Decree No. 225 of the People's Government of Yunnan Province-Provisions on Property Management of Yunnan Province

Order of the People's Government of Yunnan Province
No. 225

The Provisions of Yunnan Province on Property Management, which were adopted at the 2nd Executive Meeting of the 14th People's Government of Yunnan Province on January 29, 2023, are hereby promulgated and shall come into force on May 1, 2023.

Governor Wang Yubo

February 14, 2023

Provisions of Yunnan Province on Property Management

Chapter I General Provisions

Article 1 In order to regulate property management activities, safeguard the legitimate rights and interests of property owners and property service providers, and create a good living and working environment, in accordance with the Civil Code of the the People's Republic of China of China, the State Council's Property Management Regulations and other laws and regulations, combined with the actual situation of the province, these regulations are formulated.

Article 2 These Provisions shall apply to residential property management activities within the administrative area of this Province; non-residential property management shall be implemented by reference.

The term "property management" as mentioned in these Provisions refers to the maintenance, maintenance and management of the buildings and their ancillary facilities and related sites in the property management area by means of self-management or selection of property service personnel, so as to maintain the environmental hygiene and order in the property management area. Property service providers include property service companies and other managers.

Article 3 Property management shall follow the principles of party building guidance, owner autonomy, openness and fairness, honesty and credit, and supervision according to law.

Article 4 Promote the establishment of grassroots party organizations in property service providers, owners' committees or property management committees to play a leading role in party building. Under the grass-roots governance system, establish and improve the governance mechanism with the participation of village (resident) committees, property service providers, owners' committees or property management committees.

Article 5 People's governments at or above the county level shall strengthen their leadership over property management, incorporate property management into the development plan of modern service industry in their respective administrative regions, establish a comprehensive coordination mechanism, and promote the development of property management and the construction of harmonious communities.

Article 6 The administrative department of housing and urban-rural construction of the people's government at or above the county level shall be responsible for the supervision and administration of property management activities within its administrative area. The departments of development and reform, public security, civil affairs, judicial administration, finance, natural resources, health, emergency response, auditing, market supervision, civil air defense, urban management and fire control shall, in accordance with their respective duties, do a good job in the supervision and management of property management activities.

Article 7 The township (town) people's governments and sub-district offices shall coordinate the property management activities within their administrative areas.

The village (neighborhood) committee shall assist the township (town) people's government and sub district office in carrying out property management work according to law.

Article 8 The property industry association shall strengthen the self-discipline management of the industry, standardize the practice of property service providers, carry out property service training, promote honest management, and improve the level of property service.

Chapter II Owners, Owners' Congress and Owners' Committee

Article 9 The owner of a house shall be the owner. The confirmation of the identity of the owner shall be based on the real estate register or other valid certificates stipulated by laws and administrative regulations.

Article 10 In property management activities, owners shall enjoy rights and perform obligations in accordance with laws, regulations and relevant contracts.

Article 11 The owners' assembly shall be composed of all the owners in the property management area, and one owners' assembly shall be established in one property management area. The division of property management areas should follow the principles of planning first, natural division, perfect functions, convenience and benefit to the people, and consider the common facilities and equipment of the property, the scale of buildings, the type of property, community construction and other factors.

Article 12 Before the sale of a newly-built property, the development and construction unit shall divide the property management area and file it with the administrative department of housing and urban-rural construction of the county-level people's government where the property is located. If it has been delivered for use but has not been divided into property management areas, or if it is necessary to adjust the property management areas, the administrative department of housing and urban rural construction of the people's government at the county level shall, after soliciting the opinions of the owners' representatives from the township (town) people's governments and subdistrict offices, put forward the proposal for the division or adjustment of the property management areas, which shall be jointly decided by the owners in accordance with the law. After the division of the property management area, the administrative department of urban and rural housing construction of the people's government at the county level shall make an announcement in a prominent position within the property management area.

Article 13 The meeting of the owners' assembly may be in the form of collective discussion or in the form of soliciting opinions in writing. Where a vote is required, the voting opinion shall be signed by the owner himself or by his agent. Support and encourage the use of information technology to improve the voting methods of the owners' meeting.

Article 14 The following matters shall be jointly decided by the owners:

(I) formulate and amend the rules of procedure of the owners' congress;

(II) formulating and amending management statutes;

(III) electing the owners' committee or changing the members of the owners' committee;

(IV) selecting, hiring and dismissing property service enterprises or other managers;

(V) use of funds for the maintenance of buildings and their ancillary facilities;

(VI) raise funds for the maintenance of buildings and their ancillary facilities;

(VII) alteration and reconstruction of buildings and their ancillary facilities;

(VIII) changing the use of the common parts or using the common parts to engage in business activities;

(IX) other significant matters relating to the right of co-ownership and co-management.

The matters jointly decided by the owners shall be voted by the owners whose exclusive part area accounts for more than 2/3 and the owners whose number accounts for more than 2/3. Decisions on the matters specified in Items 6 to 8 of the preceding paragraph shall be approved by the owners who participate in the voting of the exclusive part of the area of more than 3/4 and the owners who participate in the voting of more than 3/4. Decisions on other matters in the preceding paragraph shall be approved by more than half of the owners of the exclusive part of the voting area and more than half of the number of owners participating in the voting.

Article 15 The owners' committee is the executive body of the owners' assembly. The owners' committee shall, within 30 days from the date of election, file with the administrative department of housing and urban-rural construction of the county-level people's government where the property is located, the township (town) people's government, and the sub-district office. The owners' assembly and the owners' committee shall perform their duties in accordance with the law, and shall not make decisions unrelated to property management, and shall not engage in activities unrelated to property management.

Article 16 If the conditions for the establishment of an owners' assembly are not met, or it is indeed difficult to establish it, the township (town) people's government and sub-district office shall be responsible for the establishment of a property management committee composed of village (resident) committees, owners' representatives, etc., to temporarily replace the owners The committee carries out its work, and actively promotes the owners to establish the owners' assembly and elect the owners' committee. The composition of the property management committee shall be publicized in a prominent position within the property management area. If the owners' assembly has been established and the owners' committee has been elected, the township (town) people's government and sub-district office shall dissolve the property management committee.

Chapter III Property Management Services

Article 17 The owner may manage the property by himself, or may select a property service person to manage it. If a property service provider is selected to provide property services, only one property service provider can be selected for a property management area.

Article 18 The principles of reasonableness, fairness, openness and conformity of quality and price shall be followed in the charging of property services.

Property service charges should distinguish between the nature and characteristics of different properties, the implementation of government-guided prices and market-adjusted prices. The property service charging standards for the implementation of government-guided prices shall be formulated and announced by the people's governments at the state (city) and county levels in accordance with the pricing catalogue of the provincial people's government, combined with local conditions, and comprehensive consideration of factors such as property service quality and service costs; the implementation of market-adjusted prices Property service charges shall be agreed upon by the owner and the property service provider in the property service contract.

Article 19 The property service provider shall regularly publish the content of property services, service standards, charging items, charging standards and other relevant information, and the owners' committee shall supervise and verify the published information, and publicize the verification report in a prominent position in the property management area.

Article 20 A realty service person shall not commit any of the following acts:

The (I) fails to provide property services in accordance with the property service contract;

The (II) fails to publicize relevant information such as the charging standards for property services, the operation and income of the owner's common part, and the use of special residential maintenance funds in accordance with the regulations;

(III) charging fees in excess of the contractual agreement or in excess of the items and standards of fees publicized;

(IV) embezzlement or misappropriation of the owner's total operating income;

Refusing to withdraw from the property service project without justifiable reasons after the (V) property service contract is dissolved or terminated according to law;

(VI) misappropriation of special maintenance funds for residential buildings;

(VII) disclosure of the Owner's information;

(VIII) stop the power supply, water supply, heat supply, gas supply and other ways to urge the payment of property fees;

Other acts prohibited by (IX) laws and regulations.

Article 21 The real estate service provider shall establish a safety prevention system and emergency plan in accordance with regulations, improve safety prevention measures, and perform safety prevention responsibilities.

When a safety accident occurs in the property management area, the property service person shall, while taking emergency measures, report to the relevant administrative department in a timely manner and assist in the rescue work.

For the implementation of the emergency response measures and other management measures implemented by the government in accordance with the law, the owner shall cooperate in accordance with the law.

Article 22 Development and construction units shall, in accordance with the provisions, allocate necessary property service houses with basic functions such as water, electricity, ventilation and lighting in the property management area.

When issuing a construction project planning permit, the administrative department of natural resources shall specify the location and area of the property service room in the attached drawings of the permit; when the real estate registration agency handles the real estate registration, it shall indicate the location and area of the property service room.

The real estate service room and the shared facilities and equipment supporting room belong to all owners, and no organization or individual may change the use or illegally occupy it without authorization.

Article 23 the people's governments at or above the county level shall, in combination with the relevant plans and annual plans for the renovation and transformation of old residential areas, strengthen the guidance on the property management of old residential areas, promote professional operation, maintenance and management, and improve the living environment and living conditions of residents.

Chapter IV Use and Maintenance of Property

Article 24 Owners and property users shall abide by the provisions of laws and regulations in the use and maintenance of the property.

The following acts are prohibited in the property management area:

(I) damage to the load-bearing structure and main structure of the house;

(II) of illegally constructed buildings (structures);

(III) encroach on or damage the common part of the property;

(IV) unauthorized alteration of the planned use of the property;

(V) arbitrary disposal of garbage and discharge of pollutants;

(VI) occupation, blockage and closure of refuge floors, evacuation passages, fire truck passages and safety exits;

(VII) violate the relevant provisions on the prevention and control of noise pollution and create noise to interfere with the normal life of others;

Charging electric vehicles (VIII) pulling wires and cables privately;

(IX) throwing objects from the building;

(X) damage the lines and equipment of security facilities, or affect the functions of security facilities;

(11) Other acts prohibited by laws and regulations.

In case of the above-mentioned acts in the property management area, the property service person shall take reasonable measures to stop them in time, report to the relevant administrative department and assist in handling.

Article 25 Upon the joint decision of the owners in accordance with the law, the owners' committee may be authorized, or the property service person or other entities may be entrusted to use the common parts, shared facilities and equipment to carry out business activities. The income generated by the operation, after deducting reasonable costs, belongs to the owner.

Article 26 Owners of residential houses, non-residential houses in residential quarters or non-residential houses connected to single-house structures shall deposit special maintenance funds for residential houses in accordance with the law. If the first-phase residential special maintenance funds are not deposited, the development and construction unit shall not deliver the house to the buyer.

If the balance of the special maintenance fund for the owner's household-by-household book residence is less than 30% of the initial deposit, it shall be renewed in a timely manner.

The administrative department of housing and urban-rural construction of the people's government at the county level where the property is located shall publicize the raising and use of special housing maintenance funds in accordance with the law.

Chapter V Supervision and Administration

Article 27 The administrative departments of housing and urban-rural construction of the people's governments of provinces and prefectures (cities) shall perform the following duties:

(I) formulate policies related to property management and organize their implementation;

(II) establish and improve the credit evaluation system of property service personnel;

(III) establish and improve property service standards and norms;

(IV) formulate model texts such as management statutes, rules of procedure of owners' conferences, and property service contracts;

To (V) guide and supervise the management of special maintenance funds for residential buildings;

(VI) other duties as required by laws and regulations.

Article 28 The administrative department of housing and urban-rural development of the people's government at the county level shall perform the following duties:

(I) implement relevant laws, regulations and policies on property management;

The (II) is responsible for the credit management of property service providers, and conducts credit evaluation and rating of property service providers;

(III) supervision and management of property management bidding activities;

(IV) supervision and management of residential special maintenance funds;

(V), guide and supervise the work related to property inspection;

(VI) other duties as required by laws and regulations.

Article 29 the people's governments at or above the county level shall establish and improve the system for handling complaints and reports of illegal acts of property management, and publish the law enforcement matters and the telephone number of the relevant administrative departments in a prominent position in each property management area within their respective administrative areas.

The relevant administrative departments of the people's governments at or above the county level shall promptly handle the complaints and reports according to law. Owners, owners' committees, property service providers and other relevant units and individuals shall cooperate and assist, and shall not refuse or hinder the supervision and inspection personnel from carrying out their work in accordance with the law.

Article 30 Township (town) people's governments and sub-district offices shall perform the following duties of territorial administration:

(I) guide and supervise the formation and re-election of the owners' assembly and the owners' committee;

(II) guide and supervise the daily work of the owners' assembly and owners' committee;

To (III) and guide the relevant work of the Property Management Committee;

(IV) participate in property inspection, and guide the transfer and takeover of property management projects within the administrative area;

(V) assist in the collection and verification of credit information of property service providers within the administrative area;

(VI) other duties as required by laws and regulations.

Chapter VI Legal Liability

Article 31 If a staff member of a state organ takes advantage of his position in property management to accept property or other benefits from others, fails to perform his duties of supervision and management in accordance with the law, or fails to investigate and deal with illegal acts, if the case constitutes a crime, he shall be investigated for criminal responsibility according to law; if the case does not constitute a crime, he shall be punished according to law.

Article 32 If a development and construction unit delivers a house without the buyer depositing the first phase of the special maintenance fund for the house, the administrative department of housing and urban-rural construction of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be punished. A fine of less than 30000 yuan.

Article 33 Where laws and regulations provide for legal liability for violations of these Provisions, such provisions shall be followed.

Chapter VII Supplementary Provisions

Article 34 These Provisions shall come into force as of May 1, 2023. Promulgated by Order No. 135 of the People's Government of Yunnan Province on August 10, 2005 and amended by Order No. 151 of the People's Government of Yunnan Province on November 22, 2008, the Provisions on Property Management of Yunnan Province shall be repealed simultaneously.