Detailed Rules for the Implementation of Guangdong Property Management Regulations

Regulations of Guangdong Province on Property Management1Adopted at the Fourth Meeting of the Standing Committee of the Ninth People's Congress of Guangdong Province on July 29th, 998.

20081revised at the 7th meeting of the Standing Committee of the 11th Guangdong Provincial People's Congress on October 28th.

Regulations of Guangdong Province on Property Management

Chapter I General Provisions

Article 1 In order to standardize property management, clarify the rights and obligations of owners, users and property management enterprises, and ensure the rational use of property, these Regulations are formulated in accordance with the relevant laws and regulations of the state and combined with the actual situation of this province.

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

The term "property management" as mentioned in these Regulations refers to the activities that the owners form the owners' committee and entrust the property management company to manage some of their properties.

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

The term "user" as mentioned in these Regulations refers to the lessee of the property and other people who actually use the property.

The term "property" as mentioned in these Regulations refers to houses, industrial workshops, commercial buildings and other buildings and their ancillary facilities, equipment and related sites that have been completed and delivered for use.

The term "property management company" as mentioned in these Regulations refers to an enterprise legal person established in accordance with the law to engage in property management services.

Article 3 People's governments at all levels shall encourage the socialization and specialization of property management, improve the level of property management and improve people's living and social environment.

Fourth provincial people's government construction administrative departments to implement supervision and management of the province's property management.

The administrative department in charge of property management determined by the people's governments of cities and counties shall be responsible for the supervision and management of property management within their respective administrative areas. Other relevant administrative departments of the people's governments at all levels in this province shall be responsible for the relevant work within the property management area within their respective functions and duties.

Chapter II Management Right of Owners

Article 5 Owners shall have the right to manage part of the property according to law and bear corresponding obligations.

The main rights of the owner are:

(a) to attend the owners' meeting;

(two) enjoy the right to vote and be elected by the owners' committee;

(3) Voting to adopt the owners' convention and the articles of association of the owners' committee;

(four) to decide on major issues involving the interests of the owners;

(five) to supervise the management of the owners' committee.

The main obligations of the owner are:

(a) the implementation of the relevant resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

(three) abide by the relevant property management systems and regulations;

(four) timely delivery of property management, maintenance and other expenses.

Article 6 All owners in the property management area shall form an owners' meeting and elect the owners' committee.

Measures for the delineation of property management areas shall be formulated by the provincial construction administrative department in conjunction with the provincial public security and civil affairs administrative departments.

The administrative departments of property management of the people's governments at or above the county level shall, in accordance with the measures for the delimitation of property management areas, specifically delimit the scope of each property management area within their respective jurisdictions.

Article 7 Where the delivered building area of a property reaches more than 50%, or the delivered building area reaches more than 30% but less than 50%, and the property has been used for more than one year, the first owners' meeting shall be held in accordance with the provisions of these Regulations, and the owners' committee shall be elected.

The administrative department of property management where the property is located shall guide the owners to hold the first owners' meeting.

Article 8 When convening a general meeting of owners, more than half of the owners with voting rights shall be present. The decision of the owners' meeting shall be approved by more than half of the owners with voting rights. After the decision is adopted, it shall be published.

The owner may entrust an agent to attend the owners' meeting in writing.

Ninth owners' voting rights and residential voting rights are calculated by households; The voting rights of industrial plants and commercial buildings are calculated according to the construction area of the property.

Article 10 The owners' congress shall exercise the following functions and powers:

(1) Electing and replacing members of the owners' committee and supervising the work of the owners' committee;

(two) the adoption of the owners' convention and the articles of association of the owners' committee;

(3) Approving the entrustment contract of property management;

(four) to decide on major issues involving the interests of the owners;

(five) to decide other matters of property management.

Eleventh after the establishment of the owners' committee, the owners' committee shall be responsible for convening the owners' meeting at least once a year.

Upon the proposal of the owners holding more than 20% of the voting rights, the owners' meeting may be convened temporarily. The owners' committee shall convene an interim owners' meeting within ten days after receiving the proposal.

Twelfth members of the owners' committee shall be held by the owners, and the number of members of the owners' committee shall not be less than five. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee.

Members of the owners' committee are elected for a term of two years and may be re-elected.

Members of the owners' committee shall abide by the law, be enthusiastic about public welfare undertakings, and be fair and responsible.

The list of members of the owners' committee shall be reported to the local property management administrative department for the record.

Thirteenth owners committee is responsible for the owners' meeting, safeguard the legitimate rights and interests of all owners, and perform the following duties:

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

(two) to draft the owners' convention, the draft articles of association of the owners' committee or the revised draft and report it to the owners' congress for adoption, and supervise the implementation of the owners' convention.

(three) to select a property management company through public bidding, sign a property management entrustment contract on behalf of the owners, and be responsible for the performance after the consent of the owners' meeting;

(four) listen to the opinions and suggestions of the owners and users, and supervise the management service activities of the property management company;

(five) to supervise the use and maintenance of * * * equipment, facilities and sites.

The meeting of the owners' committee shall be convened regularly by the director, and the meeting must be attended by more than half of the members, and the decision must be agreed by more than half of the members.

The decision made by the owners' committee shall be published.

Article 14 The owners' convention is an agreement reached between the owners on property management and owners' affairs, which is binding on all owners.

Fifteenth owners to transfer or lease the property, the owners' convention should be regarded as an annex to the property transfer contract or lease contract, which is equally binding on the transferee or lessee.

The transferor or lessor shall, within fifteen days from the date of signing the property transfer contract or lease contract, inform the owners' committee and the property management company of the property transfer or lease.

Article 16 The owners' convention and the articles of association of the owners' committee shall not contravene laws, regulations and rules.

Chapter III Entrusted Property Management

Seventeenth owners' committee entrusts a property management company to provide property management services, and both parties shall sign a property management entrustment contract on the principle of equality and voluntariness.

The property management entrustment contract shall include the following main contents:

(a) the basic situation of the parties and the entrusted property management;

(two) property management services and service quality requirements;

(three) the standard and collection method of property management service fees;

(four) the term of the contract, the agreement on the termination and dissolution of the contract, and the method of handing over the property information when the contract is terminated;

(five) the liability for breach of contract and the way to resolve disputes;

(6) Other matters agreed by both parties.