Circular on Issuing the Guiding Rules for the Assembly of Property Owners and the Committee of Property Owners

Circular on Issuing the Guiding Rules for the Assembly of Property Owners and the Committee of Property Owners

Jian Fang [2009] No.274

December 1, 2009

The departments of housing and urban-rural development of all provinces and autonomous regions, housing administrations (commissions of housing and urban-rural development) of municipalities directly under the Central Government, and the Construction Bureaus of Xinjiang Production and Construction Corps,

In order to standardize the activities of the assembly of property owners and the committee of property owners, safeguard the legitimate rights and interests of owners, according to the provisions of the Real Rights Law, the Regulations on Property Management and other laws and regulations, the Ministry of Housing and Urban-rural Development has made the Guiding Rules for the Assembly of Property Owners and the Committee of Property Owners, which are hereby issued to you for your implementation. For any issue encountered in the implementation, please timely inform the Department of Real Estate Market Supervision under the Ministry of Housing and Urban-Rural Development.

Guiding Rules for the Assembly of Property Owners and the Committee of Property Owners

Chapter I General Provisions

Article 1 In order to standardize the activities of the assembly of property owners and the committee of property owners, safeguard the legitimate rights and interests of the property owners, the Guiding Rules for the Assembly of Property Owners and the Committee of Property Owners (hereinafter referred to as the "Rules") are hereby formulated in accordance with the provisions of the Real Rights Law of the People's Republic of China, the Regulations on Property Management and other laws and regulations.

Article 2 The assembly of property owners shall be composed of all the owners within the property management area, represent and safeguard the legitimate rights of all the owners within the property management area in the property management activities, and perform its corresponding obligations.

Article 3 The committee of property owners shall be elected at the assembly of property owners in accordance with the law, perform the duties empowered by the assembly of property owners, implement the matters as decided at the assembly of property owners, and accept the supervision from the owners.

Article 4 The decisions of the assembly or the committee of property owners shall be binding upon each owner.
The assembly of property owners and the committee of property owners shall perform their duties in accordance with the law, and may not make any decision or engage in any activity irrelevant to the property management.

Article 5 If any owner damages the legitimate rights and interests of others and the common interests of the owners, the assembly of property owners and the committee of property owners have the right to require the cessation of the damage, elimination of the danger, removal of the hazard and compensation for the loss in accordance with the laws, regulations and management rules.

Article 6 The competent real estate administrative departments at the district or county level, the sub-district offices and the people's governments of towns or townships at the localities of the relevant properties are responsible for providing guidance and assistance for the establishment of the assembly of property owners and election of the committee of property owners, and guiding and supervising the daily activities of the assembly of property owners and the committee of property owners.

Chapter II Assembly of Property Owners

Article 7 The assembly of property owners shall be established based on the division of property management area, and one assembly of property owners shall be set up within one property management area.
Where there is only one property owner or where there are relatively few property owners and no assembly of property owners will be established upon the agreement by all the property owners, the property owners(s) shall (jointly) perform the duties of both the assembly of property owners and the committee of property owners.

Article 8 Within an property management area, where the area of exclusive parts delivered exceeds 50% of the total area of the building, the relevant construction entity shall, in accordance with the requirements of the real estate administrative departments at the district or county level, the sub-district office and the people's government of the town or township, timely submit the following documents as required for preparing the first assembly of property owners:
1. certificate of the property management area;
2. detailed list of the area of houses and buildings;
3. register of owners;
4. general layout for construction planning;
5. proof of delivery of common facilities and equipment for use;
6. proof of house allocation for property service; and
7. other relevant documents.

Article 9 If the conditions for setting up the assembly of property owners are satisfied, the competent real estate administrative department at the district or county level, the sub-district office or the people's government of the town or township shall be responsible for organizing and guiding the establishment of an organizing group for the first assembly of property owners within 60 days upon receipt of written application for preparing the assembly of property owners submitted by the property owners.

Article 10 The organizing group for the first assembly of property owners shall consist of the representatives of property owners, representatives of construction entities, the sub-district office, representatives of the people's governments of the town or township and representatives of the residents committee. The members of the organizing group shall be in odd numbers, and the representatives of property owners shall account for not less than 50% of the total number of the members of the organizing group. The leader of the organizing group shall be served by a representative of the sub-district office or the people's government of the town or townships.

Article 11 The sub-district office, the people's government of the town or township or the residents committee shall organize property owners to recommend the representatives of property owners in the organizing group.
The organizing group shall publicize the list of its members in written form within the property management area. If any property owner has objection to any member of the organizing group, the sub-district office and the people's government of the town or township shall make coordination and resolve the matter.
Construction entities and property service enterprises shall cooperate and assist in the work of the organizing group.

Article 12 The organizing group shall do the following preparatory work:
1. confirming and publicizing the identities of the owners, the number of owners and the area of the exclusive parts;
2. confirming the time, place, form and content of the first assembly of property owners;
3. drafting management rules, and rules of procedure for the assembly of property owners;
4. confirming the voting rules of the first assembly of property owners in accordance with the law;
5. developing the method to select the candidates for membership of the committee of property owners, and confirming the list of candidates for membership of the committee of property owners;
6. developing the methods of election of the committee of property owners; and
7.
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