Regulations of Shanghai Municipality on Residential Property Management (revised 20 10)

Chapter I General Provisions Article 1 In order to standardize residential property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Provisions are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality. Article 2 These Provisions shall apply to the operation, use, supervision and management of residential properties within the administrative area of this Municipality. Article 3 Residential property management as mentioned in these Provisions (hereinafter referred to as property management) refers to the activities that the owners of residential areas maintain, conserve and manage the houses, supporting facilities, equipment and related sites in residential areas by hiring property service enterprises, and the owners and property service enterprises maintain the environmental sanitation and order in the relevant areas in accordance with the property service contract or through other forms.

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

The term "user" as mentioned in these Provisions refers to the lessee and the actual resident of the house.

The term "realty service enterprise" as mentioned in these Provisions refers to an enterprise that has obtained the qualification of independent legal person according to law, has corresponding qualifications and is engaged in realty service. Fourth city housing administrative departments responsible for the supervision and management of the city's property management. District and county housing administrative departments are responsible for the supervision and management of property management within their respective jurisdictions; Its established housing management office (hereinafter referred to as the housing management office) undertakes relevant specific affairs.

City, district and county housing administrative departments shall perform the following duties:

(a) to conduct business guidance, supervision and management of the owners' congress and the owners' committee;

(two) supervision and management of property service enterprises and employees;

(three) to guide and supervise the collection and use of special maintenance funds;

(four) the supervision and management of property use and maintenance;

(five) other supervision and management responsibilities in property management. Article 5 The people's governments of districts and counties shall establish a comprehensive management system for residential quarters, organize relevant administrative departments and units of districts and counties, deploy, promote and coordinate property management within their respective jurisdictions, and guide and supervise the work of owners' congresses and owners' committees.

Township people's governments and sub-district offices shall establish a comprehensive management system for residential quarters within their respective jurisdictions, coordinate and handle the affairs and disputes of comprehensive property management within their respective jurisdictions, and guide and supervise the formation and daily operation of owners' congresses and owners' committees. Article 6 The Municipal Property Management Industry Association is a social organization that implements industry service and self-discipline management, formulates and organizes the implementation of self-discipline norms according to law, organizes business training, mediates disputes among property service enterprises, and safeguards the legitimate rights and interests of property service enterprises.

The city encourages property service enterprises to join the city property management industry association. Chapter II Owners and Owners' Congress Article 7 Residential quarters, including those built by stages or jointly developed by two or more units, shall be divided into a property management area, and its supporting facilities and equipment shall be used by * * * *. However, if roads and rivers are divided into two or more natural blocks or closed communities, and the responsibility for the management and maintenance of supporting facilities and equipment can be clearly defined, they can be divided into independent property management areas respectively. Eighth housing administrative departments responsible for the examination and approval of the property management area.

When reviewing the design scheme of residential construction projects, the planning administrative department shall solicit the opinions of the district and county housing administrative departments on the preliminary planning of the property management area.

The construction unit shall, at the same time as applying for the planning permit for residential construction projects, apply to the district and county housing administrative departments for the division of property management areas, and the district and county housing administrative departments shall approve the property management areas within five days.

When the construction unit sells the house, it shall clearly indicate the property management area approved by the district and county housing administrative departments to the buyers through the contract. Article 9 If the property management areas have not been divided or need to be adjusted, the district and county housing administrative departments shall, jointly with the township and town people's governments or sub-district offices, divide the property management areas according to the provisions of Article 7 and the layout of local residents' committees and villagers' committees. To adjust the property management area, it should also obtain the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people.

After the adjustment of the property management area, the district and county housing administrative departments shall make an announcement in the relevant property management area. Article 10 The construction unit shall submit the following materials to the Housing Management Office when handling the formalities of housing delivery and use permit:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When handling the property acceptance formalities, the construction unit shall hand over the information specified in the preceding paragraph to the property service enterprise.

Owners can obtain the information specified in the first paragraph of this property management area from the housing management office and the property service enterprise. Eleventh owners in the property management activities, in addition to enjoying the rights stipulated in the Property Law of People's Republic of China (PRC) and the Property Management Regulations of the State Council, they also have the right to propose the convening of the first owners' meeting.

Owners shall perform the obligations stipulated in the Property Law of People's Republic of China (PRC) and the Property Management Regulations of the State Council in property management activities.

The owners shall provide the contact address and communication method to the owners' committee directly or through the construction unit and the realty service enterprise.