Measures of Wenzhou Municipality on Property Management Chapter II Owners, Owners' Congress and Owners' Committee

Article 8 The owner of a property (including the owner) is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a general meeting of owners, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws, regulations and rules.

Ninth owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws, regulations and rules.

Article 10 The exercise of rights by an owner shall not harm the lawful rights and interests of other owners. The owner shall not refuse to perform his obligations on the grounds of giving up his rights.

Eleventh a property management area to set up an owners' meeting.

If the number of owners in the property management area is less than 20, with the unanimous consent of all owners, the owners' meeting may not be established, and the owners * * * shall perform the duties of the owners' meeting and the owners' committee.

Twelfth property management area by the property department in conjunction with the street offices, Township People's government according to the following criteria:

(a) the property management area shall be subject to the construction scope determined by the planning department; Has naturally formed an independent property management area and there is no dispute, no longer re-divided;

(two) development by stages or by more than two construction units, * * * with a set of supporting facilities and equipment, should be divided into a property management area; Has been naturally divided or utilized to form a number of relatively independent communities, which can be divided into different property management areas;

(three) different property management areas with natural geographical connections can be merged into one property management area with the consent of their respective owners' meetings.

Thirteenth the following matters shall be decided by the owner * * *:

(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) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Fourteenth property management area has one of the following conditions, the property administrative department shall guide the owners to set up a preparatory group for the owners' meeting to prepare for the first meeting of the owners' meeting; Neighborhood offices, township people's governments and neighborhood (village) committees shall provide assistance:

(1) The construction area of the house for sale reaches more than 60% of the total construction area of the property;

(2) The first house has been sold and delivered for two years, and the building area of the house sold and delivered for use has reached more than 30% of the total building area of the property.

Article 15 The preparatory group of the owners' congress consists of 5-9 representatives recommended by the owners and representatives of the construction unit and residents' committee. Representatives of the construction unit and the neighborhood committee 1 person, and 3-7 representatives of the owner. The method recommended by the owner's representative shall be published in the property management area.

The list of members of the preparatory group shall be published in the property management area for a period of not less than 5 days. During the announcement period, if the owner has any objection to the members of the preparatory group, the preparatory group shall check it. If the objection is established, the member shall be re-recommended; If the objection is not established, it shall be explained to the owner who raised the objection.

Article 16 The preparatory group shall perform the following duties:

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

(two) to formulate the draft rules of procedure of the owners' congress, the draft management statute of the owners and the draft plan for the use of special maintenance funds;

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

(four) the method and list of the candidates for the members of the owners' committee;

(5) Make other preparations for the first owners' meeting.

The preparatory group shall publish items (1) to (4) of this article in a prominent position in the property management area before the first owners' meeting is held to solicit the opinions of all owners.

Article 17 The management statute shall include the following contents:

(a) the use and maintenance rules of some properties in the property management area;

(two) the rights and obligations of the owners to use the exclusive part of the property reasonably;

(3) Rules for cleaning and decoration of roofs, external walls, doors and windows and outdoor facilities of the property;

(four) the rights and obligations to maintain public order in the property management area;

(five) the way the owners share all kinds of expenses in the property management area;

(6) Responsibility for violating management regulations.

The temporary management statute shall be compiled by the construction unit and reported to the property administrative department for the record; The management regulations shall come into effect after being adopted by the owners' meeting.

Eighteenth owners in the property management area can put forward amendments to the relevant provisions of property management within the time limit announced by the preparatory group, and the preparatory group should fully listen to the opinions of the owners.

Nineteenth the preparatory funds for the first meeting of the owners' congress shall be borne by the construction unit.

The construction unit shall, within 0 months after the completion and acceptance of the house, deposit the reserve funds into the bank account designated by the real estate administrative department in accordance with the following standards:

(a) the construction area of 50 thousand square meters (inclusive) below, the preparatory fund is 20 thousand yuan;

(two) the construction area of 50 thousand square meters or more 6.5438+10 thousand square meters (inclusive) is 30 thousand yuan;

(3) 50,000 yuan with a construction area of 654.38+10,000 square meters and 200,000 square meters (inclusive);

(four) the construction area of more than 200 thousand square meters, 80 thousand yuan.

The preparatory group of the owners' congress may apply for the withdrawal of preparatory funds, and the property administrative department shall allocate the preparatory funds for the owners' congress within 3 days from the date of receiving the application.

After the first meeting of the owners' congress, the preparatory group of the owners' congress shall announce the use of preparatory funds to all owners and accept the supervision of all owners. The balance of preparatory funds shall be used for the general election of the owners' congress or included in the property maintenance fund according to the decision of the owners' congress.

Twentieth owners of the preparatory group in the property management area to confirm the number of exclusive owners and the total construction area, the construction unit or property service enterprises shall provide information.

The number of owners is calculated according to the number of proprietary parts, and one proprietary part is calculated according to one person; However, if the same buyer owns more than one exclusive part of the part that has not been sold by the construction unit and has been sold but not delivered, it shall be counted as one person. If there are more than two owners in a property right registration, one owner shall be determined as the voter.

The exclusive area is calculated according to the area recorded in the real estate register; If the property right registration has not been carried out, it shall be temporarily calculated according to the measured area of surveying and mapping institutions; Not measured, temporarily calculated according to the area recorded in the housing sales contract.

Twenty-first owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people in the property management area.

If the owner or the owner's representative is unable to attend the meeting of the owners' congress for some reason, he may entrust an agent to attend the meeting of the owners' congress in writing.

Twenty-second owners' congress decided to raise and use special maintenance funds, and decided to rebuild and rebuild buildings and their ancillary facilities, which should be approved by 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.

The owners' congress decides to formulate and modify the rules of procedure of the owners' congress, formulate and modify the management regulations, elect the owners' committee or replace the members of the owners' committee, select and dismiss the property service enterprises, and decide other major matters involving the management rights of * * * and * * *, which shall be agreed by the owners whose proprietary parts account for more than half of the total construction area and more than half of the total number.

Twenty-third owners' meeting is divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% owners in the property management area, the owners' committee shall organize an interim meeting of the owners' congress.

Twenty-fourth owners' meeting shall be held before 15, and the relevant neighborhood (village) committees shall be notified.

The preparatory group of the owners' congress or the owners' committee shall keep the minutes of the owners' congress.

Twenty-fifth decisions of the owners' congress shall be published in writing within 3 days from the date of making. The rules of procedure and management regulations of the owners' congress shall be copied to all owners.

Twenty-sixth members of the owners' committee are elected among the permanent owners. The members of the owners' committee are composed of more than 5 people in an odd number, with a maximum of 15. The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Members of the owners' committee shall meet the following conditions:

(1) Having full capacity for civil conduct;

(2) Abide by the relevant laws and regulations of the state;

(three) abide by the rules of procedure and management regulations of the owners' congress, and perform the obligations of the owners in an exemplary manner;

(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, with social credibility;

(5) Having certain organizational and communication skills;

(6) Having necessary working hours.

Twenty-seventh owners' committee is the executive body of the owners' congress, and performs the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and non-owners, supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Twenty-eighth owners' committee shall, within 30 days from the date of election, submit the following documents to the property administrative departments, neighborhood offices and township people's governments for the record:

(1) Minutes and resolutions of the owners' meeting;

(two) the rules of procedure of the owners' congress;

(3) the owner management regulations;

(four) the plan for the use of special maintenance funds;

(five) the list of members of the owners' committee;

(six) the resolution of dismissing or renewing the employment of the realty service enterprise.

If the contents of the record of the owners' committee are changed, the owners' committee shall re-record the record within 30 days after the change.

The property administrative department shall issue the owners' congress, the owners' committee filing certificate and the owners' committee seal engraving certificate to the owners' committee elected according to law. The owners' committee shall engrave and use seals according to law.

Article 29 The meeting of the owners' committee shall be convened by the director. If the director is unable to perform his duties for some reason, the meeting shall be convened by the deputy director. Upon the proposal of more than13 members of the owners' committee, a meeting of the owners' committee shall be held.

The meeting of the owners' committee shall be attended by more than half of the members, and the decision shall be agreed by more than half of all the members. The owners' committee may invite owners' representatives and community leaders to attend the meeting as nonvoting delegates.

Thirtieth matters that need to be discussed and decided by the owners' committee shall be announced in the property management area 3 days before the meeting, and the suggestions and opinions of the owners and non-owners shall be listened to.

The owners' committee shall keep the minutes of the meetings of the owners' committee, which shall be signed by the members attending the meeting and stamped with the seal of the owners' committee.

The owners' committee shall, within 3 days from the date of making the decision, announce the decision in a prominent position in the property management area in written form.

Publishing information in the name of the owners' committee shall be decided collectively by the owners' committee and stamped with the seal of the owners' committee.

Thirty-first owners' committee shall formulate regulations on the use and management of seals and files of owners' congress and owners' committee, and establish activity files for owners to inquire.

Thirty-second owners have the right to ask the owners' committee about matters involving their own interests, and the owners' committee shall give a reply.

The owners' committee shall regularly announce the income and expenditure of funds in a prominent position in the property management area and accept the supervision of all owners.

Thirty-third decisions of the owners' congress and the owners' committee shall comply with the provisions of laws, regulations, rules and these measures.

The decisions of the owners' congress and the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may complain to the subdistrict office, the township people's government or the property administrative department, or request the people's court to revoke it according to law.

If the owners' committee makes a decision beyond its authority and infringes on the legitimate rights and interests of the owners, the members who signed the agreement shall bear corresponding legal responsibilities.

Article 34 The owners' committee and its members shall not commit any of the following acts:

(a) to accept the remuneration or other benefits provided by the realty service enterprise and the interested owners;

(2) I, my spouse and close relatives work in the property service enterprise they are employed;

(three) to provide a guarantee in the name of the owners' committee or the owners' congress;

(four) in violation of laws, regulations, rules and regulations.

Thirty-fifth members of the owners' committee in any of the following circumstances, the owners' committee meeting approved the suspension of their duties, and submitted to the next owners' meeting to decide to terminate their duties:

(1) Failing to perform the obligations of the owner and comply with the management regulations, if the circumstances are serious, and refusing to make corrections;

(two) absent from the meeting of the owners' committee for three times without reason within one year;

(3) One of the circumstances in Article 34 of these Measures exists;

(four) for other reasons, it is not suitable to be a member of the owners' committee.

If the owners' committee suspends its duties as a member, it shall listen to the statements and arguments of the parties concerned, and record and file them.

Thirty-sixth members of the owners' committee are under any of the following circumstances, and their duties as members shall terminate automatically:

(a) is no longer the owner of the property management area;

(two) to resign in writing to the owners' congress or the owners' committee;

(3) Having lost the ability to work due to illness or other reasons;

(four) due to illegal crimes and other reasons can not fulfill the obligations of members.

Article 37 Where the duties of members of the owners' committee are suspended or terminated, the owners' committee shall make an announcement in a prominent position in the property management area, and report it to the property administrative department, sub-district offices and township people's governments for the record in accordance with the provisions of Article 28 of these Measures.

Members of the owners' committee whose duties are suspended or terminated shall, within 3 days from the date of announcement, hand over their financial vouchers, files, seals and other property belonging to all owners to the owners' committee.

Article 38 The term of office of the owners' committee is 3-5 years, and the specific term is determined by the rules of procedure of the owners' congress.

The owners' committee shall convene a meeting of the owners' congress two months before the expiration of the term of office to complete the general election.

If the general election is not held within the time limit without justifiable reasons, the property administrative department shall, jointly with the subdistrict office or the township people's government, urge the owners' committee to complete the general election before its term expires.

If the owners' committee is dissolved by itself or its term of office has not changed, the property administrative department shall, jointly with the subdistrict office or the township people's government, guide the owners to set up a preparatory group for the change, convene a meeting of the owners' general assembly and complete the general election.

Article 39 The owners' committee shall, within 3 days from the expiration of its term of office, hand over the financial vouchers, files, seals and other property belonging to all owners to the new owners' committee.