Anhui Province Property Management Regulations Chapter I

These Regulations shall apply to the property management activities and their supervision and management within the administrative area of this province.

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area. The administrative department of housing and urban and rural construction of the provincial people's government is responsible for the supervision and management of property management activities within the administrative area of this province.

The administrative department of real estate of the people's government of a city or county (city) divided into districts shall be responsible for the supervision and management of property management activities within their respective administrative areas. The District People's Government shall determine a department responsible for the supervision and management of property management activities within its administrative area.

Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, cooperate with each other and do a good job in relevant supervision and management. Subdistrict offices and Township People's governments, under the guidance of the real estate administrative departments of the people's governments at the county level, are specifically responsible for organizing and coordinating the establishment of the owners' congress and the general election of the owners' committee within their respective jurisdictions, mediating property management disputes between owners, owners' committees and property service enterprises, and coordinating the relationship between property management and community management and community service.

Residents' committees and villagers' committees shall assist neighborhood offices and Township People's governments in property management. The owner of the house is the owner.

The confirmation of the identity of the owner of the house is based on the house registration book or other valid documents stipulated by laws and administrative regulations. In addition to the rights stipulated in the Property Management Regulations of the State Council, the owners also enjoy the following rights:

(a) to put forward suggestions or questions to the owners' committee and the realty service enterprise;

(two) the election of representatives of the owners, enjoy the right to be elected;

(three) to enjoy the right to use the property parts and facilities according to law;

(four) require other owners and property users to stop infringing on the interests of * * * *.

In addition to fulfilling the obligations stipulated in the Property Management Regulations of the State Council, the owners shall also cooperate with and support the property management activities implemented by the property service enterprises in accordance with the management regulations and property service contracts. All owners in the property management area form the owners' meeting, and the owners' committee is elected as the executive body of the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

If there is only one owner, or the number of owners is small, and all the owners agree to decide not to set up the owners' meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee. The owners' congress shall carry out activities in accordance with laws, regulations and the rules of procedure of the owners' congress.

In addition to the responsibilities stipulated in the "Property Management Regulations" of the State Council, the owners' meeting shall also perform the following duties:

(a) to decide on major issues involving the interests of the owners in the property management area;

(two) to approve the working rules of the owners' committee;

(three) to listen to and consider the work report of the owners' committee;

(four) to change and cancel the inappropriate decisions of the owners' committee;

(five) to decide on matters related to the work expenses of the owners' congress and the owners' committee. If the owners' congress decides to raise and use special maintenance funds to rebuild or rebuild the building and its ancillary facilities, it shall obtain the consent of the owners whose exclusive parts account for more than two-thirds of the total area of the building and more than two-thirds of the total number of people. Other major matters decided by the owners' meeting involving * * * and * * * management rights shall be agreed by the owners whose exclusive parts account for more than half of the total building area and more than half of the total owners in the property management area.

The area specified in the preceding paragraph and the number of owners shall be determined in accordance with the following provisions:

(a) the exclusive area is calculated according to the area recorded in the real estate register; Without the registration of property rights, it shall be calculated according to the measured area of surveying and mapping institutions; If it is not measured, it shall be calculated according to the area recorded in the house sales contract. The total area of the building is calculated according to the sum of the exclusive areas;

(two) the number of owners, according to the number of proprietary parts, a proprietary part is calculated by one person. If the same buyer owns more than one exclusive part of the unsold part and the sold but undelivered part of the construction unit, it shall be counted as one person. The total number of owners is calculated by the sum of the two. The owners' committee shall carry out activities in accordance with laws, regulations and the decisions of the owners' congress.

In addition to the functions and powers stipulated in the Property Management Regulations of the State Council, with the consent of the owners' meeting, the owners' committee also exercises the following functions and powers:

(a) to consider the management plan, supporting projects and major maintenance projects of the property management area formulated by the property service enterprise;

(two) to consider the collection standards of property service fees in the property management area.

The decision made by the owners' committee shall be adopted by more than half of all members and published in the property management area. In addition to the obligations stipulated in the "Property Management Regulations" of the State Council, the owners' committee shall also perform the following obligations:

(a) to implement the decisions of the owners' meeting and abide by the working rules of the owners' committee;

(two) support and cooperate with the legitimate business and management activities of property service enterprises;

(three) to supervise the behavior of property service enterprises and stop their illegal and improper behavior. A property management area establishes an owners' meeting.

The division of property management areas shall fully consider the factors such as facilities and equipment, building scale, community construction, scale operation, convenient management and reducing management costs, and shall be carried out in accordance with the following provisions:

(a) new residential areas, including construction by stages or by more than two units, should be divided into a property management area according to the overall planning and design scope of the community;

(2) Non-residential properties in newly-built residential areas shall be divided into the same property management area as residential areas;

(3) Smaller residential areas that are naturally connected with each other can be merged into a property management area with the consent of their respective owners' meetings;

(4) Commercial, office, hospital, school, factory, warehouse and other non-residential properties and single commercial and residential buildings with independent facilities and equipment can be closed for management and divided into a property management area.

Residential properties that have been built and managed before the implementation of these regulations can continue to be used as independent property management areas. Residential areas that have not yet implemented property management should create conditions for the implementation of property management. The newly-built property construction unit shall, before handling the pre-sale permit of commercial housing or the filing of the current sale, divide the property management areas in accordance with the provisions of the preceding article, and apply to the real estate administrative department of the people's government of the city or county (city) with districts for division and registration. The construction unit shall clearly indicate the designated property management area to the property buyer.

If it is really necessary to adjust the property management area after demarcation, the real estate administrative department of the people's government of the city or county (city) divided into districts shall, jointly with the subdistrict office and the township people's government, make a decision after listening to the opinions of the owners and make an announcement in the relevant property management area. Meet one of the following conditions, it shall convene the first meeting of the owners' congress:

(a) the occupancy rate reached more than 50%;

(two) the first batch of property delivery for two years, and the occupancy rate of more than 30%;

(three) the first batch of property delivery for three years. Owners preparing for the establishment of the owners' meeting shall be composed of owners' representatives, construction units, residents' committees or villagers' committees under the organization and coordination of sub-district offices and township people's governments, and the proportion of owners' representatives shall not be less than12 of the total number of preparatory groups. The prophase realty service enterprise shall assist the preparatory group of the owners' congress to do the relevant work.

In line with one of the conditions of the first meeting of the owners' congress, but the meeting is not held in time, the sub-district office and the Township People's Government shall set up a preparatory group for the owners' congress within 45 days from the date of receiving the written report from the construction unit, the prophase realty service enterprise or the owners.

The preparatory group of the owners' congress shall publish its member list and job responsibilities within 0/5 days from the date of establishment.

The preparatory funds for the first owners' meeting shall be borne by the construction unit. The preparatory group of the owners' congress shall perform the following duties:

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

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

(three) to confirm the identity of the owners at the first meeting of the owners' congress and determine the number of voting rights of the owners;

(four) put forward the election method, candidate conditions and list of members of the first owners' committee;

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

Regarding the contents specified in the preceding paragraph, the preparatory group of the owners' congress shall make an announcement in the property management area 15 days before the first meeting of the owners' congress, and notify all owners of the time and place of the announcement in writing. Owners' identity, voting rights and management regulations, rules of procedure of owners' congress, draft working rules of owners' committee, etc. The preparatory group of the owners' meeting shall review or modify it and inform the objectors.

The preparatory group of the owners' congress shall organize the first meeting of the owners' congress within 90 days from the date of composition.