Chapter I General Provisions of Yinchuan Property Management Regulations

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses, supporting facilities, equipment and related sites by hiring property service enterprises, and to maintain the environmental sanitation and order in the relevant areas.

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

The term "property user" as mentioned in these Regulations refers to the actual user of the property other than the owner. Yinchuan real estate administrative department is responsible for the supervision and management of the city's property management activities.

Entrusted by the real estate administrative department of Yinchuan City, Yinchuan Property Management Office is responsible for the supervision and management of property management activities in xingqing district, jinfeng district and Xixia District.

Yongning County, Helan County and lingwu city real estate administrative departments are responsible for the supervision and management of property management activities within their respective jurisdictions. A property management area establishes an owners' meeting.

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.

The division of property management areas should consider factors such as property facilities and equipment, building scale and community construction, and follow the principle of relative concentration and easy management. Owners in the same property management area shall set up owners' meeting and elect owners' committee under the guidance of the property administrative department where the property is located; If there is only one owner, or the number of owners is small, and all the owners agree to decide not to set up the owners' meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.

In the same property management area, the delivered exclusive part of the construction area has reached more than 50% of the total construction area, or two years after the first delivery, the delivered exclusive part of the construction area has reached more than 30% of the total construction area, the construction unit or sales unit shall organize the owners to hold the first owners' meeting.

The cost of the first owners' meeting shall be borne by the property construction unit or the selling unit. The following matters shall be decided by the Owner * * *:

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

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

The matters specified in Items (5) and (6) shall be approved by the owners whose exclusive parts account for more than two thirds of the total construction area and more than two thirds of the total number; Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people in the property management area.

The owner may entrust an agent to attend the meeting of the owners' congress, but shall issue a written power of attorney to clarify the authorization authority.

The decision of the owners' meeting is binding on all owners in the property management area.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it. 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. If a meeting of the owners' congress is held, all owners shall be informed 15 days before the 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. The owners' committee is the executive body of the owners' congress, and the number of members is determined by the owners' congress, which is generally an odd number of more than 5 people. Members of the owners' committee shall be owners who consciously fulfill their obligations, are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational skills. However, the owners, spouses and immediate family members who work in the property service enterprises that provide services for the property management area shall not serve as members of the owners' committee.

The term of office of the owners' committee shall be determined by the rules of procedure of the owners' congress, and its members may be re-elected. If the members of the owners' committee are terminated during their term of office, their membership will be terminated by themselves, and the owners' committee shall promptly add members in accordance with the rules of procedure of the owners' congress.

Candidates for members of the owners' committee may be recommended by the owners or recommended by themselves.

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

Within 10 days from the date when the new owners' committee is elected by the owners' congress, the original owners' committee shall hand over the relevant documents, files and other materials, seals and other property belonging to all owners to the new owners' committee, and complete the handover. If the membership of the owners' committee is terminated during the term of office, the documents and property kept by the owners' committee shall be handed over to the current owners' committee within 5 days from the date of termination. The owners' committee shall perform the following duties in addition to the duties stipulated in the Regulations of the State Council Municipality on Urban Property Management:

(a) to formulate the management, use and distribution scheme of the income from the use of parts and facilities of the property;

(two) according to the decision of the owners' meeting, on behalf of all owners to participate in the litigation caused by property management activities. After the election of the owners' committee, it shall be publicized in the property management area in a timely manner and filed with the real estate administrative department where the property is located within 30 days.

Where the matters recorded by the owners' committee are changed, they shall be re-recorded and publicized in accordance with the provisions of the preceding paragraph. The management agreement shall include the following contents:

(a) the name, location, area and number of households of the property;

(2) Organizing the owners' committee;

(three) the owner's right to use the public places and facilities in his property and property management area;

(four) the owners' right to participate in property management;

(five) the owners' right to supervise the owners' committee and the property management service enterprise;

(six) the payment, use and supervision of various maintenance, conservation and management fees of the property;

(seven) the code of conduct that the owners should abide by in this property management area and the obligation to provide the contact address and communication mode to the owners' committee through appropriate channels;

(eight) responsibility for violation of management regulations. Management regulations are binding on all owners.

After the management statute is adopted by the owners' meeting, the owners' committee shall publicize it in the property management area in time and put it on record with the real estate administrative department where the property is located within 15 days.

After the revision of the management statute, it shall be re-filed and publicized in accordance with the provisions of the preceding paragraph. The owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department where the property is located shall order it to correct or revoke its decision within a time limit and notify all owners. The owners' congress and the owners' committee shall cooperate with the public security organs and residents' committees to do a good job in social security and environmental sanitation in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision within the scope of property management duties.

The decisions made by the owners' assembly and the owners' committee in residential areas shall be informed to the residents' committee, and the suggestions of the residents' committee shall be carefully listened to. The working expenses of the owners' congress and the owners' committee shall be borne by all owners, and the way of raising the expenses, the staff allowance or salary standard of the owners' committee shall be decided by the owners' congress.

The use of funds for the work of the owners' congress and the owners' committee shall be regularly published in written form in the property management area, and the owners' questions shall be accepted. The rights and obligations of property users in property management activities shall be agreed by the owners and users, but they shall not violate laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.