Interim Measures for the Administration of Urban Residential Property in Sichuan Province

Chapter I General Provisions Article 1 In order to strengthen the management of urban residential property, ensure the rational use of residential property, maintain the public order of residential buildings and create a good living environment, these measures are formulated in accordance with the relevant provisions of the state and the actual situation in Sichuan Province. Article 2 These Measures shall apply to the urban residential property management activities within the administrative area of Sichuan Province. Article 3 The term "residential property" as mentioned in these Measures refers to all kinds of urban houses and their supporting facilities, equipment and public venues.

The term "property management" as mentioned in these Measures refers to the activities of property management enterprises and residential owners and users to carry out maintenance, repair and transformation of various houses and their supporting facilities, equipment, greening, sanitation, transportation, public security and environmental appearance according to the contract.

The term "owner" as mentioned in these Measures refers to the owner of residential property; The user refers to the lessee or other actual users of the house.

The term "property management enterprise" as mentioned in these Measures refers to an enterprise that has obtained the qualification certificate and business license of the property management enterprise, accepted the entrustment of the owners or the owners' management committee, conducted professional management in accordance with the property management entrustment contract, and implemented paid services. Article 4 The administrative departments of construction of the provincial people's government and the real estate management departments determined by the people's governments of cities, prefectures and counties and the regional administrative offices are the property management departments of the people's governments at the same level and the regional administrative offices, and supervise and guide the residential property management activities within their respective administrative areas. Fifth people's governments at all levels of planning, industry and commerce, public security, municipal utilities, sanitation and other management departments in accordance with their respective responsibilities, the implementation of supervision and guidance of residential property management activities. City street offices shall assist and cooperate with relevant departments to do a good job in supervision and guidance. Sixth residential property management by the owners themselves, the owners can entrust property management companies to implement professional service management.

Entrust property management companies to implement professional service management, should introduce competition mechanism, and gradually implement bidding. Article 7 The ownership and use right of the owner or user of a house, as well as the ownership and use right of supporting facilities and equipment, public places and green spaces jointly owned by the owner or user according to law, are protected by law and may not be occupied by others. Chapter II Owners' Management Committee Article 8 Urban residential areas (buildings) shall implement the system of owners' meeting in accordance with the provisions of these Measures, and the owners' meeting shall discuss and decide on major issues of independent management of residential properties and elect owners' management committees. Ninth urban residential areas (buildings) in any of the following circumstances, the property management department where the property is located in conjunction with the residential sales unit to convene the owners to convene the owners' meeting:

(a) the sale rate of public housing reached 40% of the total construction area;

(two) the occupancy rate of commercial housing reached 50%. Tenth owners' meeting shall notify all owners to attend; When the number of owners is large, the owners' representatives shall be elected to participate.

The owners' meeting shall be attended by more than half of the owners; The decision made shall be passed by more than half of the owners attending the owners' meeting.

The owners' meeting shall invite representatives of residents' committees and property users to participate. Eleventh owners' congress shall exercise the following functions and powers:

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

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

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

(four) to decide or authorize the owners' management committee to select and dismiss the property management enterprise;

(five) to decide other important matters of property management. Twelfth after the establishment of the owners' management committee, it shall be reported to the property management department where the property is located for the record. The articles of association of the owners' management committee, the decisions of the owners' congress, the election results and the list of its members shall be submitted for the record.

Only one owner management committee can be established in a residential area (building). Article 13 The owners' management committee is composed of a chairman, vice-chairmen and members, elected among the owners, with an odd number of five or more, and the term of office is three years. Because of the change of property rights, it is no longer the owner of property rights, and it should be re-elected; Re-election can be re-elected. Article 14 The owners' management committee shall perform the following duties:

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

(2) Selecting a property management enterprise through bidding, and signing a property management contract with the property management enterprise;

(three) listen to the opinions and suggestions of residential owners and users, supervise the work of property management enterprises, and assist property management enterprises to implement various management measures;

(four) according to the property management entrustment contract, supervise the property management enterprises, and according to the service level of the property management enterprises, change and terminate the property management entrustment contract according to law;

(five) accept the guidance and supervision of the real estate management department and other relevant departments and the local city people's government.

The owners' management committee shall not engage in profit-making business activities. Fifteenth owners' convention is a code of conduct for the use, maintenance and other management services of the property, which is binding on all owners after being discussed and passed by the owners' meeting.

Owners or property users shall strictly abide by the owners' convention. Chapter III Property Management Enterprises Article 16 Property management enterprises shall, in accordance with the relevant provisions of the state and the province, apply to the property management departments at or above the county level for property management qualification certificates, and only after industrial and commercial registration can they engage in property management activities.

Property management enterprises outside the province to enter the province to engage in property management activities, should hold the qualification certificate and relevant documents to the provincial construction administrative departments for qualification verification procedures.