-About special maintenance funds for houses.
Three kinds of emergency fund applications
Five working days to complete the audit.
In the past, owners generally paid special maintenance funds for houses when handling real estate licenses. The "Regulations (Draft)" proposes that the construction unit should deposit the first phase of residential special maintenance funds into the special account for residential special maintenance funds at one time before handling the initial registration of housing ownership, and collect them from the owners when the property is delivered for use.
At the same time, a "green channel" system was established. In case of elevator failure, danger of external wall falling off, dysfunction of special drainage facilities due to collapse, blockage, bursting and other reasons, which endangers personal safety or seriously affects the living life of owners, if the owners' committee, property management committee, owners, property service enterprises and community residents' committee need immediate maintenance and renovation, they can put forward suggestions on the use of funds to the housing special maintenance fund management department. The management department shall complete the audit within five working days from the date of receiving the written application.
Chen Guanghua, deputy dean of Hohai University Law School and leader of the drafting group of Nanjing Residential Property Management Regulations, explained: This is to ensure that the special maintenance funds for residential buildings can be used urgently and not abused, and to solve the problem of difficult use generally reflected by owners. The "Regulations (Draft)" proposes to complete the audit within five working days, and it is still under study, and the audit speed may be accelerated.
-About the boss
If the property fee is not paid, it will be recorded in the personal credit file.
The "Regulations (Draft)" proposes that the owner violates the property service contract, such as failing to pay the property service fee, violating laws and regulations, temporary management regulations and management regulations. And confirmed by the effective judgment or arbitration award, it will be recorded in the personal credit file in accordance with the relevant provisions on the management of personal credit information.
Wei Changming, director of the Environmental Capital Construction Committee of the Standing Committee of the Municipal People's Congress, explained that it is a legal obligation stipulated in the State Council's Property Management Regulations that the owners refuse to pay property fees. On the surface, it is a kind of "counter-measure" against the substandard service of property enterprises, which actually infringes on the rights and interests of paid owners.
Some owners didn't pay the fees,
* * area shall not be cut off from water, electricity and gas.
The "Regulations (Draft)" proposes that professional business units such as water supply, power supply, gas supply, heat supply, communication and cable TV in the property management area should charge relevant fees to the end users. Professional business units shall not stop providing services to paying users and * * * because some end users fail to fulfill their payment obligations.
Interpretation by Chen Guanghua: There is a contractual relationship between franchisees and users. If the franchise unit stops the service for paying users or * * * users, such as disconnecting the power supply of elevators and street lamps in the community, it is actually a breach of contract and an infringement on the rights of paying owners.
-About property service enterprises
There is serious dishonesty,
Stop the service qualification of this city within one year.
The "Regulations (Draft)" has stricter constraints on property service enterprises. Property service enterprises have serious dishonesty, stop their market activities in this city within one year, and shall not declare all kinds of property service demonstration projects in this city within two years.
Shen Shuguang, deputy director of the Environmental Infrastructure Committee of the Standing Committee of the Municipal People's Congress, interprets: The "Regulations (Draft)" * * lists eight acts of dishonesty, including: refusing to withdraw from the property management area after dissolving or terminating the property service contract according to law, and failing to hand over the information as required when withdrawing; Disclosure of owner information; Malicious harassment, violence or retaliation against the owners and members of the owners' committee aims at strengthening the contractual awareness of property service enterprises and standardizing service behavior.
Found illegal construction, occupation of public places, etc. , report to the relevant departments.
The "Regulations (Draft)" proposes that all units and individuals should maintain the facilities and environment in the property management area. It is found that the load-bearing structure, main structure and doors and windows of the house are damaged or altered without authorization; Illegal erection of buildings and structures; Unauthorized occupation and excavation of roads and sites within the property management area, which damages the interests of the owners, the property service enterprise shall promptly discourage and stop, and report to the relevant departments and the owners' committee. The realty service enterprise and the owners' committee have the right to require the actor to stop the infringement, eliminate the danger, remove the obstruction, restore the original state and compensate for the losses.
Wei Changming's interpretation: This article is mainly aimed at the common problems of illegal construction, illegal decoration, broken walls to open stores, encroachment on public passages, group rent, etc. in residential quarters, and provides corresponding punishment measures.
-About government supervision and inspection
Real-name complaints about property management violations,
It is necessary to reply within a time limit and investigate and deal with it according to law.
The "Regulations (Draft)" specially set up a chapter on "supervision and inspection", which requires the establishment of a real-name complaint registration and time-limited reply system for illegal acts in the property management area. The Municipal People's Government shall specify the registration items, complaint handling procedures and the confidentiality system for real-name complaints. All administrative departments shall perform their duties in accordance with the division of functions, promptly accept complaints from owners and relevant units, and investigate and deal with violations of laws and regulations according to law.
Interpretation by Chen Guanghua: The "Regulations (Draft)" determines the direction of owner autonomy, supplemented by moderate government intervention, and focuses on standardizing the rights and obligations of five parties, including property service enterprises, owners (owners' organizations), construction units, government departments and franchise units, aiming at promoting owner autonomy, strengthening government supervision and promoting the healthy development of the industry.
It is reported that the relevant working bodies of the Municipal People's Congress will actively absorb and solicit opinions, further improve the "Regulations (Draft)", and make full preparations for the second instance of the Standing Committee meeting and the deliberation of the National People's Congress next year.