Order No. 119 of the People's Government of Sichuan Province was promulgated and implemented on February 26, 1999
Chapter 1 General Provisions
Article 1 is to strengthen urban residential property management. To ensure the rational use of residential properties, maintain public order in residential buildings, and create a good living environment, these measures are formulated in accordance with national regulations and in conjunction with the actual conditions of Sichuan Province.
Article 2 These Measures shall apply to urban residential property management activities within the administrative region of Sichuan Province. Article 3 The term “residential properties” as mentioned in these Measures refers to various types of urban residences and their supporting public facilities, equipment and public spaces. The term "property management" as mentioned in these Measures refers to the management of various houses and their supporting public facilities, equipment, greening, sanitation, transportation, public security, environmental appearance, etc. according to the contract between the property management enterprise and the residential owners and users. Maintenance, repair, renovation and other management or service activities. The owner referred to in these Measures refers to the owner of the residential property; the user refers to the lessee of the property or other people who actually use it. The term "property management enterprise" as mentioned in these Measures refers to an enterprise that has obtained a property management enterprise qualification certificate and an industrial and commercial business license, accepts the entrustment of the owner or the owner's management committee, implements professional management according to the property management entrustment contract, and provides paid services.
Article 4 The construction administrative department of the Provincial People’s Government and the real estate management department determined by the municipal, state, county people’s government, and regional administrative office are the property management departments of the people’s government and regional administrative office at the same level, and are responsible for this administrative department. Implement supervision and guidance on residential property management activities in the region.
Article 5 The planning, industry and commerce, public security, municipal public utilities, environmental sanitation and other management departments of the people's governments at all levels shall supervise and guide residential property management activities in accordance with their respective responsibilities. The urban sub-district offices assist and cooperate with relevant departments in supervision and guidance.
Article 6 Residential properties are managed independently by the owners, who may entrust property management companies to implement professional service management. When entrusting property management enterprises to implement professional service management, a competition mechanism should be introduced and bidding and tendering should be gradually implemented.
Article 7 The owner or user has the ownership and use rights of the residence, as well as the ownership and use rights of the supporting facilities, equipment, public spaces and green spaces in accordance with the law. Rights are protected by law and may not be infringed upon by others.
Chapter 2 Owners’ Management Committee
Article 8 Urban residential areas (buildings) shall implement the owners’ conference system in accordance with the provisions of these Measures. The owners’ conference shall discuss and decide on major issues in the independent management of residential properties. , elect an owners management committee.
Article 9 If any of the following circumstances occurs in an urban residential area (building), the property management department in the location where the property is located shall convene an owners’ meeting together with the residential property owners:
(1) Public ownership The housing sales rate reaches 40% of the total construction area;
(2) The occupancy rate of commercial housing reaches 50%.
Article 10 The owners’ meeting shall notify all owners to participate; when the number of owners is large, owners’ representatives shall be elected to participate. The owners' meeting shall be attended by more than half of the owners; the decisions made shall be passed by more than half of the owners present at the owners' meeting. The owners' meeting shall invite representatives of residents' committees and property users to attend.
Article 11 The owners’ meeting shall exercise the following powers:
(1) Elect and remove the members of the owners’ management committee;
(2) Deliberate and approve the owners’ management Committee charter and owners’ covenant;
(3) Hearing and reviewing property management work reports;
(4) Deciding or authorizing the owners’ management committee to select and dismiss property management companies;
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(5) Determine other important matters of property management.
Article 12 After the establishment of the owners' management committee, it shall be reported to the property management department in the location where the property is located for filing. When filing, relevant information such as the articles of association of the owners' management committee, decisions of the owners' meeting, election results and its member list must be submitted. Only one owners' management committee can be established in a residential area (building);
Article 13 The owners' management committee shall be composed of a director, deputy director, and members, and shall be elected among the owners. The number shall be more than 5 Odd numbers, each term is 3 years; if the property owner is no longer the owner due to the change of property ownership, it should be transformed; the property owner can be re-elected.
Article 14 The owners management committee shall perform the following duties:
(1) Convene and preside over the owners’ meeting, and report the implementation of property management to the owners’ meeting;
< p> (2) Select property management companies through bidding and sign a property management entrustment contract with the property management companies;(3) Listen to the opinions and suggestions of residential owners and users, and supervise the performance of property management companies work and assist property management enterprises in implementing various management measures;
(4) Supervise property management enterprises in accordance with the property management entrustment contract, and change or terminate the property management entrustment contract in accordance with the law based on the service level of the property management enterprise;
(5) Accept the guidance and supervision of the property management department and other relevant departments and the local municipal people’s government. The owners' management committee shall not engage in business activities for profit.