Detailed rules for the implementation of property management regulations and related contents

In our contact with the property, we often encounter such problems, such as whether the property company can refuse to pay the property management fee without signing a service contract with the owner. After the owner refuses to pay the property management fee, is it legal for the property management company to cut off water and electricity for the owner? These should be based on the relevant contents of the Property Management Regulations. The following is the detailed rules for the implementation of the property management regulations and its related contents.

property management regulations

(Promulgated by DecreeNo. 10 in 2004) Decree No.379 of the State Council of the People's Republic of China, June 8, 2003. According to the Decision of the State Council on Amending the Regulations on Property Management on August 26th, 2007).

Chapter I General Provisions

Rule number one. These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people.

Article 2 The term "property management" as mentioned in these Regulations refers to the property management enterprises selected by the owners and property management enterprises.

Industry in accordance with the property service contract, the housing and supporting facilities and related sites for maintenance, conservation, management, maintenance of environmental sanitation and order in the relevant areas.

Article 3 The administrative department of urban construction in the State Council shall be responsible for the supervision and management of property management activities throughout the country.

Article 4. The state encourages the adoption of new technologies and methods in property management, and relies on scientific and technological progress to improve the management and service level.

Fifth, the state encourages owners to choose property management companies through an open, fair and just market competition mechanism.

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.

Chapter II Owners and Owners' Congress

Article 6. The owner of the house is the owner.

Owners enjoy the following rights in property management activities:

(a) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(two) to elect members of the owners' committee and enjoy the right to be elected;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(five) to participate in the owners' meeting and exercise the right to vote;

(six) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) to supervise the work of the owners' committee;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Seventh, the owners in the property management activities, fulfill the following obligations:

(a) abide by the owners' convention and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) in accordance with the relevant provisions of the state to pay special maintenance funds;

(four) to pay the property service fee on time;

(five) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(six) other obligations stipulated by laws and regulations.

Eighth, a property management area establishes an owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Ninth, all owners in the property management area form the owners' meeting. The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

Article 10 The owners of the same property management area shall file with the real estate administrative department of the district or county people's government where the property is located.

Under the guidance of the establishment of owners' meeting, and elected owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee. The voting right of the owners at the owners' meeting is determined according to the building area of the property owned by the owners, the number of residential units and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Eleventh, the owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

The owner may entrust an agent to attend the meeting of the owners' congress. The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area. The decision of the owners' meeting is binding on all owners in the property management area.

Twelfth, the owners' congress shall perform the following duties:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area;

(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Article 13 (1) and (2) stipulates that meetings of owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14 Notify all owners 15 days before the owners' meeting.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Fifteenth, the owners' committee is the executive body of the owners' congress, and performs the following duties:

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

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress.

Sixteenth owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located. Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability. The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Article 17. The owners' convention should stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention. The owners' convention is binding on all owners.

Article 18. The rules of procedure of the owners' congress shall stipulate the way of discussion, voting procedures, the method of determining the voting rights of owners, the composition of the owners' committee and the term of office of members.

(The above answers were published on 20 13-05-23. Please refer to the current actual purchase policy. )

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