 4 The people's governments of cities and districts (county-level cities) shall incorporate property services into the development planning, community construction and community management system of modern service industry; Establish and improve the socialized and market-oriented property management mechanism, and encourage the adoption of new technologies and methods to improve the property management and service level.

Fifth city real estate administrative departments to organize the implementation of these measures, responsible for the supervision and management of property management activities in the city. City real estate administrative departments of the district branch (hereinafter referred to as the district branch), the county-level city real estate administrative departments responsible for the supervision and management of property management activities within their respective jurisdictions.

Neighborhood offices and town people's governments shall, jointly with district branches and county-level real estate administrative departments, guide and assist the establishment of owners' congresses and the election of owners' committees in their respective jurisdictions, supervise the daily activities of owners' congresses, owners' committees and property service enterprises, and mediate and handle property management disputes.

Residents' committees and villagers' committees shall establish a coordination mechanism between owners, owners' committees and property service enterprises, and assist neighborhood offices and town people's governments in guiding and supervising community property management activities.

Sixth real estate administrative departments and neighborhood offices, the town people's government shall organize the publicity and education of property management laws, regulations and rules, and enhance the self-management ability and awareness of owners.

Branch, county-level city real estate administrative departments shall regularly organize neighborhood offices, town people's governments, residents' committees and villagers' committees, members of the owners' committee and supervisors of the owners' board of supervisors to carry out legal knowledge training on property management, and the required funds shall be included in the financial budget of the people's government at the same level.

Seventh real estate administrative departments, neighborhood offices, Town People's Government shall strengthen the supervision and inspection of community property services, and timely publish the qualification grades of property service enterprises and the administrative penalties imposed by real estate administrative departments on property service enterprises.

Real estate administrative departments, street offices and town people's governments enjoy property management information such as property management filing, credit and punishment of property service enterprises.

Article 8 The administrative departments of real estate, price, public security, urban management, transportation, industry and commerce, environmental protection, quality supervision and other comprehensive law enforcement organs of urban management shall, in accordance with their statutory duties, strengthen the supervision and management of housing safety, property charges, public security and fire fighting, public order, environmental sanitation, the use of houses and facilities and equipment within the property management area, establish a complaint registration system for illegal acts, and deal with illegal acts within the property management area according to law.

Water supply, drainage, power supply, gas supply, communication, cable television and other franchised service units shall, in accordance with the relevant provisions and the contract, do a good job in special services within the property management area.

Article 9 Property management industry associations shall strengthen the training of employees of property service enterprises, assist relevant government departments to mediate and handle property management disputes, establish integrity files of property service enterprises and their employees, publicly criticize acts that violate laws, regulations and industry norms, strengthen self-discipline management of the industry, and promote the healthy development of the industry.

Article 10 The matters that the construction unit, the realty service enterprise, the owners' congress and its preparatory group, the owners' committee, the owners' board of supervisors or the neighborhood offices and the town people's government should announce, publish, announce or publicize to all the owners according to the regulations can be notified to all the owners by written notice, announcement in a prominent position in the realty management area, announcement through the electronic voting system for owners' decision-making, or other means agreed in the management regulations and rules of procedure; Publishers should choose one or more notification methods that are convenient for owners to refer to.

Chapter II Property Management Areas

Article 11 The construction unit, the realty service enterprise, the subdistrict office and the Town People's Government shall demarcate or determine the realty management area in accordance with the provisions of Article 7 of the Regulations on Property Management in Guangdong Province, and apply for the record to the district branches and county-level city real estate administrative departments where the realty is located in accordance with the provisions of Articles 12 to 15 of these Measures. If the submitted materials are complete and meet the statutory requirements, the district branches and county-level real estate administrative departments shall issue a written receipt stamped on the spot.

If the property management area delineated or determined by the construction unit, property service enterprise, subdistrict office and town people's government is unreasonable, the district branch bureau and county-level city real estate administrative department shall put forward opinions within 5 working days from the date of receiving the filing materials.

Twelfth construction units in the early stage of property management bidding work, should submit the following information for the property management area filing procedures:

(a) the property management area filing declaration form;

(two) the business license of the construction unit;

(three) the "construction land planning permit" and the attached drawings;

(four) the detailed planning of the construction project or the general plan of the design scheme of the construction project;

(five) to predict or measure the property management houses allocated in the property management area;

(6) Official documents of place names.

Thirteenth completed residential areas that have implemented property management but have not gone through the formalities for filing the property management area, the property service enterprise shall submit the following materials for filing:

(a) the property management area filing declaration form;

(2) Property service contracts;

(three) the qualification certificate of the property service enterprise;

(four) the "construction land planning permit" and the attached drawings;

(five) the detailed planning of the construction project or the general plan of the design scheme of the construction project;

(six) the location and construction area of the property management house;

(seven) the official documents of place names.

If the realty service enterprise is unable to provide the information in Items (4) to (7) of the preceding paragraph due to objective reasons, it shall report in writing the four areas of the area where the realty management has been implemented, the facilities and equipment used by the realty, and the construction of the community.

Fourteenth completed residential areas that have not implemented property management need to implement property management. After the property management area is determined, the subdistrict office and the Town People's Government shall submit the following materials for the record of the property management area:

(a) the property management area filing declaration form;

(two) the description and drawings of the four areas of the property management area;

(three) the reasons and basis for determining the property management area.

The reasons and basis for determining the property management area specified in Item (3) of the preceding paragraph shall include the facilities and equipment used by the property in the property management area and the construction of the community.

Article 15 If a property management area that has been put on record and implemented property management needs to be divided into several property management areas, for * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

In accordance with the provisions of the preceding paragraph, the realty service enterprise shall submit the following materials when handling the formalities for filing the realty management area:

(a) the property management area filing declaration form;

(two) the description and drawings of the property management area after the division of four areas;

(3) division scheme;

(four) the certification materials that the owners who have divided the exclusive part of each property management area and accounted for more than half of the total construction area and more than half of the total number of people agree to the division plan.

Sixteenth new property for sale, the construction unit shall record the property management area in the commercial housing sales contract.

The realty service enterprise or subdistrict office or town people's government shall announce the registered realty management area to all owners.

The contents expressed or announced in the first two paragraphs include:

(a) description and drawings of the four areas of the property management area;

(two) the area and location of public places and public green spaces;

(3) The number and location of public parking spaces;

(four) the area and ownership of the basement, the bottom overhead floor and the roof;

(five) the area and location of the property service room and the owners' committee room;

(six) the name and ownership of * * * facilities and equipment;

(seven) other places and facilities that need to be clearly stated.

Chapter III Owners' Congress and Owners' Committee

Section 1 General Provisions

Seventeenth owners can set up owners' meeting and elect owners' committee.

The owners' meeting is established according to the division of property management areas, and a property management area establishes an owners' meeting.

If the number of owners in a property management area is small and it is decided not to set up an owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee.

Eighteenth owners' congress is composed of all owners in the property management area, representing and safeguarding the legitimate rights of all owners in property management activities and performing their duties according to law.

The owners' committee shall be elected by the owners' congress according to law, perform the duties entrusted by the owners' congress, implement the matters decided by the owners' congress, and accept the supervision of the owners.

The owners' congress may set up the owners' board of supervisors to perform the duties entrusted by the owners' congress and supervise the work of the owners' committee on behalf of all owners.

The working expenses of the owners' congress, the owners' committee and the owners' board of supervisors, and the working subsidies of the members of the owners' committee and the supervisors of the owners' board of supervisors shall be borne by all owners after the decision of the owners' congress.

Article 19 This Municipality shall establish an electronic voting system for owners' decisions. Laws, regulations, rules and normative documents and management regulations require the consent of the owners, and advocate the owners to make decisions through electronic voting system.

The municipal real estate administrative department is responsible for the overall construction and maintenance of the owner's decision-making electronic voting system, and formulates specific operating rules for electronic voting to provide convenient and quick decision-making methods for owners to participate in public affairs in the property management area.

The construction and maintenance funds of the owner's decision-making electronic voting system are included in the departmental budget by the relevant departments every year.

Section 2 Preparatory Group for Owners' Congress

Twentieth property management area, in accordance with one of the following circumstances, the owners can jointly submit a written request to the street office and the town people's government for the establishment of the owners' meeting:

(1) Owners who account for more than 20% of the total number of delivered properties;

(two) the delivered property construction area has reached more than 50% of the property management area or the pre-developed part of the construction area.

In accordance with the provisions of the preceding paragraph, the sub-district office and the Town People's Government shall, within 7 days after receiving the written application, jointly with the co-owners to announce the establishment of the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group), and the announcement time shall not be less than 15 days. The contents of the announcement shall include the composition of the preparatory group, the conditions of the owner's representative, the way of production, and the way and time limit for the owner to submit information.

Article 21 The preparatory group consists of 5 owners' representatives, with an odd number of 13, representatives of the neighborhood office or the town people's government where the property is located 1 person, and representatives of the construction unit 1 person.

Representatives of the owners of the preparatory group shall be jointly recommended by the owners, and shall be determined in the order of the number of joint recommendations; If the number of joint sponsors is the same, the ranking order may be decided by drawing lots.

Sub-district offices and town people's governments shall notify the construction unit in writing to appoint 1 representatives to participate in the preparatory work. If the construction unit does not participate in the work of the preparatory group, it shall be deemed as giving up.

Twenty-second members of the preparatory group shall meet the following conditions:

(1) Having full capacity for civil conduct;

(2) I and my close relatives are not employed in the enterprise providing property services for this property management area and its affiliated enterprises;

(3) There is no act of soliciting or illegally accepting benefits or remuneration from the construction unit or the realty service enterprise;

(four) there is no disclosure of owner information or use of owner information for activities unrelated to property management.

In addition to the conditions specified in the preceding paragraph, the owners' representatives among the members of the preparatory group shall also be the owners in the property management area, and the representatives of the sub-district offices and the Town People's Government shall also receive the legal knowledge training on property management organized by the real estate administrative department.

If the owner's representative of the preparatory group does not meet the provisions in the first and second paragraphs of this article, the preparatory group will cancel its qualification as the owner's representative after being signed by members of the preparatory group above 1/2, and announce all the owners.

Representatives of sub-district offices and town people's governments do not meet the conditions stipulated in the first and second paragraphs of this article, and cannot perform their duties due to work changes and other reasons. , street offices, the town people's government to be replaced.

Twenty-third street offices and town people's governments shall publicize the list of members of the preparatory group, basic information and the number of joint sponsors to all owners, and the publicity time shall not be less than 15 days.

Upon the expiration of the suggested list of members of the preparatory group, if the owner has no objection or the objection is not established, the subdistrict office and the Town People's Government shall announce the establishment of the preparatory group to all the owners, and attach the list of members of the preparatory group.

Twenty-fourth members of the preparatory group during the publicity of the proposed list, the owners have objections to the proposed candidates, it should be written to the street offices, the town people's government. Sub-district offices and Town People's governments shall conduct verification within 7 days from the date of receiving written opinions, and the inspected personnel shall avoid the verification work.

After verification, the sub-district offices and the representatives of the Town People's Government to be appointed do not meet the provisions of the first and second paragraphs of Article 22 of these Measures, and the sub-district offices and the Town People's Government shall replace them; If the proposed owner's representative does not meet the provisions of the first and second paragraphs of Article 22 of these Measures, the subdistrict office and the Town People's Government shall cancel the qualification of the owner's representative and announce all the owners.

The replacement of members of the preparatory group shall be re-publicized in accordance with the provisions of the first paragraph of Article 23 of these Measures.

Article 25 After the establishment of the preparatory group, the subdistrict office and the Town People's Government shall notify the construction unit and the realty service enterprise to provide corresponding manpower and venue support for the activities of the preparatory group and the owners' congress in the realty management area, and submit the following materials to the subdistrict office and the Town People's Government within the prescribed time limit:

(a) the property management area for the record receipt;

(2) A list of the area of houses and buildings;

(3) List of owners;

(four) the detailed planning of construction or the general plan of construction project design;

(five) the mapping report of the property management houses allocated in the property management area;

(six) the list of special maintenance funds for the property that have been raised.

If a construction unit or a realty service enterprise fails to provide the list of owners and other relevant documents and materials within the prescribed time limit, and the real estate administrative department orders it to do so within a time limit, and refuses to provide it within the time limit, the subdistrict office and the Town People's Government shall inquire the name and housing area of the owners from the housing registration agency, which shall provide it without charging fees.

Twenty-sixth preparatory group shall, within 3 days from the date of its establishment, be convened and presided over by the representatives of the neighborhood offices and the town people's government, elect the leader of the preparatory group, and collectively study the relevant rules for preparing for the establishment of the owners' meeting and the election of the owners' committee.

The leader of the preparatory group shall be nominated by the subdistrict office and the town people's government among the members of the preparatory group, and shall be produced with the consent of more than half of the members of the preparatory group.

If the leader of the preparatory group fails to perform or fails to perform his duties correctly, it shall be re-determined in accordance with the procedures specified in the preceding paragraph.

Twenty-seventh meetings of the preparatory group shall be convened and presided over by the head of the preparatory group, and may also be convened and presided over by other members of the preparatory group entrusted by the head of the preparatory group. If the leader of the preparatory group does not convene the preparatory group meeting, the meeting sponsor may organize the preparatory group meeting with the consent of more than 1/3 members of the preparatory group.

Members of the preparatory group cannot entrust agents to attend the meeting, except legal persons or other organizations. The meeting of the preparatory group shall be attended by more than half of the members of the preparatory group, and the decisions made must be agreed by more than half of all the members of the preparatory group.

The meeting of the preparatory group shall be recorded in writing and filed. The decision made by the preparatory group meeting shall be signed by the participating members and announced to all owners within 3 days from the date of making the decision.

Article 28 The preparatory group may apply to the public security organ for engraving the seal of the preparatory group with the certificate issued by the subdistrict office or the town people's government, and the seal shall be kept by the head of the preparatory group or the members of the preparatory group designated by the head of the preparatory group. The seal of the preparatory group is used to issue preparatory documents such as publicity and announcement of the preparatory group according to the decision of the preparatory group meeting.

After the dissolution of the preparatory group, its seal shall be returned by the custodian to the sub-district office and the town people's government for invalidation.

Article 29 The preparatory group shall make the following preparations:

(a) to confirm and publish the number of owners and the area of their exclusive parts;

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

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

(four) to determine the voting rules for the first meeting of the owners' congress;

(five) to determine the number of candidates for members of the owners' committee (hereinafter referred to as candidates), the allocation of places and the method of production, and to determine the list of candidates;

(six) to formulate rules for the election of the first owners' committee;

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

The contents of the preceding paragraph shall be publicized 20 days before the first owners' meeting, and the publicity time shall not be less than 10.

The rules for the selection of candidates for the first owners' committee and the rules for the election of the first owners' committee shall not conflict with the management regulations to be submitted for voting and the rules of procedure of the owners' congress.

Thirtieth owners have objections to the management regulations of publicity and the draft rules of procedure of the owners' congress, and shall submit written opinions to the preparatory group in the form of written signatures during the publicity period. The preparatory group shall, within 7 days from the date of receiving the written opinions, collectively discuss and decide whether to adopt them, and give a written reply.

If it is necessary to amend the management statute and the draft rules of procedure of the owners' congress, it shall be amended in time, and the revised draft shall be publicized in accordance with the provisions of the second paragraph of Article 29 of these Measures.

Thirty-first candidates are recommended by the owners themselves or jointly to the preparatory group. The preparatory group shall verify the qualifications of the candidates in accordance with Article 25 of the Regulations on Property Management in Guangdong Province, and ensure that there are not less than 1 person for all kinds of property candidates in the property management area.

Article 32 The preparatory group shall publicize the names of candidates to be recommended to all owners for not less than 7 days.

During the publicity period, if the owner thinks that the candidate does not meet the conditions stipulated in Article 25 of the Guangdong Property Management Regulations, he shall submit it to the preparatory group in the form of written signature; After verification and confirmation by the preparatory group, it will no longer be included in the candidate list, and all owners will be notified.

Thirty-third the preparatory group shall complete the preparatory work within 6 months from the date of its establishment, and organize the first owners' meeting.

The preparatory group organized the first owners' meeting within 6 months from the date of its establishment, but failed to reach a resolution, and its working period was extended by 6 months; If the voting management statute, the rules of procedure of the owners' congress and the election of the first owners' committee are not held within the time limit, the residents' committee and villagers' committee where the property is located shall organize the convening of the voting management statute, the rules of procedure of the owners' congress and the election of the first owners' committee under the guidance and supervision of the subdistrict office and the town people's government.

Since the first meeting of the owners' congress voted to adopt the management statute, the rules of procedure of the owners' congress and elected the first owners' committee, the owners' congress was established. From the date of the establishment of the owners' meeting, the preparatory group will be dissolved by itself.

If the preparatory group fails to organize the first meeting of the owners' meeting within 6 months from the date of its establishment, the preparatory group will be dissolved by itself. The owners may, in accordance with the provisions of Article 20 of these Measures, re-submit a written request for the establishment of the owners' meeting to the subdistrict office and the town people's government, and re-establish the preparatory group.

Section 3 Owners' Meeting

Article 34 The Owner agrees to decide the following matters:

(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) to decide whether to set up the owners' board of supervisors;

(five) to formulate the contents and standards of property services and the charging scheme for property services;

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

(seven) to raise and use special maintenance funds for property, and to formulate a management system for special maintenance funds for property;

(eight) renovation of buildings and their ancillary facilities;

(nine) to change the use of * * * parts and * * * facilities;

(ten) to decide or authorize the owners' committee to decide on the operation mode of * * * parts and * * * facilities and equipment, and to manage and use the operating income;

(eleven) to listen to and consider the work report of the owners' committee, the budget settlement report and the work report of the owners' board of supervisors;

(twelve) to change or cancel the resolution made by some owners and owners' committees in this property management area that conflicts with the decision of the owners' congress;

(13) Matters determined by laws, regulations or management regulations that should be decided by the owner.

Decisions on items (7) and (8) of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people; Decisions on other matters specified in the preceding paragraph shall be subject to the consent of 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.

Article 35 The management statute shall stipulate the following main items:

(a) the use, maintenance and management of the property;

(two) the collection, management and use of special maintenance funds for property;

(3) Operation and income distribution of * * parts, * * facilities and equipment of the property;

(four) to safeguard the interests of the owners;

(5) The owner * * * exercises the management right;

(six) the obligations that the owners should perform;

(seven) responsibility for violation of management regulations.

Article 36 The rules of procedure of the owners' congress shall stipulate the following main items:

(a) the name of the owners' congress;

(two) the responsibilities of the owners' committee;

(3) Rules of procedure of the owners' committee;

(four) the form, time and discussion mode of the owners' meeting;

(five) the method of determining the number of owners' voting rights;

(six) the way the owners' representatives are produced;

(seven) the voting procedure of the owners' meeting;

(eight) the qualifications, number, term of office and termination of duties of members and alternate members of the owners' committee;

(nine) the general election procedures of the owners' committee and the rules for the by-election of the members of the owners' committee;

(10) When the owners' committee is terminated but a new owners' committee is not created, the institutions and personnel acting as the owners' committee and the scope and time limit of their duties shall not violate the provisions of the third paragraph of Article 34 of the Regulations on Property Management in Guangdong Province;

(eleven) the raising, use and management of the working funds of the owners' congress and the owners' committee;

(twelve) the use and management of the seals of the owners' congress and the owners' committee.

Where the owners' congress establishes the owners' board of supervisors, the rules of procedure of the owners' congress shall also stipulate the responsibilities, rules of procedure and working expenses of the owners' board of supervisors, election rules of supervisors, qualifications, number and term of office of supervisors.

Thirty-seventh meetings of the owners' congress are divided into regular meetings and temporary meetings.