Measures of Harbin Municipality on the Administration of Residential Property

Chapter I General Provisions Article 1 In order to standardize the use, maintenance and other management service activities of residential properties, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, safe and comfortable living environment, these Measures are formulated in accordance with the relevant provisions of the state and in light of the actual situation of this Municipality. Article 2 These Measures shall apply to the residential property management within the planned area of this Municipality. Article 3 The term "residential property" as mentioned in these Measures refers to houses and related public facilities.

The term "owner" as mentioned in these Measures refers to the owner of the house.

The term "user" as mentioned in these Measures refers to the lessee of the house and other people who actually use the property.

The term "property management enterprise" as mentioned in these Measures refers to an enterprise that is qualified, obtains a business license, and is entrusted by the owners or the owners' committee to provide professional management services according to the property management service contract. Article 4 Property management shall follow the principle of combining self-management by owners with professional management services entrusted by property management enterprises. Article 5 The municipal real estate management department (hereinafter referred to as the municipal real estate department) is the administrative department of this Municipality's real estate management, and is responsible for organizing the implementation of these Measures.

The relevant administrative departments shall, in accordance with their respective responsibilities, coordinate the implementation of these measures.

Sub-district offices shall assist relevant administrative departments to supervise property management and coordinate the relationship between property management, community management and community service. Chapter II Self-management of Owners Article 6 The owners' committee is an organization that implements self-management of property on behalf of all owners in the property management area.

A property management area establishes an owners' committee.

The scope of the property management area is defined by the municipal real estate department according to the relevant situation of residential and public facilities. Article 7 The owners' committee is elected by the owners' congress or the owners' congress, and the owners' committee is held by the owners.

A property management area, with one of the following circumstances, the municipal real estate department shall, jointly with the residential units for sale, organize the first owners' meeting or owners' congress, and elect the owners' committee:

(a) the construction area of public housing sold exceeds 30%;

(two) the occupancy rate of new commercial housing reached more than 60%;

(3) The residence has been sold for two years. Eighth owners' congress is composed of all owners in the property management area; If there are a large number of owners, the owners' representatives shall be elected in proportion to form the owners' congress within the property management area.

The owners' congress or owners' congress shall be attended by more than half of the owners or owners' representatives. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of all owners or by more than half of all owners' representatives.

The owners' committee shall convene the owners' congress or owners' congress at least once a year; Upon the proposal of more than 15% of the owners or owners' representatives, the owners' committee shall convene a meeting of owners or owners' representatives on the proposed topic.

The owners' congress or owners' congress shall invite representatives of residents' committees and users to attend. Article 9 The owners' congress or the owners' congress shall exercise the following functions and powers:

(a) to elect and recall members of the owners' committee;

(2) Examining and adopting the articles of association of the owners' committee and the owners' convention;

(three) to listen to and consider the work report of property management services;

(four) to decide on other major matters of property management. Article 10 The owners' committee shall, within 0/5 days from the date of election, submit the following documents to the municipal real estate department for the record:

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

(2) Articles of association of the owners' committee. Eleventh owners committee according to the size of the property management area, from 9 to 65 +05 people.

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

The term of office of the owners' committee is 3 years. Twelfth owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

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

(2) Hiring or dismissing a property management enterprise, and concluding, modifying or terminating a property management service contract with the property management enterprise;

(three) responsible for the use and management of maintenance funds in accordance with these measures;

(four) to examine and approve the annual plan, financial budget and final accounts of property management services proposed by the property management enterprise;

(five) to listen to the opinions and suggestions of the owners and users, and to supervise the management service activities of the property management enterprises;

(six) to supervise the rational use of public buildings and public facilities;

(seven) other duties entrusted by the owners' congress or the owners' congress.

The owners' committee shall hold regular meetings, and the meeting shall be valid only if more than half of the members are present, and the decision shall be passed by more than half of all the members. Thirteenth residential units for sale shall provide necessary property management services in the property management area in accordance with the prescribed proportion. If the construction area is less than 6,543.8+million square meters (including 6,543.8+million square meters), it shall be provided in the proportion of 0.7% of the total construction area; if the construction area is greater than 6,543.8+million square meters, it shall be provided in the proportion of 0.5% of the total construction area. The sale of public housing provides funds at 5% of the house price for the purchase of property management services.

Where the government centrally organizes the development and construction, the property right of the property management service room belongs to the government, which is managed by the owners' committee and used by the property management enterprises; Other development and construction units, property management services housing construction costs have been included in the cost of commercial housing, property rights owned by all owners, owners' committee management, property management companies use; The sale of public residential units provides funds at the rate of 5% of the house price, and the property rights of the houses purchased for property management services are owned by the government, managed by the owners' committee and used by property management enterprises.

The property management enterprise signs a lease contract with the owners' committee to lease the house for property management services. The income from property management service rooms is used for housing maintenance and supplementary property maintenance expenses.