Regulations of Xiamen Municipality on Property Management in Residential Areas (revised in 2004)

Chapter I General Provisions Article 1 In order to standardize the property management of residential areas in this Municipality, clarify the rights and obligations among owners, users, property management enterprises and development and construction units, ensure the rational use of residential properties, and create a clean, safe, civilized and comfortable living environment, these Regulations are formulated in accordance with the basic principles of relevant national laws and administrative regulations and in combination with the actual situation of this Municipality. Article 2 The residential areas mentioned in these Regulations refer to residential quarters, residential groups, commercial and residential buildings, etc. , mainly residential, supporting public facilities. The scope of residential areas shall be designated by the municipal construction administrative department in conjunction with relevant departments.

The term "owners" as mentioned in these Regulations refers to the owners of residential and non-residential houses in residential areas.

The term "user" as mentioned in these Regulations refers to the lessee of the property and the user who is not the owner.

The term "property management" as mentioned in these Regulations refers to the activities that the owners form the owners' committee and entrust the property management enterprises to manage the * * * part and * * * affairs of their property. Article 3 The municipal construction administrative department is the competent department of residential property management in this Municipality, and is responsible for organizing the implementation of these Regulations.

The relevant administrative departments shall, within the scope of their respective duties, coordinate the implementation of these regulations.

Neighborhood offices and town people's governments shall assist relevant administrative departments to coordinate and supervise property management. Chapter II Self-management of Owners Article 4 The owners shall set up an owners' committee through the election of the owners' congress or the owners' congress to implement self-management of residential properties. Article 5 The owners' congress is composed of all owners of residential areas. If there are a large number of owners, you can also elect owners' representatives to form a meeting of owners' representatives in residential areas.

The owners' meeting or owners' congress (hereinafter referred to as the owners' congress) can be held only when the owners representing more than 50% of the voting rights attend.

The owner may entrust an agent to attend the owners' meeting in writing, and the owner under the age of 18 shall be represented by his legal representative. Article 6 Under any of the following circumstances, under the supervision and guidance of the municipal construction administrative department, the neighborhood office where the residential area is located, and the town people's government, the development and construction unit shall organize the first owners' meeting within six months and elect the owners' committee:

(a) the residential area has occupied 50% of the construction area;

(2) The house has been delivered for two years.

A residential area set up an owners' committee. Article 7 The owners' meeting shall be held at least once a year to vote by voting or other means. Voting rights are calculated by one vote per square meter of construction area or one vote per share. The owner's representative shall exercise the voting rights he represents.

Upon the proposal of the lessee who holds more than half of the voting rights, the first owners' meeting may be postponed, but the specific date and reasons for postponing the owners' meeting shall be put forward in the proposal, and the postponement time shall not exceed six months.

Owners representing more than 20% of the voting rights may propose to convene an interim owners' meeting. The owners' committee shall convene an interim owners' meeting on the proposed topic within ten days after receiving the proposal.

The decision of the owners' meeting shall be adopted by more than half of the voting rights of the owners' representatives present at the meeting. Article 8 The functions and powers of the owners' congress are as follows:

(a) to formulate and amend the articles of association of the owners' committee and the owners' convention;

(two) election and replacement of members of the owners' committee;

(three) to decide on major issues involving public interests in residential areas;

(four) to listen to and consider the work report of the owners' committee, supervise the work of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;

(five) decided to hire and dismiss property management companies, and may authorize the owners' committee to exercise;

(six) to consider the use of special funds for public facilities;

(seven) other functions and powers that should be exercised by the owners' congress. Ninth owners' committee shall, within 30 days from the date of election, report the application for registration of the establishment of the owners' committee and the list of members of the owners' committee to the street office for the record. Article 10 The members of the owners' committee shall be elected by the owners' general assembly from the owners, the owners of directly-managed public houses and self-managed houses or their authorized users. According to the size of the residential area, the owners' committee consists of five to fifteen people, including one director, who is elected by the owners' congress or the owners' committee meeting. The owners' committee is responsible for the owners' meeting.

The meeting of the owners' committee shall be convened by the director, and the meeting must be attended by more than half of the members, and the decision must be agreed by more than half of all the members.

Members of the owners' committee are elected for a term of three years and may be re-elected. Eleventh owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

(a) to consider and decide on the property management plan formulated by the property management enterprise;

(two) to convene and preside over the owners' meeting and report the annual work;

(three) according to the authorization of the owners' congress, sign, change or terminate the entrusted contract of property management with the property management enterprise;

(four) to consider and decide on the report of major and medium repairs of public facilities put forward by the property management enterprise;

(five) to consider the charging standard of residential property management service fees;

(six) to supervise, guide and support the management and service of residential areas by property management enterprises;

(seven) to urge the owners and users to fulfill the owners' convention and pay the property management service fee and house maintenance fee;

(eight) to coordinate the relationship between owners and users and property management companies.

The owners' committee shall not directly engage in profit-making business activities.