Regulations of Hangzhou Municipality on Property Management (revised in 2003)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the provisions of relevant national laws and regulations and in the light of the actual situation of this Municipality in order to standardize the property management behavior, safeguard the legitimate rights and interests of owners, users and property management enterprises, ensure the rational use of property and create a good living and working environment. Article 2 These Regulations shall apply to the urban property management activities within the administrative area of Hangzhou.

The newly-built property of two or more property owners shall be subject to property management; Other properties shall create conditions and gradually implement property management. Article 3 The term "property" as mentioned in these Regulations refers to all kinds of houses and their ancillary facilities, equipment and related sites.

The owner refers to the owner of the property.

The user refers to the lessee of the property and other people who actually use the property. The rights and obligations of users in property management activities shall be agreed by the owners and users, but shall not violate the relevant provisions of these regulations.

A property management enterprise refers to a legally established legal person engaged in property management services.

Property management refers to the activities that property management enterprises accept the entrustment of owners or owners' committees to maintain, repair and manage the property according to the property management service contract, and provide assistance or services for public order, environmental sanitation and greening in the property management area. Article 4 Property management shall follow the principle of combining independent management by owners with professional management entrusted by property management enterprises.

Property with relatively independent facilities should be divided into a property management area. The property management area is designated by the district and county (city) property administrative departments.

A property management area shall set up an owners' committee to entrust property management enterprises with property management. Fifth Hangzhou Municipal People's government property management administrative departments (hereinafter referred to as the municipal property management department) in charge of the city's property management.

The administrative departments of property management of district and county (city) people's governments (hereinafter referred to as district and county (city) property management departments) shall manage and supervise the property management within their respective jurisdictions in accordance with these regulations.

Neighborhood offices and town people's governments are responsible for coordinating property management, community management and community service within their respective jurisdictions, and community residents' committees shall assist in the property management of their communities according to their duties.

Construction, planning, municipal utilities, city appearance and sanitation, greening, public security, environmental protection, price, civil affairs, industrial and commercial administration departments at all levels shall, according to their respective responsibilities, cooperate with the property management department to implement these regulations. Sixth people's governments at all levels can give preferential policies to property management enterprises, encourage and guide the development of property management in the direction of marketization, specialization and scale, and improve the level of urban property management. Chapter II Owners, Owners' Congress and Owners' Committee Article 7 Owners shall enjoy the following rights:

(a) to participate in the owners' meeting and enjoy the right to vote;

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

(three) enjoy the service consistent with the paid property management service fee;

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

(five) to supervise the management service activities of property management enterprises;

(six) other rights stipulated by laws and regulations.

The owner shall perform the following obligations:

(a) to implement the relevant decisions of the owners (representatives) congress and the owners' committee;

(two) abide by the laws and regulations of property management;

(3) Abide by the owners' convention and relevant property management systems;

(four) to cooperate with the owners' meeting or the organizers of the owners' meeting to do a good job in the election;

(five) to pay property management service fees and shared maintenance fees in accordance with the contract;

(six) responsible for the contract signed by the owners' committee. Eighth property management area of all owners of the owners' meeting; If the number of owners exceeds 100, the owners' representatives can be elected in proportion to form the owners' meeting. Only when more than half of the owners or owners' representatives with voting rights are present can the owners' congress or owners' congress be convened. The term of office of the owner's representative is generally not more than 3 years, and may be re-elected.

Owners have the right to vote, and residential property is subject to one set of one vote; Non-residential property, each 100 square meter construction area is regarded as a calculation unit; If it is less than 100 square meter, each property ownership certificate shall be regarded as a unit of calculation. Ninth property management area, one of the following circumstances, the district and county (city) property management departments shall guide and urge the prophase property management units to convene the first owners' meeting or owners' congress, and elect the owners' committee:

(a) the occupancy rate reached more than 60%;

(two) the occupancy rate reached more than 30%, and the property has been delivered for 2 years;

The cost of the first meeting of the owners (representatives) shall be borne by the property construction unit. Tenth owners' congress or owners' congress held at least once a year; When the owners' committee deems it necessary, or upon the proposal of the owners or owners' representatives holding more than 20% of the voting rights, an interim owners' meeting or owners' meeting shall be convened. The owners' committee shall organize an interim owners' meeting or owners' congress within 15 days after receiving the proposal from the owners or owners' representatives; If it is not organized within the time limit, the district and county (city) property management department shall assist in organizing the convening.

The owners' congress or owners' congress may invite neighborhood offices, community residents' committees and user representatives to attend. Owners can entrust an agent to attend in writing, and property management companies cannot attend as agents.

If the owners' committee requests the property management enterprise to attend the meeting as a non-voting delegate, the person in charge of the property management enterprise or its written entrusted agent shall attend the meeting as a non-voting delegate.