Regulations of Shanghai Municipality on Residential Property Management

Omitted.

Regulations of Shanghai Municipality on Residential Managment

(Approved at the 36th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 28, 1997)

Article 1 With a view to standardizing the use and maintenance of residential property and other management services in this municipality, protecting the legitimate rights and interests of the proprietors, house users and property management enterprises, and creating and maintaining a neat, safe and comfortable living environment, the present Regulations are formulated in accordance with the relevant state laws and regulations, and in line with the actual circumstances of this municipality.

Article 2 The present Regulations apply to the residential property management within the administrative area of this municipality.

Article 3 The residential property (hereinafter referred to as property) specified in the present Regulations refers to the residential buildings and relevant public facilities.
The proprietors specified in the present Regulations refer to those who own the property. The users specified in the present Regulations refer to the lessees of the property and those other persons who actually use the property.
The property management enterprises specified in the present Regulations refer to those which, entrusted by proprietors or proprietors committees, perform professional management services in accordance with the property management and service contracts.

Article 4 Property management shall follow the principle of combining the autonomous management of proprietors with entrusted professional management services of property management enterprises.

Article 5 Shanghai Municipal Housing and Land Administration Bureau (hereinafter referred to as the Municipal Housing and Land Administrate on Bureau) shall be the competent authority of this municipality responsible for organizing the enforcement of the present Regulations.
The property management departments at district or county level shall be the administrative departments within their own areas in charge of the administration and supervision of the property management in accordance with the present Regulations.
Administrative departments of construction, planning, municipal administration, public utilities, power, post and telecommunication, environment sanitation, landscape gardening, housing, public security, price control, and industry and commerce shall coordinate in the enforcement of the present Regulations in accordance with their own responsibilities.
Subdistrict offices and township people's governments shall assist relevant administrative departments with supervision of property management and coordination of the mutual relations between property management and community management and services.

Chapter II Proprietors' Autonomous Management

Article 6 The proprietors committee is an organization which represents all the proprietors in property management within its property management area.
Only one proprietors committee shall be set up within one property management area.
The size of a property management area shall be determined by the district or county housing and land administrative departments in accordance with the relevant conditions of residence and public facilities.

Article 7 The proprietors committee shall be elected by the proprietors meeting or by the proprietors' representatives meeting. Members of the proprietors committee shall be chosen from the proprietors.
When one of the following situations exists within the property management area, the district or county property management departments concerned shall work jointly with residence-selling units to organize and hold the first proprietors meeting or the proprietors' representatives meeting so as to establish the proprietors committee through election:
1. More than 30% of the floor area of the publicly-owned residential buildings are sold;
2. More than 50% of the floor area of the newly-built commodity residential buildings are sold;
3. The residential buildings have been sold for two years already.

Article 8 The proprietors meeting shall be composed of all the proprietors within the property management area; the proprietors' representatives meeting shall be formed through proportional election when the proprietors within the property management area are great in number.
The proprietors meeting or the proprietors' representatives meeting shall be attended by more than half of the proprietors or proprietors' representatives. The decisions made by the proprietors meeting or the proprietors' representatives meeting shall be approved by more than half of the proprietors or by more than half of their representatives.
The proprietors committee shall convene the proprietors meeting or the proprietors' representative meeting at least once a year and shall, at the proposal made by more than 15% of the proprietors, or 15% of their representatives, convene the proprietors meeting or the proprietors' representatives meeting to discuss the proposals raised.
The proprietors meeting or the proprietors' representatives meeting shall invite representatives from among the neighborhood committee and house users to attend the meeting as non-voting delegates.

Article 9 The proprietors meeting or the proprietors' representatives meeting shall exercise the following functions and powers:
1. Elect or recall the members of the proprietors committee;
2. Examine and approve the regulations of the proprietors committee and proprietors' joint pledge;
3. Listen to, examine and approve the work reports on property management services supplied;
4. Make decisions on other major items concerning property management.

Article 10 The proprietors committee shall, within 15 days after its election, register at the district or county property management departments concerned with the following documents:
1. Application for the registration of the established proprietors committee;
2. the list of member of the proprietors committee;
3. the regulations of the proprietors committee.
The district or county property management departments shall complete the registration within 15 days after receipt of the registration application, and shall reject the application and inform the applicants in written form if the establishment of the proprietors committee does not conform to the provisions of the present Regulations.

Article 11 The proprietors committee shall be composed of 5 to 15 members according to the size of the property management area.
The chairman and vice-chairmen of the proprietors committee shall be chosen from among the committee members.
The term of the proprietors committee shall be two years.

Article 12 The proprietors committee shall protect the legitimate rights and interests of all the proprietors and perform the following duties:
1. Convene the proprietors meeting or the proprietors' representatives meeting and report implementation of property management within the area;
2. Engage or discharge property management enterprises, and make, alter, or cancel property management contracts signed with property management enterprises;
3. Be responsible for the raising, use, and management of the property maintenance fund that has been established in accordance with the present Regulations;
4. Examine and determine the annual plan, budget, and final accounts of property management services put forward by the property management enterprise;
5. Listen to complaints and suggestions of the proprietors and house users, and supervise management services conducted by the property management enterprise;
6. Supervise the proper use of public buildings and facilities;
7. Perform other responsibilities delegated by the proprietors or the proprietors' representatives meeting.
The proprietors committee shall hold meeting regularly which shall be effective only when more than half of the committee members attend, and decisions shall be made by more than half of the committee member voting for the decisions.

Article 13 Residence-selling units shall provide the property management area with necessary houses for property management services in accordance with relevant stipulations, and the ownership of there houses shall belong to all the proprietors; the profit gained from the houses used for property management services shall be spent to cover working expenses of the proprietors committee and replenish the property maintenance fund.
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