Trial Measures of Kunming Municipality on Property Management in Residential Areas

Chapter I General Provisions Article 1 In order to standardize 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 Measures 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 Measures shall apply to the property management of residential areas in the urban areas of our city. Article 3 The term "residential property" as mentioned in these Measures refers to houses and related public facilities.

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

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

The term "property management enterprise" as mentioned in these Measures refers to an enterprise that accepts the entrustment of the owners or the CMC, conducts professional management according to the property management service contract, and implements paid services. Article 4 Property management shall follow the principle of combining the management of residential area management committees with the professional management services entrusted by property management enterprises. Article 5 The Kunming Municipal Construction Committee is the administrative department in charge of residential property management in our city (hereinafter referred to as the property management department), and the construction administrative departments of counties (cities) are the administrative departments in charge of residential property management within their respective jurisdictions (hereinafter referred to as the property management department).

The main responsibilities of the property administrative department:

(a) the implementation of national, provincial and municipal laws, regulations and rules on property management, and combined with the actual situation, formulate corresponding implementation measures and measures;

(two) responsible for the industry management and qualification audit of property management enterprises;

(three) responsible for organizing the relevant departments to complete the comprehensive acceptance and handover of new residential areas;

(four) responsible for the management of special funds for property maintenance in urban planning areas;

(five) the organization of the city's residential property management appraisal work;

(six) to supervise and guide the county (city) property management.

The main responsibilities of the property management department:

(a) publicity, implementation and enforcement of national, provincial and municipal laws, regulations, rules and relevant provisions of the property management department;

(two) responsible for the examination and approval of the establishment of the residential area management committee and the preliminary examination of the qualification of the property management enterprise;

(three) responsible for the management and use of special funds for residential property management within the jurisdiction of the county (city), and accept the supervision of the property administrative department and the finance, auditing and price departments;

(four) to supervise and guide the bidding work of residential property management enterprises within their respective jurisdictions;

(five) to coordinate the working relationship between the relevant administrative departments and the residential area management committees and property management enterprises within their respective jurisdictions;

(six) to organize the appraisal of residential property management in this area;

(seven) to accept the owners' complaints about property management. Chapter II Owners' Meeting Article 6 The owners' meeting is an organizational form that represents the owners of residential areas to exercise the ownership and management rights of houses, and is produced by all owners of residential areas through democratic elections or consultations. Seventh residential occupancy rate of more than 50%, the local property management department in conjunction with the development and construction units held the first owners' meeting. Article 8 The owners' congress shall exercise the following functions and powers:

(1) Examining and adopting the articles of association of the CMC;

(two) to elect and recall members of the CMC;

(three) to supervise and inspect the work of the CMC;

(four) to change or cancel the inappropriate decision of the CMC;

(five) to consider the fund income and expenditure of the CMC;

(six) to listen to and consider the work report of the CMC;

(seven) according to the actual situation of residential areas, supplement the owners' convention.

The decisions made by the owners' congress in exercising the functions and powers in items (1), (2), (4), (5) and (7) of this article shall be reported by the CMC to the local property management department for the record. Article 9 The text of the owners' convention shall be uniformly formulated by the property administrative department. Owners' convention is binding on all owners and non-owners in residential areas.

The decisions and articles of association made by the owners' convention, the owners' congress and the management committee shall not contravene the laws, regulations and rules of the state. Chapter III Management Committee Article 10 The residential area management committee is a legal person organization elected by the owners' representatives and reflecting the will of all owners.

Management Committee members, the owner's representative shall not be less than 60%. The management committee is responsible for the owners' meeting and reports its work. Article 11 When the CMC is established, it shall report to the local property management department. After approval, it shall apply to the civil affairs department with relevant documents and obtain legal person status before it can start its work. Twelfth CMC shall exercise the following functions and powers:

(a) to convene and preside over the owners' meeting;

(two) accept the transfer of residential property;

(three) to formulate the annual plan for the maintenance of public facilities and the renovation of houses;

(4) Entrusting property management enterprises to manage residential areas through bidding and entrustment, and signing management contracts;

(five) to consider the annual plan of property management services formulated by the property management enterprise;

(six) to supervise and inspect the property management of residential areas by property management enterprises. Article 13 The office expenses and staff salaries of the CMC shall be charged in the comprehensive management fee income of residential areas and commercial buildings collected by property management enterprises, and shall be approved by the property management department on an annual basis. Article 14 The articles of association formulated by the CMC shall take effect after being approved by the owners' meeting, and shall be reported to the property management department and the property administrative department for the record.