Full text of detailed rules for the implementation of Zhejiang property management regulations

(Adopted at the 25th meeting of the Standing Committee of the Tenth People's Congress of Zhejiang Province on May 24, 2006, and revised according to the Decision on Amending the Regulations on Property Management in Zhejiang Province at the 14th meeting of the Standing Committee of the Eleventh People's Congress of Zhejiang Province on October 27, 2009, since June 65438+1 kloc.

Chapter I General Provisions

Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Regulations are formulated in accordance with the "Regulations on Property Management" of the State Council and other relevant laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the property management, use, supervision and management within the administrative area of this province.

Article 3 The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses and their supporting facilities, equipment and related sites in accordance with the property service contract by hiring property service enterprises, so as to maintain environmental sanitation and order in relevant areas.

Article 4 The administrative departments of real estate of the people's governments at or above the county level (hereinafter referred to as the administrative departments of real estate) shall be responsible for the supervision and management of property management within their respective administrative areas.

The relevant administrative departments of the people's governments at or above the county level shall, in accordance with their respective duties, assist in the supervision and management of property management within their respective administrative areas.

Sub-district offices and Township People's governments are responsible for coordinating the relationship between property management and community construction, and assisting the property authorities in guiding and supervising property management.

Chapter II Owners, Owners' Congress and Owners' Committee

Fifth owners in the property management activities, enjoy the rights stipulated in the "Regulations on Property Management" of the State Council, and shall fulfill the obligations stipulated in the "Regulations on Property Management" of the State Council.

Article 6 All owners in the property management area form the owners' meeting.

The owners' congress shall represent and safeguard the legitimate rights and interests of all owners related to property management, and perform the duties stipulated in the Regulations of the State Council Municipality on Urban Property Management.

If the number of owners in the property management area is small and all owners agree unanimously, the owners' meeting may not be established, and the owners * * * shall perform the duties of the owners' meeting and the owners' committee.

Seventh a property management area to set up an owners' meeting.

The property management area is divided by the property administrative department at the county level where the property is located in conjunction with the sub-district offices and township people's governments according to factors such as facilities and equipment configuration, building scale and community construction. The division of property management areas shall solicit the opinions of residents' committees.

Newly built residential areas with the same supporting facilities and equipment, including residential areas built by stages or developed by more than two units, shall be divided into one property management area.

If the newly developed houses within the planning scope of the old city are adjacent to the original houses in the surrounding residential areas, they can be merged into a property management area with the consent of the relevant owners.

Article 8 If the property management area meets one of the following conditions, the property administrative department or the subdistrict office or the township people's government shall guide the owners to set up a preparatory group for the owners' meeting to prepare for the first meeting of the owners' meeting, and the residents' committee shall provide assistance:

(a) the sales delivery of housing construction area reached more than 60% of the total construction area of the property;

(2) The first house has been sold and delivered for two years, and the building area of the house has reached more than 30% of the total building area of the property.

The preparatory group for the owners' meeting is composed of representatives recommended by the owners and representatives of the construction unit and the residents' committee. The list of members of the preparatory group shall be published in writing within the property management area within three days from the date of establishment.

The preparatory group of the owners' congress shall notify all owners of the meeting time, place, topics and agenda before the first meeting of the owners' congress 15, and inform the local property authorities, sub-district offices, township people's governments and residents' committees. The unit receiving the notice shall send representatives to attend the meeting and give necessary guidance.

The preparatory funds for the first owners' meeting shall be borne by the construction unit.

Article 9 The owners' meeting may be held in the form of collective discussion or soliciting opinions in writing; 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 owners in the property management area.

Owners can elect their representatives by building, unit or floor. If the owner is unable to attend the meeting of the owners' general assembly for some reason and needs to be represented by the owner's representative to express his wishes, he shall submit written opinions to the owner's representative before the meeting of the owners' general assembly, which will be forwarded by the owner's representative. If a vote is required, the owner's opinions of approval, opposition and abstention shall be signed by the owner himself.

If the owner or the owner's representative is unable to attend the meeting of the owners' congress for some reason, he may entrust an agent to attend the meeting of the owners' congress in writing.

When a meeting of the owners' congress is held, the time, place, topics and agenda of the meeting shall be informed in writing fifteen days before the meeting is held.

Article 10 The decision made by the owners' congress must be approved by 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.

When the owners' congress makes a decision to raise and use special maintenance funds, rebuild and rebuild buildings and their ancillary facilities, it must be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number. Whether the exclusive part of the construction area and the number of owners who have not voted within the time limit are included in the majority of the exclusive part of the construction area and the number of people who have voted shall be agreed by the rules of procedure of the owners' congress. However, after voting, the construction area and quantity of most exclusive parts should reach more than half of the total construction area and more than half of the total number of owners in the property management area.

Decisions made by the owners' congress within the scope of their duties are binding on all owners in the property management area.

Eleventh meetings of the 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.

If more than 20% of the owners in the property management area propose or meet the conditions stipulated in the rules of procedure of the owners' congress, the owners' committee shall organize an interim meeting of the owners' congress.

Article 12 The owners' committee shall be elected by the meeting of the owners' congress. Members of the owners' committee shall meet the conditions stipulated in the Regulations of the State Council Municipality on Urban Property Management.

The owners' committee is the executive body of the owners' congress, and performs the duties stipulated in the Regulations on Property Management of the State Council according to law.

Thirteenth owners' committee within thirty days from the date of election, with the following documents to the local county property departments and neighborhood offices, Township People's government for the record:

(a) the minutes and decisions of the owners' meeting;

(two) the rules of procedure of the owners' congress;

(3) Management regulations;

(4) List of members of the owners' committee.

The local property administrative department at the county level shall issue the record certificate of the owners' congress and the owners' committee and the seal engraving certificate to the owners' committee elected according to law. The owners' committee shall engrave and use seals according to law.

If the contents of the record of the owners' committee change, it shall be re-filed.

Article 14 The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director. The meeting of the owners' committee must be attended by more than half of the members, and the decision must be agreed by more than half of all the members of the owners' committee.

Matters that need to be discussed and decided by the owners' committee shall be announced in the property management area three days before the meeting, and listen to the suggestions and opinions of the owners and non-owners.

Article 15 The term of office of the owners' committee is three to five years.

Two months before the expiration of the term of office of the owners' committee, a meeting of the owners' assembly shall be held to re-elect the owners' committee. If the term of office of the owners' committee is not re-elected, the property authorities, sub-district offices, township people's governments and residents' committees shall guide the owners to convene a meeting of the owners' general assembly for re-election.

If a new owners' committee is elected by the owners' general meeting, the original owners' committee shall hand over the relevant financial vouchers, files and other documents, seals and other property belonging to all owners to the new owners' committee within 10 days after the expiration of its term of office.

Article 16 In order to safeguard the rights and interests of owners in the property management area, the owners' committee may, upon the decision of the owners' meeting, bring a lawsuit in its own name according to law.

Seventeenth owners' committee and its members do not perform their duties according to law or their actions harm the interests of all owners, the owners in the property management area may propose to convene an interim meeting of the owners' congress in accordance with the provisions of the third paragraph of Article 11 of these regulations. If the owners' committee fails to organize an interim meeting of the owners' congress as required, the property authorities, sub-district offices, township people's governments and residents' committees shall guide the owners to convene.

The temporary meeting of the owners' congress has the right to ask questions according to the rules of procedure of the owners' congress, revoke the decision made by the owners' committee or re-elect the owners' committee according to law.

Article 18 The management agreement shall stipulate the use, maintenance and management of the parts, facilities and equipment used by the property, the management of environmental sanitation and order in the property management area, the maintenance of the appearance of the house, other obligations of the owners and the responsibilities that should be borne in violation of the management agreement.

The management statute shall come into effect as of the date of consideration and adoption by the owners' meeting, and shall be binding on all owners and non-owners.

Nineteenth the rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, membership and number of owners' committees, term of office, etc.

Chapter III Early Property Management

Twentieth the construction unit shall, before obtaining the pre-sale permit of commercial housing, hire a property service enterprise to conduct preliminary management of the property.

Advocate the construction unit to select property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select the realty service enterprise through bidding. However, if the number of bidders is less than three or the construction area of the property management area is small, the construction unit may employ the property service enterprise through agreement with the consent of the local county-level property administrative department.

The construction area standard of the property management area specified in the preceding paragraph shall be stipulated by the municipal and county people's governments. 1 2 3