Regulations of Fujian Province on Property Management

Chapter I General Provisions Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, these Regulations are formulated in accordance with the "Regulations on Property Management" of the State Council and other relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to property management activities within the administrative area of this province. Article 3 Property management shall implement a socialized and market-oriented management system that combines owner's independent management with professional services, and follow the principles of openness, fairness, honesty and credit, market competition and standardized services. Article 4 The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant administrative departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in supervision and management related to property management according to law.

Township (town) people's governments and urban neighborhood offices are responsible for coordinating the relationship between property management and community construction, and assisting relevant administrative departments in supervising property management activities. The residents' committee (community neighborhood committee) shall guide, coordinate and supervise the owners' assembly and the owners' committee in accordance with the relevant provisions. Fifth to encourage the establishment of property management industry associations according to law. Property management industry associations should strengthen industry guidance and industry self-discipline, publish price quotations of property services, encourage property management enterprises to innovate constantly, and promote property management enterprises to improve service quality and service level. Chapter II Owners' Congress and Owners' Committee Article 6 All owners in the property management area form the owners' congress.

A property management area establishes an owners' meeting.

In a property management area, the construction area of the property sold and delivered for use reaches more than 50%, or the first property has been sold and delivered for use for two years, the first owners' meeting shall be held and the owners' meeting shall be established. If the number of owners is small and it is decided not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee. Article 7 The division of property management areas shall be determined according to the approved land use scope of property project planning, community layout, property facilities and equipment, building scale and other factors.

An area built by stages or developed and built by two or more construction units shall be divided into a property management area, and supporting facilities and equipment shall be used. However, if this area has naturally formed a number of relatively independent and closed communities, it can be divided into different property management areas.

Different property management areas that have implemented property management can be merged into one property management area with the consent of their respective owners' meetings. Article 8 Where a construction unit applies for a construction project planning permit and requests the real estate administrative department of the county (city, district) people's government to divide the property management area, the real estate administrative department of the county (city, district) people's government shall divide the property management area in accordance with the provisions of Article 7 of these regulations. However, for areas that have naturally formed and are uncontroversial, local residents' committees (community neighborhood committees) will not re-divide them after submitting written suggestions to the real estate administrative department of the county (city, district) people's government and confirming that there is no objection.

Need to adjust the property management area, the county (city, district) people's government real estate administrative departments in conjunction with the urban neighborhood offices or township (town) people's government, in accordance with the provisions of Article 7 of this Ordinance, combined with the layout of local residents' committees (community residents' committees) to divide the property management area. Article 9 If the property management area meets the conditions stipulated in the third paragraph of Article 6 of these regulations, the construction unit shall submit a written report on the establishment of the owners' meeting to the real estate administrative department of the county (city, district) people's government within 30 days, and provide the owners' inventory, property construction area, property sales delivery time and other documents; If the construction unit fails to submit a written report or the construction unit no longer exists, the owners may make a written request to the real estate administrative department of the county (city, district) people's government for the establishment of the owners' meeting.

The real estate administrative department of the county (city, district) people's government shall, within 30 days from the date of receiving the written report of the construction unit or the written request of the owners, organize the establishment of the preparatory group for the owners' meeting in conjunction with the township (town) people's government or the city street office (hereinafter referred to as the preparatory group) and determine the convener of the preparatory group.

The preparatory group consists of five to eleven representatives from the owners and residents' committees (community neighborhood committees), and the construction unit may also be invited to participate. Representatives of the owners shall be recommended by the owners, and their proportion shall not be less than two thirds of the total number of the preparatory group. The preparatory group shall, within seven days from the date of its establishment, announce the list of its members within the property management area. Article 10 The preparatory group shall make the following preparations:

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

(two) to draft the rules of procedure of the owners' congress, the owners' convention and the articles of association of the owners' committee;

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

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

(five) to determine the conditions and methods for the formation of candidates for members of the owners' committee;

(six) to organize the production of candidates for the first session of the owners' committee;

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

Items (1) to (6) specified in the preceding paragraph shall be publicized in the property management area in written form fifteen days before the first owners' meeting. If the owners have any objection to the number of voting rights, the preparatory group shall conduct a review.