Regulations of Shanghai Municipality on the Administration of Residential Property

Chapter I General Provisions Article 1 In order to regulate the use, maintenance and other management service activities of residential properties in this Municipality, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, safe and comfortable living environment, these Regulations are formulated in accordance with the relevant provisions of national laws and regulations and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to residential property management within the administrative area of this Municipality. Article 3 The term "residential property" as mentioned in these Regulations refers to houses and related public facilities.

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 management enterprise" as mentioned in these Regulations refers to the enterprise that accepts the entrustment of the owners or the owners' committee and provides professional management services according to the property management service contract. Article 4 Property management shall follow the principle of combining self-management by owners with professional management services entrusted by property management enterprises. Article 5 Shanghai Housing and Land Administration Bureau (hereinafter referred to as the Municipal Housing Authority) is the administrative department in charge of property management in this Municipality and is responsible for organizing the implementation of these Regulations.

The district and county real estate management departments are the administrative departments in charge of property management within their respective jurisdictions, and manage and supervise the property management within their respective jurisdictions in accordance with these regulations.

The relevant administrative departments of construction, planning, municipal administration, public utilities, electric power, posts and telecommunications, health, gardens, housing, public security, prices, industry and commerce shall, according to their respective functions and duties, cooperate in the implementation of these Regulations.

Sub-district offices and Township People's governments shall assist relevant administrative departments to supervise property management and coordinate the relationship between property management and community management and community service. Chapter II Self-management of Owners Article 6 The owners' committee is an organization that implements self-management of property on behalf of all owners in the property management area.

A property management area establishes an owners' committee.

The scope of the property management area is defined by the district and county real estate management departments according to the relevant situation of residential and public facilities. Article 7 The owners' committee shall be elected by the owners' congress or the owners' congress, and the members of the owners' committee shall be the owners.

A property management area, under any of the following circumstances, the local district and county real estate management departments shall, jointly with the residential units for sale, organize the first owners' meeting or owners' congress, and elect the owners' committee:

(a) the sale of public housing construction area reached more than thirty percent;

(two) the construction area of new commercial housing for sale has reached more than 50%;

(3) The residence has been sold for two years. Eighth owners' congress is composed of all owners in the property management area; If there are a large number of owners, the owners' representatives shall be elected in proportion to form the owners' congress within the property management area.

The owners' congress or owners' congress shall be chaired by more than half of the owners or owners' representatives. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of all owners or by more than half of all owners' representatives.

The owners' committee shall convene an owners' meeting or congress at least once a year; Upon the proposal of more than fifteen percent of the owners or owners' representatives, the owners' committee shall convene the owners' congress or owners' congress on the proposed topic.

The owners' congress or owners' congress shall invite representatives of residents' committees and users to attend. Article 9 The owners' congress or the owners' congress shall exercise the following functions and powers:

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

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

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

(four) to decide on other major matters of property management. Tenth owners' committee shall, within fifteen days from the date of election, register with the local district and county real estate management departments with the following documents:

(1) An application for registration of the establishment of the owners' committee;

(two) the list of members of the owners' committee;

(3) Articles of association of the owners' committee.

District and county real estate management departments shall complete the registration within fifteen days from the date of accepting the application for registration; The owners' committee established in violation of these regulations shall not be registered, and the applicant shall be notified in writing. Eleventh owners committee according to the size of the property management area consists of five to fifteen people.

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

The term of the owners' committee is two years. Twelfth owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

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

(2) Hiring or dismissing a property management enterprise, and concluding, modifying or terminating a property management service contract with the property management enterprise;

(three) to set up a property maintenance fund in accordance with the provisions, and be responsible for the collection, use and management of the fund;

(four) to examine and approve the annual plan, financial budget and final accounts of property management services proposed by the property management enterprise;

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

(six) to supervise the rational use of public buildings and public facilities;

(seven) other duties entrusted by the owners' congress or the owners' congress.

The owners' committee shall hold regular meetings, which must be attended by more than half of the members, and the decision shall be passed by more than half of all the members.