Chapter I General Provisions
Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, ensure the rational use of property, and improve people's living and working environment, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and other relevant laws and regulations, combined with the actual situation of this Municipality.
Article 2 These Regulations shall apply to property management activities within the administrative area of this Municipality. The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses and their supporting facilities, equipment and related sites by hiring property service enterprises or professional service enterprises, and to maintain the environmental sanitation and order in the relevant areas.
Article 3 People's governments at all levels in this Municipality shall create conditions to gradually implement property management for residential and non-residential properties, and advocate and guarantee owners to choose property service enterprises through an open, fair and just market competition mechanism.
Fourth city real estate administrative departments responsible for the supervision and management of the city's property management activities. County (city) and district real estate administrative departments shall supervise and manage the property management activities within their respective jurisdictions. High-tech Industrial Development Zone Management Committee is responsible for the supervision and management of property management activities within its jurisdiction within the scope entrusted by the municipal real estate administrative department. The finance, development and reform, planning, construction, price, urban management, public security, civil affairs, health, civil air defense and other departments of the people's governments at all levels shall supervise and manage the property management activities within their respective functions and duties.
Article 5 Sub-district offices and Township People's governments shall assist the real estate administrative departments in their respective jurisdictions to supervise and manage property management activities, be responsible for mediating property management disputes, organize and guide the establishment of the owners' assembly and the change of the owners' committee in their respective jurisdictions, and supervise the owners' assembly and the owners' committee to perform their duties according to law. Urban community residents' committees shall assist neighborhood offices and township people's governments in supervising, guiding and coordinating the work of owners' congresses and owners' committees, and mediate property management disputes within communities according to law; You can attend the owners' congress, owners' congress and owners' committee meetings as nonvoting delegates; You can set up public welfare posts and strengthen the work related to property management.
Chapter II Owners and Owners' Congress
Article 6 The owner of a house is the owner. Owners shall enjoy rights and perform obligations in property management activities according to law.
Seventh a property management area shall set up a general meeting of owners. The division of property management areas shall be determined by the county (city) and district real estate administrative departments according to the scope of the red line map determined by the construction land planning permit, taking into account the factors such as property facilities and equipment, building scale, community construction and urban road planning. If a property is developed and built by stages or by two or more construction units, and its supporting facilities and equipment are used by * * * *, it shall be included in a property management area; If the supporting facilities and equipment can be used separately, the property management area can be designated separately.
Article 8 The owners' congress is composed of all owners in the property management area. If there is only one owner or a few owners and all the owners agree unanimously, the owners shall perform the duties of the owners' meeting and the owners' committee. If it is not convenient to convene all owners' meetings due to a large number of owners, with the consent of most owners, owners' representatives can be elected to participate in the owners' meetings with units, buildings or a certain construction area and the number of owners as the electoral units.
Ninth has been delivered to the use of property owners occupancy rate reached more than 50%, occupancy area reached more than 50%, the property is located in the neighborhood offices or Township People's government shall guide the establishment of the owners' meeting. The establishment of the owners' meeting can be preceded by the establishment of the preparatory body for the owners' meeting, which is responsible for the specific work of the establishment of the owners' meeting. The preparatory body of the owners' congress consists of seven to eleven representatives of the owners' representatives, neighborhood offices or township people's governments. The proportion of owners' representatives in the preparatory organization shall not be less than half of the members. Representatives of the owners shall be registered voluntarily by the owners and determined by the sub-district offices or township people's governments. The owner's representative shall be an owner who is enthusiastic about serving the owner, has a strong sense of responsibility and has certain organizational ability.
Article 10 The following matters shall be decided by the owner:
(a) to formulate and amend the rules of procedure and management regulations of the owners' congress;
(two) to elect the owners' committee or replace the members of the owners' committee;
(three) to supervise the work of the owners' committee, listen to the work report of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;
(four) if the owners' committee fails to perform its duties, it shall be instructed to resume its duties;
(five) hiring property services companies;
(six) to raise and use special funds for residential maintenance;
(seven) decided to rebuild and rebuild buildings and their ancillary facilities;
(eight) to decide other property management matters within the property management area.
Eleventh the first owners' meeting shall elect the owners' committee. The owners' committee is the executive body of the owners' congress. The owners' committee consists of five to thirteen members. The chairman and deputy directors of the owners' committee are elected among the members of the owners' committee.
The owners' committee shall perform the following duties:
(a) to convene a meeting of the owners' congress and report on the implementation of property management;
(two) on behalf of the owners and the owners of the general assembly to select the realty service enterprise to sign a realty service contract;
(three) to organize the change, re-election and supplement of the owners' committee;
(four) timely understand the opinions and suggestions of the owners and property users, supervise and assist the property service enterprises to perform the property service contract, and stop and report the acts of the property service enterprises that damage the rights and interests of the owners to the relevant administrative departments;
(five) to supervise the implementation of the owners' management agreement and urge the owners to pay the property management fees that should be paid in accordance with the contract;
(six) to accept the complaints of the owners and users to the property service enterprises;
(seven) with the neighborhood offices or Township People's governments and residents' committees to do a good job in the community management of this residential area;
(eight) other duties entrusted by the owners' congress.
Twelfth owners' congress shall be held regularly in accordance with the provisions of the rules of procedure of the owners' congress. The meeting of the owners' congress shall be convened by the owners' committee. If more than one-fifth of the owners propose to convene the owners' meeting, the owners' committee shall organize an interim meeting of the owners' meeting within thirty days. If the owners' committee does not organize the convening, more than one tenth of the owners may jointly apply to the county (city) district real estate administrative department where the property is located, requesting the convening of the owners' meeting. The real estate administrative department that accepts the application shall promptly urge the convening. When the owners' meeting is held, all owners shall be notified fifteen days ago, and the owners' committee shall keep the minutes of the owners' meeting.
Article 13 The owners' committee shall, within 30 days from the date of election, report the election results and election situation of the owners' committee, management regulations and rules of procedure of the owners' congress to the county (city) district real estate administrative department for the record, and publicize the election results, management regulations and rules of procedure of the owners' congress within the property management area. Where the matters recorded and publicized by the owners' committee change, they shall be re-recorded and publicized in accordance with the provisions of the preceding paragraph.
Fourteenth decisions of the owners' congress are binding on all owners, users and owners' committees. The owners' congress and the owners' committee shall perform their duties according to law, and shall not make resolutions or decisions or engage in activities unrelated to property management.
Fifteenth owners' congress collectively exercise their rights in property management activities and safeguard the legitimate rights and interests of all owners. Matters decided by the owners' congress can be discussed collectively or solicited in writing, but there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area. When attending the owners' meeting, the owners' representatives elected by the owners shall solicit in advance and truthfully reflect the wishes of the owners. The owner may entrust an agent to attend the meeting of the owners' congress and exercise the right to vote.
Article 16 The owners' congress shall formulate and revise the rules of procedure of the owners' congress, formulate and revise the management regulations, elect or re-elect the owners' committee, select and dismiss the realty service enterprise, and other major matters involving the management rights of * * * and * * * shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number; The decision to raise and use special maintenance funds, rebuild and rebuild buildings and their ancillary facilities shall be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number.
Seventeenth owners' committee in any of the following circumstances, by the property where the county (city), the district real estate administrative departments to stop, ordered to make corrections within a time limit or revoke its decision. If the circumstances are serious, it may suspend its activities and notify all owners:
(a) the owners' committee acts in violation of laws, regulations and policies;
(two) the behavior of the owners' committee endangers community stability and social stability;
(three) the owners' committee violates the legitimate rights and interests of the owners.
Chapter III Property Service Enterprises
Eighteenth enterprises engaged in property services activities should have an independent legal personality, engaged in the corresponding qualification level of property services. Personnel engaged in property management shall obtain corresponding qualification certificates and participate in corresponding vocational education and training on a regular basis.
Nineteenth property service enterprises shall regularly accept the qualification verification of real estate administrative departments in accordance with the provisions. Those who refuse to accept the qualification verification shall not continue to engage in property services.
Twentieth property service enterprises shall enjoy the following rights:
(a) according to the property service contract management;
(two) in accordance with the property service contract to collect service fees;
(three) to supervise the decoration activities;
(four) to ask the responsible person to stop the damage to the parts, facilities, equipment and sites of the property;
(five) other rights stipulated by laws and regulations and the property service contract.
Article 21 A realty service enterprise shall perform the following obligations:
(a) to provide property services in accordance with the requirements of the property services contract;
(two) accept the supervision of the owners and the owners' committee, and regularly report to the owners' congress and the owners' committee on the performance of the property service contract and the use of the property maintenance funds, and publish them;
(3) Publicizing the charging items and standards stipulated in the realty service contract;
(4) Publicizing the operating income and expenditure of using the ×× parts and facilities and equipment;
(five) to assist the relevant departments to stop illegal acts and maintain the regional order of property management;
(six) other obligations stipulated by laws and regulations and the property service contract.
Twenty-second property service enterprises shall assist the relevant departments to do a good job in public security, safety and accident prevention within the property management area. When illegal and criminal cases or safety accidents are discovered, the realty service enterprise shall report to the relevant departments in a timely manner while taking emergency measures to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties in accordance with the law when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.
Twenty-third real estate administrative departments should strengthen the supervision and management of property service enterprises, assess their property service activities, and promote property service enterprises to improve their service level. The realty service enterprise shall regularly submit statements, basic information of the enterprise and other relevant materials to the real estate administrative department. The realty service enterprise shall, within thirty days from the date of signing the realty service contract, file with the county (city) or district real estate administrative department where the property is located.
Chapter IV Early Property Management
Twenty-fourth prophase property management refers to the property management from the date of house sale to the effective date of the property service contract signed by the owners' committee and the property service enterprise. Before the owners and the owners' congress hire the realty service enterprise, the construction unit may hire the realty service enterprise with corresponding qualifications to implement the preliminary realty management; If a realty service enterprise is hired, a preliminary realty service contract shall be signed. When the realty service contract signed by the owners or owners' committee and the realty service enterprise hired or renewed comes into effect, the prophase realty service contract is terminated. During the prophase property management, the property service fee incurred before the property is delivered to the owner shall be borne by the construction unit, and the property service fee after the property is delivered to the owner shall be borne by the owner. Unless otherwise agreed by the parties.
Twenty-fifth residential property construction units, should choose a property service enterprise with corresponding qualifications through bidding; If there are less than three bidders or the total residential construction area is less than 30,000 square meters, with the approval of the real estate administrative department at or above the county level where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement.
Twenty-sixth new property construction units in the pre-sale (sale) of housing permits, should be to the property where the city real estate administrative departments to provide pre-property service contracts and temporary management regulations; For newly-built residential properties, the filing documents of property management bidding shall also be provided.
Twenty-seventh when the construction unit sells the property, it shall take the main contents agreed in the preliminary property service contract and the temporary management agreement as the offer part of the property sales contract.
Twenty-eighth construction units will not meet the delivery standards of new residential delivery, or meet the delivery standards but not delivered for more than half a year, by the city real estate, construction, planning and other relevant departments recorded in the enterprise credit files. If losses are caused to the purchaser, the construction unit shall bear the responsibility. When a new residential property is delivered for use, it shall conform to the standards for the configuration and use of supporting buildings, facilities and equipment for new residential buildings. Can not meet the distribution standards, not for the initial registration of housing ownership, property service fees borne by the construction unit. City, county (city), mining area real estate administrative departments responsible for the acceptance of new residential property supporting buildings and facilities and equipment configuration within their respective jurisdictions, and publicity in the property management area. The allocation and use standards of supporting buildings, facilities and equipment for new residential properties shall be formulated by the Municipal People's Government.
Article 29 When planning and designing new residential areas, it is necessary to make overall planning and rational layout of property management facilities, build property management houses at a ratio of not less than three thousandths of the total construction area of residential buildings developed and constructed, and build property management houses at a ratio of not less than four thousandths, and the expenses shall be included in the construction cost. Property management houses and property management houses are owned by all owners and may not be bought, sold, mortgaged or used for other purposes. The income from property management houses belongs to all owners. The management mode and income management of property management houses shall be decided by the owners' meeting. It can be used to offset the property service fee and make up for the shortage of special maintenance funds. The income from the use of property management houses shall be subject to the supervision and guidance of the municipal, county (city) and district real estate administrative departments, and shall be announced to the owners regularly. When applying for the initial registration of house ownership, the construction unit shall apply for the registration of the property management house and the property management house together, and hand it over to the owners' assembly or owners' committee in time after the establishment of the property management area.
Article 30 The construction unit and the realty service enterprise it selects shall conduct the handover and acceptance of realty management, and hand over the realty management premises, public facilities, equipment and related materials to the realty service enterprise. When the prophase realty service contract is terminated, the realty service enterprise shall hand over the premises, facilities, equipment and materials for realty management mentioned in the preceding paragraph to the owners' committee. The county (city), district real estate administrative department, subdistrict office or township people's government where the property is located shall supervise the handover acceptance and handover, sign corresponding documents for confirmation, and publicize them in the property management area.
Thirty-first prophase realty service enterprise can not fulfill the prophase realty service contract, the construction unit shall re-employ the realty service enterprise to take over the service. The charging standards and service standards of the re-hired realty service enterprise shall be consistent with the publicity standards before the property is sold, and all the owners shall be informed.
Chapter V Property Services
Article 32 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. A realty service contract shall include realty service matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, operating expenses of public facilities and equipment, offset of occupancy fees of realty management rooms and realty service fees, contract term, dispute settlement method, liability for breach of contract, etc. Before the signing of the realty service contract, the owners' committee shall publicize the draft realty service contract in the realty management area, fully listen to the opinions of the owners, and submit it to the owners' meeting for adoption. Neighborhood offices and Township People's governments shall guide and help the owners' committee to sign and perform property service contracts with property service enterprises, and safeguard the legitimate rights and interests of owners.
Thirty-third in the same property management area, only one property service enterprise can be entrusted to provide services, and professional service enterprises can also be hired to undertake property services such as facilities, sanitation, landscaping, house repair and order maintenance in the property management area. The hiring of realty service enterprises or professional service enterprises shall be conducted by public bidding, and other methods shall be decided by the owners' meeting. Property management should accept the supervision and management of the real estate administrative department.
Article 34 The realty service enterprise shall strengthen the patrol management in the realty management area, promptly stop the illegal acts such as violating public security management, planning, illegal construction, illegal decoration, damage to public facilities and equipment and green space environment, and report to the relevant administrative departments. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.
Article 35 A realty service enterprise may entrust an enterprise with corresponding qualifications to complete special services within the realty management area, but may not entrust or transfer the realty service contract in whole or in part to others. The losses caused by entrustment or transfer shall be borne by the realty service enterprise.
Thirty-sixth property services to implement paid services. Property service charges should follow the principles of reasonableness, openness and adaptability between charges and service quality. The property service fee standard for ordinary houses shall be formulated by the municipal price administrative department in conjunction with the municipal real estate administrative department, and the government-guided price shall be implemented and announced to the public. The specific charging standard shall be determined by the owners and the realty service enterprise through consultation within the scope of government guidance price. Property service fees other than ordinary houses shall be subject to market adjustment prices, which shall be determined through consultation between the owners and the property service enterprises. The standards and collection methods of property service fees shall be stipulated in the property service contract and publicized to the owners.
Thirty-seventh more than three months, not occupied, used, renovated vacant property, vacant period to pay 20% of the property service fee. Unless otherwise agreed by both parties to the realty service contract. The start and end time of the owner's vacant property shall inform the property service enterprise in advance and afterwards, and go through the relevant formalities.
Thirty-eighth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units shall charge the relevant fees to the end users. The realty service enterprise accepts the entrustment to collect relevant fees, and may not collect additional fees such as handling fees from the owners. No unit or individual may force the realty service enterprise to collect relevant fees and provide free services.
Thirty-ninth three months before the expiration of the realty service contract, the realty service enterprise and the owner shall negotiate whether to renew the contract. If both parties renew the contract, they shall re-sign the property service contract; If one party does not renew the contract, it shall notify the other party three months before the expiration of the contract. If the owner or the realty service enterprise terminates the realty service contract in advance, it shall negotiate with the other party three months ago. If negotiation fails, it shall be settled in accordance with the dispute settlement method agreed in the contract. During the negotiation or settlement of disputes between the two parties, neither party may unilaterally terminate the performance of the obligations stipulated in the contract.
Fortieth when the realty service contract is terminated, the original realty service enterprise shall handle the following return matters to the owners' committee:
(a) the balance of property service fees, property maintenance funds, property use income and property management space;
(2) Property files;
(3) Property management places;
(4) Other property owned by the owner. After the newly-selected realty service enterprise is determined, the owners' committee shall hand over the property files, property management houses and other related matters listed in the preceding paragraph to the newly-selected realty service enterprise.
Article 41 Upon the expiration of the realty service contract, if both parties fail to renew the contract or terminate the contract in advance, the owners and realty service enterprises shall notify the subdistrict office or the township people's government and the county (city) or district real estate administrative department where the property is located in writing. County (city) and district real estate administrative departments shall notify the property management area within five days after receiving the notice, and coordinate and solve related matters in time.
Forty-second property services companies to fulfill their obligations in accordance with the contract, the owners should pay the property service fees on time, and shall not refuse to pay on the grounds of giving up the rights of * * *. When the property right is transferred, the owner shall settle the property service fee. It is forbidden for the realty service enterprise to stop water, power and heating for the owner for any reason other than that stipulated in the realty service contract, and to charge the owner any fees other than that stipulated in the realty service contract. Owners have the right to refuse and report the behavior of property service enterprises to collect fees other than those stipulated in the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property management fee, the owner shall bear joint and several liability from the agreement. Property users refer to property lessees and other non-owners who actually use the property.
Forty-third the rights and obligations of property users in property management activities shall be agreed by the owners and users, but they shall not violate laws and regulations, management regulations and decisions of the owners' meeting, and shall not harm the interests of the public and others.
Forty-fourth people's governments at all levels should establish a mediation mechanism for property management disputes, properly resolve disputes over property management and property services, and safeguard the legitimate rights and interests of both parties. City, county (city) district real estate administrative departments shall promptly handle the complaints of owners, owners' committees, property users and property management service enterprises in property management activities, and reply the results to the complainant.