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Regulations of Chengdu Municipality on Property Management 20 17(2)
Article 28 The preparatory group shall perform the following duties:

(a) to determine the time, place and content of the first owners' meeting;

(two) to draft the management statute, the rules of procedure of the owners' congress and the working rules of the owners' committee;

(three) to confirm the identity of the owners, check the number of owners and the area of the exclusive part;

(four) to determine the conditions and election methods for the candidates of the owners' committee;

(five) to organize the production of candidates for the first session of the owners' committee;

(six) to complete other preparatory work for the first meeting of the owners' congress.

The contents listed in items (1) to (5) of the preceding paragraph shall be publicized in writing in the building division before the first owners' meeting 15. If the owner has any objection to the owner's identity, number and exclusive area, the preparatory group shall conduct a review and inform the objector of the review result.

Twenty-ninth the preparatory group shall organize the first meeting of the owners' congress within 30 days from the date of its establishment. Since the date of the establishment of the owners' meeting according to law, the duties of the preparatory group shall be terminated by itself.

The funds required by the preparatory group shall be borne by the development and construction unit.

Section 2 Owners' Congress and Owners' Committee

Thirtieth owners' voting rights at the owners' meeting shall be exercised in accordance with the relevant provisions of the state.

The determination of the identity of the owner and the area of the exclusive part shall be based on the real estate register or other legal and valid documents that can prove its ownership.

If a single owner owns more than one person or several people own the exclusive part of the property, the number of voting rights of the owner shall be calculated by one person.

If the owner refuses to pay the property service fee or the special maintenance fund of the building, the management statute and the rules of procedure of the owners' meeting can restrict him from exercising his voting rights in property management.

Article 31 The management statute, the rules of procedure of the owners' congress and the working rules of the owners' committee shall be adopted at the first meeting of the owners' congress, and the owners' committee shall be established on the day when the owners' committee is elected.

After the owners' congress is established according to law, the owners' committee shall file with the district (city) county real estate administrative department on the matters set up by the owners' congress; And engrave and use the seals of the owners' congress and the owners' committee according to law.

The municipal government shall formulate specific provisions on the supervision and management of the owners' congress according to these regulations.

Article 32 The owners' meeting shall be convened by the owners' committee.

If the owners' committee fails to perform the duties of convening the meeting of the owners' congress as agreed in law and contract, the district (city) and county real estate administrative departments shall order it to be held within a time limit; If it is not held within the time limit, the subdistrict office and the township (town) government may organize the owners to hold a meeting of the owners' congress.

In addition to the provisions of the preceding two paragraphs, no unit or individual may convene a meeting of the owners' congress without authorization.

Thirty-third there are more than two buildings in the same building division, and the owners' group can be established in units of buildings and units. The owners' group consists of all owners of buildings and units.

The owners' group shall perform the following duties:

(a) to discuss matters that should be discussed by the owners' meeting;

(two) the election of owners' representatives to participate in the owners' meeting to express the wishes of the owners of this group;

(3) Discuss and decide the operation, income distribution and maintenance of some properties of this building and this unit.

The procedures for the owners' group to exercise the duties specified in the preceding paragraph shall be implemented with reference to the rules of procedure of the owners' congress of this building division.

Thirty-fourth owners' meeting can be in the form of collective discussion or written comments.

In the form of collective discussion, in line with the provisions of article thirty-third, representatives of the owners may be elected to attend the meeting of the owners' congress; It may also be decided by the owner to elect the owner's representative to attend the owners' meeting in other ways.

The owner may entrust an agent to attend the meeting of the owners' congress, and the agent shall hold a written power of attorney from the owner and vote according to the entrusted content.

Article 35 The management statute shall stipulate the following main items:

(a) the use, maintenance and management of buildings and their ancillary facilities and equipment;

(two) the plan for raising and using special maintenance funds for houses and their ancillary facilities;

(three) * * * part of the operation and income distribution;

(four) other rights and obligations of the owners;

(5) Liability for violation of laws and regulations.

The management statute shall come into effect as of the date when it is voted by the owners' meeting, and shall be binding on all owners and users.

Thirty-sixth management regulations, the rules of procedure of the owners' congress and the working rules of the owners' committee shall not contravene laws and regulations, and the model text shall be drawn up by the municipal real estate administrative department.

Thirty-seventh after the establishment of the owners' congress, the owners' committee shall inform the development and construction units, property service enterprises or other managers of the following matters:

(1) Management regulations;

(two) the rules of procedure of the owners' congress;

(3) Working rules of the owners' committee;

(four) other decisions of the owners' congress and the owners' committee.

When the development and construction unit sells the exclusive part of the building division, it shall express the matters listed in the preceding paragraph to the buyer and make them an annex to the house sales contract.

Article 38 The owners' committee is the executive body of the owners' congress, elected by the owners' congress, responsible for and reporting its work to the owners' congress, and subject to the supervision of the owners and the owners' congress.

The owners' committee consists of an odd number of members, and each member has the same voting right, with a term of office of 3 to 5 years; Specific matters such as the conditions, number and term of office of members shall be stipulated by the rules of procedure of the owners' congress.

Article 39 When the owners' committee discusses and decides on matters related to property management, it shall convene a committee meeting, and publish the agenda of the meeting in writing within the building division three days before the meeting, so as to listen to the opinions and suggestions of the owners.

Matters decided by the owners' committee shall be signed by more than half of all members.

The owners' committee shall publish it in writing within 3 days from the date when the decision of the owners' congress and the owners' committee is made.

Fortieth members of the owners' committee shall faithfully perform their duties, regularly participate in the property management training organized by the real estate administrative department, and accept the guidance and supervision of the neighborhood offices, township (town) governments and real estate administrative departments.

The owners' committee shall not engage in property service business activities, and its members and their close relatives shall not serve in property service enterprises and institutions that provide property services for this building division.

Forty-first members of the owners' committee in any of the following circumstances, their membership will be terminated:

(a) is no longer the owner of the construction area;

(2) Loss of capacity for civil conduct;

(three) personal freedom has been restricted for more than half a year according to law;

(four) other circumstances stipulated by laws, regulations and management regulations.

Forty-second members of the owners' committee are under any of the following circumstances, and the owners' congress shall decide whether to terminate their membership:

(a) submit a request for resignation to the owners' meeting in writing;

(2) refusing to perform the duties of a member;

(three) more than half of the members of the owners' committee or more than 20% of the owners have proposed to revoke their membership;

(four) illegal construction, refusing to pay property service fees and other violations of the legitimate rights and interests of others;

(five) for other reasons, it is not suitable to continue to enjoy membership.

Forty-third before the expiration of the term of office of the owners' committee, a meeting of the owners' general assembly shall be held to hold a general election.

If the term of office of the owners' committee expires without re-election, the district (city) county real estate administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the subdistrict office and the township (town) government may organize the owners to hold a meeting of the owners' general assembly for the general election.

Article 44 Within 10 days from the date when the new owners' committee is elected by the owners' congress, the members of the original owners' committee shall hand over the relevant documents, files and other materials, seals and other property belonging to all owners to the new owners' committee and complete the handover.

If the membership of the owners' committee is terminated during the term of office, the documents and property listed in the preceding paragraph shall be handed over to the current owners' committee within 5 days from the date of termination.

Forty-fifth by the owners' meeting, the working funds of the owners' committee can be raised through the following channels:

(a) all owners * * * have a certain income from property management;

(2) All owners * * * jointly pay;

(three) other legal means such as voluntary donation by the owners.

Working capital belongs to all owners. The owners' committee shall properly keep and regularly publish its income and expenditure in written form, and accept the supervision of the owners' congress and owners.

Forty-sixth more than two building divisions * * * have ancillary facilities and equipment, it shall establish a joint meeting system of owners' committees.

The joint meeting of the owners' committee is composed of sub-district offices, township (town) governments, district (city) and county real estate administrative departments, owners' committees of relevant building divisions, community residents' committees, property service enterprises or other managers. The joint meeting was convened by the sub-district office and the township (town) government.

Section 3 Use and Maintenance of Property

Forty-seventh owners and users should use proprietary parts reasonably and properly, and prohibit the following acts that endanger the safety of buildings or damage the legitimate rights and interests of others:

(a) change the load-bearing structure of the house;

(two) illegal construction of buildings and structures;

(3) stacking inflammable, explosive, toxic, radioactive or overloaded articles;

(four) emissions, noise and vibration exceeding the prescribed standards;

(5) Raising poultry and pets in violation of regulations;

(six) dumping garbage, sewage or throwing debris in violation of regulations;

(seven) other acts prohibited by laws, regulations, rules and management regulations.

Forty-eighth owners and users should use the house in accordance with the purposes approved by the planning administrative department or specified in the real estate register, and may not change the nature of its use without authorization. If it is really necessary to change, in addition to complying with laws, regulations and management regulations, it shall be approved by the interested owners; Approved by the administrative departments of planning, land, health, environmental protection and fire protection according to law.

Forty-ninth passages, stairs, property services, etc. It belongs to the owner, and it is forbidden for any unit or individual to occupy, dispose of or use it for other purposes.

The use of * * * for business operations shall comply with the provisions of laws, regulations and management regulations, and shall be decided by the owners' meeting or relevant owners.

The owners' committee and the owners' group shall regularly announce the income and expenditure of some owners and some owners respectively.

Fiftieth property service enterprises or other managers who find one of the acts stipulated in Article 47, Article 48 or Paragraph 1 of Article 49 of these Regulations shall be discouraged; If dissuasion is ineffective, it shall inform the owners' committee or relevant administrative departments in writing within 24 hours.

Fifty-first vehicles parked in the building area shall not occupy fire exits, and shall not interfere with the normal passage of pedestrians and other vehicles.

Motor vehicle parking spaces can be temporarily leased to units and individuals outside the building division on the premise of giving priority to meeting the parking needs of owners.

Fifty-second use of the property * * * part to set up motor vehicle parking spaces, parking spaces, management, fees and other matters decided by the owners' meeting.

If the owners' congress decides to collect the site use fee, it may entrust the realty service enterprise or other managers to collect it and pay a certain percentage of remuneration. If the owner of a motor vehicle has custody requirements, he may make an agreement with the property service enterprise or other managers.

Article 53 Property shall be maintained regularly. When laws, regulations and rules require property maintenance, the owners or other responsible persons shall perform the maintenance obligations in time.

After the expiration of the warranty period, the maintenance responsibility of the exclusive part shall be borne by the owner; * * * After the warranty period expires, part of the maintenance responsibilities shall be borne by the relevant owners in proportion to the area of exclusive parts.

In case of emergency that endangers the use safety of other people's houses or public safety, the realty service enterprise or other managers shall immediately organize emergency repair, update or take emergency preventive measures, and notify the owners' committee in time, and the expenses shall be borne by the relevant responsible person.

Fifty-fourth water supply, power supply, gas supply, heating, information and other professional units shall bear the responsibility for the maintenance and conservation of related pipelines, facilities and equipment within the building division according to law.

Fifty-fifth special maintenance funds for houses and ancillary facilities established in this Municipality shall be used exclusively for local maintenance, renovation and transformation of houses and ancillary facilities after the expiration of the warranty period.

The establishment of special maintenance funds shall follow the principles of owner-owned, unified deposit, special account storage, owner's decision-making, earmarking and overall supervision. The first special maintenance fund shall be jointly paid by the development and construction unit and the buyer.

Measures for the administration of special maintenance funds for houses and ancillary facilities shall be formulated by the municipal government.

Fifty-sixth due to the needs of property maintenance, pipeline installation, etc., must enter the exclusive part, the owner and user shall not refuse.

Where specialized units such as water supply, power supply, gas supply, information, sanitation and postal services enter the building division to provide services, the owners, property service enterprises or other managers shall cooperate.

Chapter IV (Early Stage) Property Service Contract

Section 1 General Provisions

Article 57 Owners may, according to the actual situation of the building division where they are located and through an open, fair and just market competition mechanism, legally select and employ property service enterprises that meet the corresponding conditions to provide property services.

Fifty-eighth institutions engaged in property services consulting, consulting, agency, certification and other business activities within the administrative area of this Municipality, and foreign enterprises or other managers engaged in property services activities shall file with the municipal real estate administrative department.

Fifty-ninth this city implements the responsibility system of property service project manager, and the person in charge of property service within the building division is the property service project manager.

The realty service enterprise shall, in accordance with the provisions, employ corresponding professional service personnel to engage in relevant professional services; Other managers employed to provide property services shall abide by the provisions of laws, regulations, rules and industry norms.

City real estate administrative departments shall strengthen the training, supervision and management of property service-related practitioners, establish a unified roster of property service project managers and property maintenance, order maintenance and other related professional service personnel and a directory of other managers and service organizations in this Municipality, and provide inquiry services to the society; The guiding standards for the allocation of property service forces shall be formulated and published.

Article 60 This Municipality implements a reporting system for major matters of property services. In any of the following circumstances within the building division, the realty service enterprise or other managers shall report to the relevant administrative departments and professional units in a timely manner in accordance with the provisions:

(a) fire, flood, explosion or natural disasters, causing personal injury or endangering the safety of buildings;

(two) there are hidden dangers in the building and its ancillary facilities and equipment, which are difficult to eliminate within 8 hours, seriously endangering the safety of the owners, users and buildings;

(three) the property service personnel leave the building division without authorization, resulting in the interruption of property services, which seriously affects the normal life of the owners and users;

(4) the occurrence of mass incidents;

(five) the owners and users of heavy casualties;

(six) other events that seriously affect the normal life of the owners and users.

Sixty-first development and construction units, members of the owners' committee, property service enterprises or other managers shall establish and properly keep property files, owners' congress and owners' committee files and property service files respectively.

Sixty-second development and construction units, property service enterprises, other managers, service agencies and their employees shall declare their credit information in property management activities according to regulations.

City real estate administrative departments should strengthen the construction of property management credit system, and implement unified supervision and management of the collection, disclosure, evaluation and use of property management credit information.

The district (city) and county real estate administrative departments shall, jointly with the sub-district offices and township (town) governments, establish the credit files of the members of the owners' committee in property management, and incorporate them into the city's property management credit system.

Sixty-third property service enterprises, other managers and service agencies shall submit statistical statements to the municipal or district (city) county real estate administrative departments in accordance with relevant regulations.

Section 2 Pre-Property Service Contract

Article 64 The housing sales contract signed by the development and construction unit and the purchaser shall include the following contents:

(a) the prophase realty service contract;

(2) Temporary management statute;

(three) the general plan of the construction project;

(four) building zoning submissions;

(5) Part of the property * * * is in stock;

(6) Instructions for the use of the house.

Items (1), (2) and (6) of the preceding paragraph are formulated with reference to the model text drawn up by the municipal real estate administrative department.