Shaanxi Province Property Management Regulations Chapter I General Provisions

The construction administrative department of the provincial people's government is responsible for the supervision and management of property management activities in the province. The administrative departments of property management of the people's governments of cities and counties (cities, districts) with districts shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the supervision and management of property management activities.

Neighborhood offices and Township People's governments shall do a good job in the supervision and management of property management activities within their respective jurisdictions according to law. If the house ownership certificate has been obtained, the obligee recorded in the house ownership certificate is the obligee.

A person who has not registered the ownership of a house, but legally occupies the house on the basis of buying, selling, giving, demolition compensation, etc. , is regarded as the owner in property management activities.

Owners have rights and obligations to certain parts of the property, and shall not fail to perform their obligations on the grounds of giving up their rights. If the property management area meets one of the following conditions, the first owners' meeting may be held:

(a) the sales delivery of housing construction area reached more than 50% of the total construction area in the property management area;

(two) the first house has been sold and delivered for two years, and the construction area of the house sold and delivered for use has reached more than 20% of the total construction area in the property management area. If the property management area conforms to the provisions of Article 9 of these regulations, the construction unit shall inform the county (city, district) property management administrative department, subdistrict office and Township People's government where the property is located in writing within 15 days, and make an announcement in the property management area. If the construction unit fails to fulfill the obligation of informing in time, the owner may inform in writing.

Neighborhood offices and Township People's governments shall organize the establishment of the preparatory group for the owners' meeting within 30 days after receiving the written notice. County (city, district) property management administrative departments shall give guidance.

Neighborhood offices and Township People's governments fail to perform the duties of organizing the establishment of the preparatory group for the owners' congress within the prescribed time limit, and the owners can organize the establishment of the owners' congress by themselves and exercise the rights of the owners' congress in accordance with the provisions of these regulations. The preparatory group of the owners' congress consists of five to nine people, including one staff member of the subdistrict office or the township people's government, one representative of the construction unit and one representative of the rest of the owners.

The head of the preparatory group of the owners' congress is the staff of the sub-district office and the township people's government, and the owners' representatives are elected by the owners.

The list of members of the preparatory group of the owners' congress shall be published within the property management area within seven days from the date of its establishment. The preparatory group of the owners' congress shall perform the following duties:

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

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

(three) to confirm the identity of the owners, make a list of owners, and determine the number of voting rights of the owners at the first meeting of the owners' general assembly;

(four) to formulate the election method of the owners' committee;

(five) put forward the list of candidates for members of the owners' committee;

(six) to undertake other preparatory work for the first meeting of the owners' congress.

The preparatory group of the owners' congress shall publicize the contents of items (1) to (5) of the preceding paragraph in the property management area fifteen days before the first meeting of the owners' congress is held. The preparatory group of the owners' congress shall, within 60 days from the date of its establishment, organize the first meeting of the owners' congress and elect the owners' committee.

The preparatory group of the owners' congress shall, from the date of the election of the owners' committee, hand over the list of owners and other related materials and terminate the activities.

The funds required for the preparatory work of the owners' congress shall be borne by the construction unit.

Section 2 The following matters of the owners' meeting shall be decided by the owners' meeting:

(a) to formulate and modify the management statute and the rules of procedure of the owners' congress;

(2) Electing and replacing members of the owners' committee;

(three) to hear and pass the work report of the owners' committee;

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

(five) management, use and continue to raise special maintenance funds;

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

(seven) to revoke the inappropriate decision of the owners' committee;

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

When the owners' congress decides on the matters specified in items (5) and (6) of the preceding paragraph, it shall obtain 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 owners; 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.

The owners' committee shall announce the decision within the property management area within three days from the date when the owners' congress makes a decision, and inform all owners in writing. The meeting of the owners' congress shall be attended by the owners whose exclusive parts account for more than half of the total construction area in the property management area, and the owners who account for more than half of the total number.

The meeting of the owners' congress may take the form of collective discussion or written comments. In the form of collective discussion, all owners can participate, or representatives elected by the owners can participate; In case of soliciting opinions in written form, the owners shall sign their opinions with their real names, and the owners' committee will publicize the results of soliciting opinions in the property management area, and the owners have the right to consult relevant materials.

The owner may entrust others to attend the meeting of the owners' congress, but shall issue a written power of attorney and specify the entrusted matters.

The meeting of the owners' congress shall vote by secret ballot. The management statute shall stipulate the rights and obligations of the owner for rational use of the exclusive part, the methods for the use, maintenance, conservation, management and income of the property part, and the way for the owner to share the expenses in the property management area, and the responsibilities that the owner shall bear in violation of the management statute.

The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the number of owners' voting rights, members and numbers of owners' committees, term of office, etc.

The management statute and the rules of procedure of the owners' congress shall not violate laws and regulations or harm the public interests, and the model text shall be formulated by the provincial construction administrative department. Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress.

In any of the following circumstances, the owners' committee shall organize an interim meeting of the owners' congress:

(a) proposed by the owners who account for more than 1/5 of the total number;

(two) emergencies need to be dealt with in a timely manner;

(three) other matters stipulated in the rules of procedure of the owners' congress that should convene an interim meeting of the owners' congress.

The owners' committee shall, fifteen days before the meeting of the owners' congress, announce the topics, time, place, methods and voting matters of the meeting in the property management area, and inform all owners in writing, except item (2) of the preceding paragraph. If the owners' committee fails to perform the duties of organizing the meeting of the owners' congress according to the regulations, the owners may request the neighborhood offices and the Township People's Government where the property is located to order it to organize the meeting within a time limit; If it is not convened within the time limit, the neighborhood offices and township people's governments where the property is located shall organize the owners' meeting.

Section 3 Owners' Committee The owners' committee is the executive body of the owners' congress, elected by the owners' congress, responsible for and reporting its work to the owners' congress, and subject to the supervision of the owners' congress and the owners. The owners' committee shall perform the following duties:

(a) the implementation of the decision of the owners' meeting;

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

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

(four) to review the expenses that need to be shared by the owners;

(five) to supervise and manage the income of the owners;

(six) to supervise and assist the realty service enterprise to perform the realty service contract;

(seven) supervision and management rules and regulations, property management system compliance and implementation;

(eight) to mediate disputes over the use of property;

(nine) other duties entrusted by the owners' congress. The owners' committee consists of the chairman, deputy directors, members and alternate members.

The number of members of the owners' committee is odd, and the term of office of members is generally three years, and they can be re-elected.

The specific number of members of the owners' committee and other matters shall be stipulated by the rules of procedure of the owners' congress. The owners' committee may employ full-time personnel to handle the daily affairs of the owners' committee as required.

The allowances of the chairman, vice-chairman and members of the owners' committee and the wages of full-time staff shall be decided by the owners' meeting. Members of the owners' committee are elected by the difference, and the difference ratio shall not be less than one fifth.

If the chairman, vice-chairman and members of the owners' committee are not elected, they will be elected as alternate members of the owners' committee in the order of votes. Alternate members shall attend meetings of the owners' committee as nonvoting delegates and have no voting rights. Members of the owners' committee shall be the natural person owners or natural person representatives authorized by the owners of the unit within the property management area, and meet the following conditions:

(1) Having full capacity for civil conduct;

(two) to fulfill the obligations of the owners, not to default on special maintenance funds or to violate the property service contract;

(three) I, my spouse and their immediate family members are not employed in the property service enterprises within the property management area;

(four) law-abiding, enthusiastic about public welfare undertakings, strong sense of responsibility, with a certain degree of credibility and organizational ability;

(5) Having necessary working hours. The owners' committee shall, within 30 days from the date of election, file with the property management administrative department, sub-district office or Township People's Government of the county (city, district) where the property is located. The following materials shall be submitted for the record:

(a) management regulations, rules of procedure of the owners' congress;

(two) the minutes and decisions of the owners' meeting;

(three) the list of members of the owners' committee and their basic information.

After receiving the above materials, the property management administrative department shall issue a receipt for filing within five days.

After receiving the receipt for filing, the owners' committee shall inform the realty service enterprise of the filing and make an announcement within the realty management area.

When the record items are changed, the owners' committee shall report to the original record-keeping unit in writing within fifteen days from the date of change, and inform the realty service enterprise. Members of the owners' committee shall not have the following acts:

(a) to accept the benefits or property provided by the property service enterprises or property management stakeholders;

(two) to undertake the business of property service enterprises in the property management area or recommend others to work in the enterprise;

(3) accepting other interests that may hinder the fair performance of duties. Members of the owners' committee shall be terminated in any of the following circumstances:

(1) I, my spouse and their immediate family members work in the realty service enterprise within the realty management area;

(2) The owner no longer owns the property due to the transfer or loss of the property;

(three) due to illness or other reasons can not perform their duties;

(4) being sentenced to punishment. In any of the following circumstances, the members of the owners' committee shall be terminated by the meeting of the owners' general assembly:

(1) Failing to perform the duties as a member of the owners' committee or being absent from the meetings of the owners' committee for three times without reason;

(two) do not fulfill the obligations of the owners, do not comply with the management regulations, the circumstances are serious and refuse to correct;

(three) in violation of the provisions of article twenty-eighth;

(four) to submit his resignation to the owners' meeting or the owners' committee;

(five) for other reasons, it is not suitable to be a member of the owners' committee. If the qualification of the director of the owners' committee is terminated, a deputy director shall be elected as the director by the members of the owners' committee; Where the qualification of deputy director is terminated, the members of the owners' committee shall elect the deputy director from among the members; If the membership is terminated, the alternate members shall make up the votes in turn. The owners' committee shall timely announce the changes of members in the property management area.

Where the membership of the owners' committee is terminated, the relevant materials, seals and other items kept by the owners' committee shall be returned to the owners' committee within three days from the date of termination. The meeting of the owners' committee shall be convened by the director. When the director is unable to perform his duties for some reason, he shall be called by the deputy director entrusted by him; When the director is unable to perform his duties due to the loss of membership of the owners' committee, the deputy director shall give priority to convening.

If more than 1/3 members propose to convene a meeting of the owners' committee, a meeting of the owners' committee shall be convened. If the director or deputy director fails to convene a meeting of the owners' committee without justifiable reasons, the neighborhood offices and township people's governments where the property is located shall designate other members of the owners' committee to convene a meeting of the owners' committee. The meeting of the owners' committee shall be attended by more than half of the voting members, and the meeting decision shall be signed by more than half of the voting members.

The owners' committee shall, within three days from the date of making a decision, announce the meeting and decision within the property management area. The owners' committee shall put forward a list of candidates for the general preparatory group two months before the expiration of the term of office, and publicize it in the property management area. If the owner fails to raise any objection within fifteen days, the general preparatory group shall be established according to the list of publicity personnel; If more than half of the owners raise objections, the owners' committee shall resubmit the list of candidates.

The preparatory group for the general election of the owners' committee put forward a list of candidates for the new owners' committee on the basis of soliciting the opinions of the owners, with the difference ratio not less than one fifth, and publicized in the property management area. Members of the preparatory group for the general election shall not be elected as members of the new owners' committee.

The preparatory group for the general election of the owners' committee shall, before the expiration of the term of office of the owners' committee, organize a meeting of the owners' general assembly to elect a new owners' committee. Owners who account for more than one-fifth of the total number may jointly put forward suggestions to the owners' assembly or owners' committee to recall members of the owners' committee. The owners' committee shall organize an interim meeting of the owners' congress within fifteen days from the date of receiving the recall proposal.

The recall of members of the owners' committee by the owners' congress must be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

Section IV Other Clauses The decisions of the owners' congress and the owners' committee are binding on all owners in the property management area. The owners' congress and the owners' committee shall not make decisions that violate laws and regulations or have nothing to do with property management in this property management area.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the property management administrative department of the county (city, district) where the property is located or the subdistrict office or the Township People's government shall order it to correct or cancel its decision within a time limit and notify all the owners.

If the decision made by the owners' congress or the owners' committee damages the legitimate rights and interests of the owners, the injured owners may request the people's court to revoke it. The funds for the work of the owners' congress and the owners' committee shall be borne by all owners, and the raising, management and use of funds shall be decided by the owners' congress.

The use of funds by the owners' congress and the owners' committee shall be published regularly in written form, and the owners may inquire about it.