What are the property management regulations? Interpretation of Guangdong Property Management Regulations

Property management is an important consideration for every property buyer. What are the property management regulations? What are the regulations for property management in Guangdong?

1, definition of property management regulations

Property management regulations are formulated by the state to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve people's living and working environment. The purpose is to clarify the rights and obligations of owners, property management enterprises and property development and construction units, standardize the behaviors, responsibilities and operations of property management enterprises, owners' congresses and owners' committees, protect the interests of owners, and create favorable conditions for improving people's living and working environment.

The current version of the Property Management Regulations was revised by the State Council in 2007 and came into force on June 10, 2007.

With the deepening of China's urban housing system reform, the ownership structure of housing has undergone major changes, and public housing has gradually changed into individual ownership. At the same time, the relationship between the original public housing manager and the lessee has gradually evolved into the relationship between property management enterprises and housing owners.

In the process of housing system reform and urban construction and development, property management, a new industry, came into being. At present, the number of property management enterprises in China is increasing rapidly. Its appearance and development have played a positive role in improving people's living and working environment, improving the level of urban management and expanding employment. At the same time, there are also some problems that need to be solved through legislation and improvement of the system.

2. Regulations of Guangdong Province on Property Management

The Regulations of Guangdong Province on Property Management (hereinafter referred to as the Regulations) has been revised and passed at the seventh meeting of the Standing Committee of the 11th People's Congress of Guangdong Province, and will come into force on March 1 2009.

The revision and implementation of the "Regulations" is of great significance for standardizing Guangdong's property management activities, safeguarding the legitimate rights and interests of owners and property service enterprises, and building a harmonious community. Compared with the superior law and the original Guangdong Property Management Regulations, what are the characteristics of the Regulations? Recently, the relevant person in charge of the Legal Affairs Committee of the Standing Committee of Guangdong Provincial People's Congress explained this.

Article 5 of the Regulations: "Sub-district offices and township people's governments shall, jointly with the real estate administrative departments of the district and county people's governments where the property is located, give guidance and assistance to the establishment of the owners' meeting and the election of the owners' committee, and coordinate in handling disputes in property management. Residents' committees and villagers' committees shall provide assistance and cooperation. "

Interpretation: According to the regulations, grass-roots organizations mainly participate in community affairs, give guidance and help to the establishment of owners' meetings and the election of owners' committees, and coordinate and handle disputes in property management. After the establishment of the owners' congress, it shall be managed by the owners themselves. Only when the owners' committee fails to organize the owners' meeting as required, the members of the owners' committee collectively resign and the owners' committee holds a general election, will the grass-roots government provide assistance at the request of the owners.

Article 7 of the Regulations: "The property management area is defined according to the scope of the red line map determined by the planning permit for property construction land, combined with facilities and equipment, community construction and other factors. The use of property supporting facilities and equipment shall be designated as a property management area; However, if its facilities and equipment can be used separately, they can be divided into different property management areas. "

Interpretation: The detailed division of property management areas in the Regulations is reflected in many aspects. For example, if the completed residential areas such as old urban areas and villages in the city need to implement property management, it is stipulated that "street offices and township people's governments shall determine the property management areas after soliciting the opinions of relevant owners." If there is any dispute about the delineation of the property management area by the relevant subjects, it shall be determined by the real estate administrative department of the district or county people's government where the property is located after soliciting the opinions of the neighborhood offices, township people's governments, relevant owners and residents' committees where the property is located.

Article 10 of the regulations: "The owner of the house is the owner. A person who has not obtained ownership by registration, but legally occupies the house based on legal acts aimed at transferring ownership, such as buying, selling, giving and compensation for demolition. In the property management activities, enjoy the owner's rights stipulated by laws and regulations and assume corresponding obligations. "

Interpretation: The regulations define the scope of those "prospective owners" here, including buyers, transferees and compensators who have legally occupied houses, but excluding tenants, borrowers and other people who occupy houses for the purpose of transferring ownership. As for the person who obtains the ownership of the house through marriage, inheritance, etc., because it involves other legal relations, it is difficult to list it completely in the regulations, so there is no special provision.

Article 12 of the Regulations: "More than 20% of the owners may jointly submit a written request for the establishment of the owners' meeting to the sub-district office and the township people's government. "

"Has been delivered to the use of the property construction area of the property management area of more than 50%, the owners can submit a written request to the street offices, Township People's government to set up the owners' meeting. "

"Under any of the circumstances mentioned in the preceding two paragraphs, the subdistrict office and the Township People's Government shall, within 30 days, guide and assist the owners to recommend the preparatory group for the owners' meeting jointly with the real estate administrative department of the district or county people's government where the property is located. "

Interpretation: Many provisions of the "Regulations" are aimed at solving the problem of difficult preparations for the owners' meeting. Further clarify the guiding and coordinating role of grass-roots organizations in the preparation of the owners' meeting; The conditions for the establishment of the preparatory group for the owners' meeting are stipulated: either more than 20% of the owners jointly sign, or the delivered property construction area reaches more than 50% of the construction area of the property management area. Under normal circumstances, the establishment of the owners' meeting requires more than 20% of the owners to jointly sign, mainly considering that the preparation of the owners' meeting needs a certain public opinion base. When it is stipulated that the property delivery ratio reaches more than 50%, the owners can also request the establishment of the owners' meeting, and there is no longer the restriction of "more than 20% of the owners jointly sign", mainly to prevent most owners in the community from establishing the owners' meeting after they move in.

Article 22 of the Regulations: "The area and the number of owners shall be determined in the following ways: (1) The area of exclusive parts shall be calculated according to the construction area; The total construction area is calculated according to the sum of exclusive areas. (two) the number of owners of the exclusive part that the construction unit has sold, one household is calculated by one person; The exclusive part of the unsold construction unit is calculated by one person; The total number of people is calculated by the sum of the two. "

Interpretation: The Property Law adopts more than two-thirds and more than one-half calculation rules for owners' voting. Owners in the property management area 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 when making decisions on raising and using special maintenance funds, rebuilding and rebuilding buildings and their ancillary facilities. The decision to formulate and amend the rules of procedure, management regulations and other major matters involving the management rights of * * * and * * shall 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.

However, in the process of implementation, people have different understandings on how to calculate the "exclusive area", "total construction area" and "number of owners", which leads to disputes in some communities. In order to solve the problems encountered in practice, the provincial regulations have refined this.

Article 38 of the Regulations: "The construction unit shall allocate property service rooms in the property management area at a ratio of not less than two thousandths of the total construction area of the property management area, with a minimum of not less than 50 square meters and a maximum of not more than 300 square meters; Among them, the minimum office space of the owners' committee is not less than 10 square meter and the maximum is not more than 60 square meters. For the property developed and built by stages, the construction unit shall allocate the property service space in the pre-developed area according to the proportion of not less than 2 ‰ of the pre-developed building area. Property service rooms should be independent houses with complete sets of decoration above the ground, with water and electricity use functions; For properties without elevators, the floor where the property service room is located shall not be higher than four floors. "

"The ownership of the realty service room belongs to all owners in accordance with the law, which is dedicated to the realty management service and shall not be used for other purposes.

Interpretation: The main purpose of this regulation is to solve the problem of unclear ownership of some property management houses in real life. In addition, in order to systematically protect the legitimate rights and interests of owners of property management houses and other parts of the property, the regulations also clarify the legal obligations of government departments and construction units. According to the regulations, when examining and approving the construction project planning permit, the relevant departments shall specify the location and area of the property service house in accordance with the above provisions. The construction unit shall publish it in the pre-sale of commercial housing. When handling the initial registration of ownership, the real estate register shall indicate the area and number of the property service room and other parts of the property. The owner has the right to inquire.

Relevant provisions of the Regulations:

(The above answers were published on 20 13-07-03. Please refer to the current actual purchase policy. )

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