The full text of "Zhangzhou Property Management Regulations"

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these Provisions are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Regulations on Property Management and the Regulations on Property Management of Fujian Province, and in combination with the actual situation of this Municipality.

Article 2 These Provisions shall apply to property management activities and their supervision and management within the administrative area of Zhangzhou City.

Article 3 Zhangzhou Housing Security and Real Estate Management Bureau shall be responsible for the supervision and management of property management activities in the whole city. The main responsibilities are:

(a) responsible for publicity, implementation and enforcement of national and local property management laws, regulations and relevant provisions, and formulate relevant normative documents on property management in our city;

(two) to guide and supervise the city's property management;

(three) to be responsible for the qualification examination, certification and annual inspection of the three-level (including tentative three-level) property service enterprises;

(four) responsible for the supervision of property special maintenance funds within the urban area;

(five) responsible for coordinating and handling major contradictions and disputes in property management;

(six) responsible for the establishment and management of the city's property service enterprises credit files, strengthen the supervision of the service behavior of property service enterprises;

(seven) to guide and supervise the work of the Municipal Property Management Association, and promote the Municipal Property Management Association to strengthen industry guidance and industry self-discipline.

Construction, planning, urban management administrative law enforcement, health, environmental protection, fire protection, price, industry and commerce, public security and other relevant departments at all levels shall do a good job in the supervision and management of property management according to their respective responsibilities.

Fourth counties (cities, districts) real estate administrative departments responsible for the daily supervision and management of property management activities within their respective administrative areas. The main responsibilities are:

(a) to guide the neighborhood offices (Township People's governments) and neighborhood (Village) committees in property management;

(two) responsible for the establishment and filing of the owners' meeting and the owners' committee;

(three) to be responsible for the preliminary qualification examination and qualification examination of the three-level (including the tentative three-level) property service enterprises;

(four) the establishment of property management complaints acceptance system, timely handling of property management disputes;

(five) to strengthen the daily supervision of the property enterprise service behavior, service quality, owners' meeting and owners' committee behavior;

(six) responsible for the filing of property service contracts and temporary management agreements.

County (city) real estate administrative departments are responsible for the supervision of special maintenance funds for property within their respective administrative areas.

Fifth street offices (Township People's Government) shall be responsible for coordinating the relationship between property supervision and management and community construction within their respective administrative areas. The main responsibilities are:

(a) responsible for the inspection and supervision of the neighborhood (Village) committee's property management;

(two) responsible for the preparation of the owners' meeting and guiding the establishment of the owners' committee, and responsible for the liquidation of property after the dissolution of the owners' meeting;

(three) to strengthen the daily supervision of property service enterprises, owners' congress and owners' committee, coordinate the relationship between property management and community construction, and coordinate the handling of disputes and complaints between owners' committee and owners, owners and owners;

(four) actively guide the old residential areas to set up owners' meetings, improve the basic conditions, and gradually implement property management;

(five) to be responsible for the preliminary examination of the qualification of the three-level (including the tentative three-level) property service enterprises within the jurisdiction.

Sixth neighborhood (village) committees are responsible for coordinating with relevant departments to do a good job in the guidance, supervision and inspection of daily property management activities within their respective jurisdictions. The main responsibilities are:

(a) to be responsible for the guidance, coordination and supervision of the work of the owners' congress and the owners' committee within their respective jurisdictions;

(two) responsible for the supervision of the owners' committee to do a good job in the transfer of property management when the property service contract is terminated;

(three) to send personnel to participate in the liquidation of property after the dissolution of the owners' meeting;

(four) for the area that has been naturally formed and uncontroversial, it is responsible for making written suggestions to the county (city, district) real estate administrative department to confirm the property management area;

(five) to coordinate and handle disputes between owners, owners and owners' committees, and owners and property service enterprises.

Seventh independent non-residential property projects can be used as an independent property management area.

Article 8 If the number of owners in a property management area exceeds 65,438+000, an owner's representative can be elected in units of buildings, units and floors, and the owner's representative can attend the owners' meeting. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress 3 days before attending the meeting. If a vote is required, the owner agrees, opposes or abstained. The specific number of votes shall be truthfully reflected when voting at the owners' meeting after being signed by the owner's representative himself. If the owner refuses to sign, it shall be deemed as a waiver. In residential areas where property management is implemented, at least one owner representative shall be elected for each house; In the villa area, at least one owner's representative shall be elected for each 10 villa.

Article 9 For residential quarters with a total construction area of over 20,000 square meters or high-rise residential buildings with a total construction area of over 1 10,000 square meters, the development and construction unit shall select a realty service enterprise to implement prophase realty management through bidding, sign prophase realty service contracts, and report to the county (city, district) real estate administrative department where the property is located for the record within 30 days.

It is suggested that the development and construction units of other construction projects adopt the bidding method to select property service enterprises to implement preliminary property management. If there are fewer than three bidders, with the approval of the real estate administrative department of the county (city, district) where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement.

Tenth development and construction units shall formulate temporary management regulations before property sales and resettlement, and the temporary management regulations shall be filed with the county (city, district) real estate administrative departments within 30 days after formulation.

The contents of the temporary management agreement shall not violate laws and regulations, and shall not harm public interests and the legitimate rights and interests of property buyers.

Eleventh development and construction units shall, before the sale and resettlement of the property, express the temporary management agreement to the property buyer and the demolished person, and explain it. Property buyers and people who have been demolished shall make a written commitment to abide by the temporary management agreement when signing the property sale, demolition and resettlement contract with the development and construction unit.

Article 12 The development and construction unit is the tendering unit for the preliminary property management. Under the supervision of the local real estate administrative department, it is responsible for the bidding for the preliminary property management and completes the bidding within the following time limit:

(a) new commercial housing projects should be within 30 days before the sale;

(two) before the pre-sale of commercial housing projects, the "Pre-sale Permit for Commercial Housing" should be obtained;

(three) new property projects that are not for sale shall be delivered for use within 90 days before use.

Thirteenth development and construction units shall go through the formalities of property acceptance with the property service enterprises. Inspection found that supporting facilities, equipment, engineering quality does not meet the requirements of the problem, by the development and construction units responsible for rectification, development and construction units should be within 30 days will meet the acceptance requirements of the relevant procedures reported to the real estate administrative departments at or above the county level for the record.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over relevant materials to the owners' committee.

Fourteenth planning and expansion plan joint trial, the development and construction unit shall invite the local real estate administrative departments to participate, and in the design text clear the specific location and corresponding area of the property management room.

Urban and rural planning and management departments shall review the location and area of property management houses when issuing construction project planning permits. After the property management house is determined, the development and construction unit shall hand it over to the property service enterprise when handling the property acceptance formalities, and report it to the real estate administrative department at or above the county level for the record.

Property management houses belong to all owners and are used by property service enterprises. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house.

Article 15 Foreign realty service enterprises entering this city to engage in realty management and business activities shall hold relevant legal and valid certificates such as the qualification certificate of realty service enterprises, go through relevant formalities at the local industrial and commercial bureau according to law, and go through filing and registration formalities at Zhangzhou Housing Security and Real Estate Management Bureau.

The realty service enterprise shall provide corresponding realty service according to the realty service contract within the scope of its qualification grade, accept the supervision of the owner, voluntarily join the trade association, and abide by the articles of association and other self-discipline provisions.

Article 16 A realty service enterprise shall announce the realty service items, service standards and charging standards within the realty management area.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel.

Seventeenth of the property management area in violation of urban management, public security, environmental protection, property decoration and use of related laws and regulations, property service enterprises should be discouraged and stopped, and timely report to the relevant administrative departments.

Eighteenth county (city, district) real estate administrative departments shall establish and improve the complaint reporting system, publish the telephone number of the complaint reporting, check and deal with the contents of the complaint reporting in a timely manner after accepting the complaint reporting, and inform the complainant of the results of the verification and handling.

Nineteenth illegal construction activities that encroach on public areas within the property management area shall be punished by the municipal urban management administrative law enforcement bureau or the county (city) planning administrative department according to law.

Illegal acts such as unauthorized removal and alteration of the load-bearing structure of houses within the property management area shall be punished by the construction administrative department according to law.

In addition to the preceding two paragraphs, illegal acts in violation of property management laws and regulations within the property management area shall be punished by the real estate administrative departments at or above the county level, and shall be punished in accordance with relevant regulations.

Violation of relevant laws and regulations in the property management area shall be punished by the relevant administrative departments in accordance with relevant regulations.

Twentieth property services companies do not fulfill the property services contract, the owners' committee shall urge them to make rectification within a time limit, causing personal and property safety damage to the owners, and shall bear corresponding legal responsibilities; If the owners fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay it within a time limit. If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.

Twenty-first if a party refuses to accept the decision on administrative punishment, it may, within 60 days from the date of receiving the decision on administrative punishment, apply to the competent department at the next higher level or the people's government at the same level for administrative reconsideration; You can also bring an administrative lawsuit directly to the people's court within three months.

Article 22 If the staff of the real estate administrative department or other relevant administrative departments take advantage of their positions, accept property or other benefits from others, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Twenty-third the provisions shall come into force as of May 6, 2008. 199665438+On February 24th, the Interim Provisions on Property Management of Residential Areas in Zhangzhou City shall be abolished at the same time.

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