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datong city property management regulations

Chapter I General Provisions Article 1 In order to safeguard the legitimate rights and interests of property owners and property management enterprises and standardize property management activities, these Regulations are formulated in accordance with the State Council's Regulations on Property Management and Shanxi's Regulations on Property Management and other relevant laws and administrative regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the management, use, supervision and management of properties within the administrative area of this Municipality.

The term "property management" as mentioned in these Regulations refers to the activities of owners to maintain, conserve and manage houses, supporting facilities, equipment, related sites and other properties by hiring property management enterprises, and to maintain environmental sanitation and order in relevant areas. Article 3 Advocate owners to choose property management enterprises through an open, fair and just market competition mechanism. Article 4 Property management enterprises are encouraged to rely on scientific and technological progress and adopt new technologies and methods to improve their management and service level.

Encourage institutions, enterprises (institutions) and other units to implement property management. Article 5 The real estate administrative department of the Municipal People's Government is the administrative department in charge of property management in this Municipality, and is responsible for the supervision and management of property management activities within the administrative area of this Municipality.

The real estate administrative department of the county people's government is responsible for the supervision and management of property management activities within their respective administrative areas.

All relevant departments should do a good job in property management according to their respective responsibilities. Chapter II Owners and Owners' Congress Article 6 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect the owners' committee and exercise the right to vote and be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations. Seventh owners in the property management activities to fulfill the following obligations:

(a) abide by the owners' convention and the rules of procedure of the owners' congress;

(2) Abide by the management system for the use of * * * parts and * * * facilities and equipment in the property management area, and maintain public order and environmental sanitation;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations. Article 8 The rights and obligations of property users in property management activities shall be agreed by the owners and the property users, but the agreement shall not violate the relevant provisions of laws, regulations and the owners' convention. Property users who violate these regulations and the provisions of the owners' convention shall bear the responsibility, and the relevant owners shall bear joint and several liability. Article 9 The owners' congress is composed of all owners in the property management area. The owners' congress shall represent and safeguard the legitimate rights and interests of the owners in the property management activities within the property management area.

A property management area establishes an owners' meeting. However, the number of owners in the property management area is small, and it is decided not to set up the owners' meeting with the unanimous consent of all owners, and the owners shall perform the duties of the owners' meeting and the owners' committee. There is only one owner, who shall perform the duties of the owners' congress and the owners' committee.

When the building area delivered for use in a property area reaches more than 50%, the owners shall set up the owners' meeting and elect the owners' committee under the guidance of the city and county real estate administrative departments where the property management area is located. Article 10 The owners' congress shall perform the following duties:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) to formulate and modify the management system for the use of * * * parts and facilities in the property management area, and maintain public order and environmental sanitation;

(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress. Article 11 The rules of procedure of the owners' congress shall stipulate the discussion methods, voting procedures, determination methods of the voting rights of the owners and the term of office of the members of the owners' committee.

In accordance with the provisions of the rules of procedure of the owners' congress or upon the proposal of more than 20% of the owners, a meeting of the owners' congress shall be held. The meeting of the owners' congress may be held in the form of collective discussion or written comments, but there should be owners who hold more than 50% of the voting rights in the property management area. The owner may entrust an agent to attend the owners' meeting in writing.

The decision made by the owners' meeting shall be adopted by the owners 1/2 or more voting rights attending the meeting. However, the decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to select and dismiss property management enterprises, to use maintenance funds and to continue to raise funds shall be approved by more than two thirds of the voting rights held by all owners in the property management area.

The decisions made by the owners' congress and the owners' committee shall be announced. Decisions made by the owners' congress and the owners' committee are binding on all owners and property users in the property management area.

If a meeting of the owners' congress is held, all owners shall be informed 15 days before the meeting. When a meeting of the owners' congress is held in the residential property management area, the relevant residents' committees shall be notified at the same time.