Measures of Nanjing Municipality on Property Management (2005)

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of the parties and promote the healthy development of the property management industry, these Measures are formulated in accordance with the provisions of relevant laws, regulations and rules such as the Regulations on Property Management of the State Council and the Regulations on Property Management of Jiangsu Province, 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. Article 3 The term "owner" as mentioned in these Measures refers to the owner of the house, that is, the right holder recorded in the house ownership register (including the right holder of the pre-sale registration of commercial housing).

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

The term "property management enterprise" as mentioned in these Measures refers to an enterprise that has obtained independent legal person status according to law and has corresponding qualifications and is engaged in property services. Article 4 Nanjing Real Estate Management Bureau is the administrative department in charge of property management activities in this Municipality, and is responsible for the supervision and management of property management activities in this Municipality. The district (county) property management department is specifically responsible for the supervision and management of property management activities in this area.

Construction, planning, municipal utilities, city appearance, environmental protection, landscape, industry and commerce administration, price, construction, public security, civil affairs and other departments shall, according to their respective responsibilities, coordinate the implementation of these measures.

District (county) people's governments and sub-district offices (town people's governments) are responsible for coordinating the relationship between property management and community construction. Fifth governments at all levels should actively promote the process of specialization, socialization and marketization of property management, establish and improve the market mechanism of property management, and improve the level of property services.

Property management enterprises enjoy preferential policies for the tertiary industry in accordance with relevant regulations. Chapter II Property Management Areas Article 6 Where a construction project involves project initiation, land parcel and general plan of planning and design, it is a property management area. Divide the area into several natural communities with roads, fences or other obvious signs, and the management responsibilities of supporting facilities and equipment are clear. If the construction area is more than 50,000 square meters, it can be divided into several independent property management areas.

Single non-residential buildings and commercial and residential buildings with relatively independent supporting facilities and equipment can be closed for management and can be a property management area; In the area surrounded by natural boundaries such as roads, if there are multiple property areas, they can be merged into one property management area.

Decentralized construction of non-closed areas, by the neighborhood (village) committees combined with community management to divide the scope of property management, to help organize property service activities. Article 7 Where an owner requests to adjust the property management area, he shall submit it to the district (county) property management administrative department, which shall, jointly with the subdistrict office (town people's government), give a reply within 15 days according to the provisions of Article 6 and the actual layout of the local neighborhood committee. Chapter III Owners and Owners' Assemblies Article 8 Owners' Assemblies shall be established in property management areas. The owners' meeting is composed of all owners in the property management area. If the number of owners is less than five, the owners can decide the organizational form of property management by themselves.

In the property management area, if the delivered property construction area reaches 50%, or the delivered property construction area reaches 30% for more than one year, the first owners' meeting shall be held and the owners' committee shall be elected. Article 9 If the conditions for the establishment of the owners' congress are ripe, the construction unit shall inform the district (county) property management administrative department and the sub-district office (town people's government) in writing, and provide the list of owners, the construction area of the property, the delivery time of the property sale and other documents. If the construction unit fails to inform in writing in time, the owner may submit a written request to the district (county) property management administrative department for convening the first owners' meeting.

The district (county) property management administrative department shall, in conjunction with the subdistrict office (town people's government), organize the construction unit and the owners to recommend the members of the preparatory group for the owners' meeting (hereinafter referred to as the preparatory group) within 5 days after receiving the written notice from the construction unit or the written request from the owners. The preparatory group consists of representatives of the construction unit and the owner, and the members are odd numbers not exceeding 15. The list of members shall be publicized within the property management area for 7 days from the date of establishment. If the recommendation fails, the sub-district office (town people's government) shall, jointly with the district (county) property management administrative department, designate members of the preparatory group. Article 10 The preparatory group shall hold the first owners' meeting within three months.

The preparatory group shall inform the district (county) property management administrative department and the subdistrict office (town people's government) of the meeting content and convening method in advance, and the district (county) property management administrative department and the subdistrict office (town people's government) may send representatives to participate according to the actual situation.

The preparatory group is responsible for drafting the owners' convention and the rules of procedure of the owners' congress, and for confirming the identity of the owners and their voting rights at the first owners' congress. The owner shall provide relevant identification, contact address and communication method to the preparatory group of the owners' meeting. The preparatory group is responsible for the authenticity of the owner's vote. Eleventh owners voting rights at the first owners' meeting, the residential property area is calculated according to the number of residential units owned by them, and each unit has one vote; Other property areas can be calculated according to the property construction area recorded in the owner's property certificate, with one vote per square meter, and less than one square meter is not counted.