Luzhou City Property Management Measures

Luzhou City Property Management Measures

The "Luzhou City Property Management Measures" have been reviewed and approved by the 32nd executive meeting of the Seventh Municipal People's Government and will be implemented on June 10, 2014. The following is This is the full text of Luzhou Property Management Measures:

Chapter 1 General Provisions

Article 1 is to safeguard the legitimate rights and interests of owners, property users and property service companies, standardize property management activities, and promote Social harmony, in accordance with the "Regulations on Property Management of the People's Republic of China", the "Property Management Regulations" of the State Council, the "Regulations on Property Management of Sichuan Province" and the "Property Service Enterprise Qualification Management Regulations" of the Ministry of Construction and other laws, regulations, rules and relevant provisions, These measures are formulated based on the actual situation of this city.

Article 2 These Measures shall apply to property management, use and related supervision and management activities within the administrative region of this city.

Article 3 The real estate administrative department of the Municipal People’s Government (hereinafter referred to as the municipal real estate department) is responsible for the guidance and supervision of property management activities in the city.

The real estate administrative departments of the district and county people’s governments (hereinafter referred to as the district and county real estate departments) are responsible for the specific supervision and management of property management activities within their respective administrative regions.

Relevant departments such as development and reform, public security, justice, environmental protection, urban management, quality supervision, industry and commerce, etc. shall, in accordance with their respective responsibilities, implement services and supervision of property management activities in accordance with the law.

Units such as water supply, power supply, gas supply, communications, cable TV, etc. shall assume the responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area in accordance with the law. Professional operating units such as water, electricity, and gas should implement meter reading and charging to end users, assume the operation and management obligations of professional operating facilities and equipment, coordinate and handle conflicts and disputes involving water, electricity, gas, etc., and ensure normal use by residents.

Article 4 The district and county people’s governments should incorporate the property service industry into the local modern service industry development plan, formulate support policies, strengthen industry management, establish institutions, implement rewards and punishments, and ensure the healthy and orderly development of property management work.

Article 5 The sub-district office (township and town people’s government) shall organize, guide and coordinate the establishment of the property management area owners’ conference and the election of the owners’ committee within its jurisdiction, and urge the owners’ conference and the owners’ committee to perform their duties in accordance with the law. , coordinate the relationship between community construction and property management, and mediate and resolve property management disputes.

The residents (villagers) committee assists the sub-district office (township and town people’s government) in carrying out property management-related work.

If there are any disputes over property management and use between owners, owners' conferences and committees, property service companies, professional operating units, and construction units, they may apply for mediation to the sub-district (township or town) People's Mediation Committee.

Article 6: Establish a property management joint meeting system to coordinate and handle issues related to property management and community management.

The property management joint meeting is convened by the sub-district office (township and town people’s government), district and county real estate authorities, residents (villagers) committees, public security police stations and property service companies, owners committees or owner representatives , professional business units, etc. participate in the property management joint meeting to coordinate and resolve the following matters:

(1) The problem of the owners committee not performing its duties in accordance with the law;

(2) The process of the election of the owners committee Problems that arise in the performance of the property service contract;

(3) Major problems that arise in the performance of the property service contract;

(4) Issues in the early termination of the property service contract;

(5) Problems that arise during the exit and handover process of property service companies;

(6) Other property management issues that need to be coordinated and resolved.

Chapter 2 Owners, Owners’ Meeting and Owners Committee

Article 7 The owner of the house registered in accordance with the law is the owner.

If you have already occupied the house due to legal relationships such as sale and donation, or have acquired the ownership of the house due to inheritance, litigation, government expropriation, etc., but have not yet registered the ownership in accordance with the law, you will enjoy the rights of the owner in the property management and bear the responsibility. corresponding obligations.

The owner shall not refuse to perform its obligations on the grounds of giving up its rights.

Article 8 For property management areas where the owners’ meeting and owners’ committee have not been established due to objective reasons, the sub-district office (township or town people’s government) may consult and obtain the opinions of the owners of the property management area. With the written consent of more than half of the owners of the total area of ??the exclusive building and more than half of the total number of owners, the residents (villagers) committee where the property is located shall act on behalf of the owners committee.

Article 9 The funds for the work of the preparatory group and the funds for convening the first owners’ conference shall be borne by the construction unit.

The funds shall be allocated by the development and construction unit to RMB 5,000 for construction areas below 30,000 square meters (including 30,000 square meters) and RMB 10,000 for construction areas between 30,000 and 50,000 square meters (including 50,000 square meters). For projects over 50,000 square meters, the standard of RMB 20,000 will be guaranteed in advance, and will be transferred to the office fund supervision account of the owners' meeting established by the community neighborhood committee in accordance with the principle of territorial management before completing the acceptance and filing of basic supporting facilities.

The expenses incurred after the establishment of the owners' meeting shall be borne jointly by the owners. Transportation, communication, and work-loss allowances for members of the owners' committee are included in the property management costs. The owners' committee shall spend expenses according to the decisions of the owners' meeting, and the expenditures shall be reported to the owners' meeting every year.

Article 10 Members of the owners committee shall be natural person owners or natural person representatives authorized by unit owners within the property management area, and meet the following conditions:

(1) Have full civil conduct Ability;

(2) Comply with laws and regulations, be enthusiastic about public welfare, have a strong sense of responsibility, be fair and honest, and have certain organizational skills;

(3) Abide by management regulations and rules of procedure of the owners’ meeting , fulfill the obligations of the owner, and do not owe property service fees and other related fees;

(4) No infringement of the rights and interests of other owners and public interests in the property area has occurred;

(5) I, my spouse and my immediate family members do not work in a property service enterprise that provides management services within the property management area;

(6) Have the health conditions and educational level to perform their duties;

(7) Written commitment to actively, timely and comprehensively perform work responsibilities and have necessary working hours.

Article 11 If the owner or interested party believes that the formation process of the owners committee violates the procedures or involves fraud, etc., he or she may apply to the sub-district office (township or town people’s government) where the property is located with the corresponding evidence materials. For verification, the sub-district office (township and town people's government) shall report the verification situation to the district and county real estate authorities within 20 days after receiving the application, and the district and county real estate authorities will handle the matter according to the situation.

Article 12 The owners committee is the executive body of the owners' conference. It is elected by the owners' conference and consists of an odd number of more than 5 people but not more than 11 people. The term of office shall not exceed 5 years.

A meeting of the owners committee must be attended by more than half of the members, and decisions must be approved by more than half of all members.

The decision of the owners committee shall be announced in a prominent position in the property management area within 3 days from the date of making it and for more than 7 days. The decisions of the owners committee are archived and managed by the owners committee, and the owners' inquiries are accepted.

If an elected member of the owners committee is unable to perform the job during his term of office, his membership qualifications shall be revoked upon the proposal of more than half of the members of the owners committee or more than one-fifth of the owners, and a by-election shall be held.

Article 13 If the owners’ committee is disbanded due to changes in the property management area or other reasons, before dissolution, the owners’ committee shall be under the guidance and supervision of the subdistrict office (township or town people’s government) where the property is located. The residents (villagers) committee assists in the liquidation of the owners' property.

Chapter 3 Preliminary Property Management

Article 14 Before applying for a commercial housing pre-sale license or existing housing sales, the construction unit shall select and hire property owners with corresponding qualifications through bidding. The management company conducts preliminary property management. The expert members of the bid evaluation committee shall be determined by the tenderee through random selection from the expert list established by the real estate administrative department. The tenderer shall bring the relevant information to the district and county real estate authorities for filing within 15 days from the date of determination of the successful bidder, and the district and county real estate authorities shall send a copy of the list of confirmed bidders to the sub-district office where the property management area is located.

In any of the following circumstances, with the approval of the county real estate department in the area where the residential property is located, a property service company may be selected by agreement:

(1) Residential property management area The total construction area of ??the house is less than 30,000 square meters;

(2) There are less than 3 bidders;

(3) Laws and regulations provide otherwise.

A property management area should be subject to bidding as a whole.

Article 15 When signing a house sales contract with a property buyer, the construction unit shall clearly indicate to the buyer the preliminary property service contract, temporary management agreement, residential use instructions, etc.

The property buyer shall abide by the temporary management regulations and perform the preliminary property service contract.

The preliminary property service contract model text is formulated by the urban and county real estate authorities with reference to the model text produced by the provincial housing and urban-rural development administrative department.

Article 16 A property delivery and acceptance inspection system shall be implemented for newly built residential properties. Before undertaking a new property, the property service company and the construction unit shall jointly conduct inspections of the most used parts of the property, most used facilities and equipment in accordance with relevant national regulations and the provisions of the previous property service contract after the completion and acceptance of the new community. Check.

The property acceptance inspection should invite owner representatives and the real estate administrative department, sub-district office (township and town people's government), and residents (villagers) committee where the property is located to participate, and relevant professional institutions can be hired to assist.

Article 17 The property service enterprise shall, within 30 days after the handover of the property, file the inspection documents with the district and county real estate authorities where the property is located, and announce them in a conspicuous location in the property management area.

Article 18 Property service enterprises shall handle the transfer procedures of property files, property service files, owner ownership and other information with the construction unit or owners committee in accordance with relevant regulations.

Property service enterprises shall file with the district and county real estate authorities with relevant information within 30 days from the date of completing the handover procedures.

Chapter 4 Property Services

Article 19 The construction unit or owners committee shall submit an application to the district or county real estate department for the property management area. The sub-district office (township or township) where the property is located shall People's Government) cooperates with district and county real estate authorities to make regulations.

District and county real estate authorities should establish regional property management files.

Article 20 When building a new residential property, the construction unit shall construct supporting rooms for property services and rooms for owner committee discussion activities in accordance with standards.

No less than 50% of the property service rooms and owners committee discussion rooms are located on the ground. The property service rooms shall be allocated at a rate of two thousandths of the total construction area of ??the house and shall be no less than 100 square meters; the rooms for the owners committee discussion activities shall be allocated at a rate of no less than 30 square meters.

Article 21 Property service enterprises shall perform contracts in accordance with the law, provide professional services in accordance with the technical standards and industry norms of the state, Sichuan Province and this city regarding property management, and continuously improve management and service levels.

Property service companies shall file with the district and county real estate authorities within 30 days from the date of signing the property service contract.

Article 22 Property service enterprises shall accept the supervision and inspection of the qualification examination and approval department, the district and county real estate authorities and the sub-district office (township and town people’s government) where the property is located, and submit credit information, Statistical reports and other related information.

District and county real estate departments should increase supervision and inspection of property service companies within their jurisdictions, and evaluate the supervision and inspection results as part of corporate integrity files.

Property service companies should accept the supervision of owners, owners’ conferences, and owners’ committees.

Article 23 Property service enterprises shall formulate emergency plans for safety prevention in the property management area to deal with sudden natural disasters, public health incidents, water supply, power supply, gas supply accidents, property safety The prevention and handling of emergencies such as accidents shall be specified in detail, and when emergencies occur, they shall be reported to relevant departments in a timely manner.

Public security, environmental protection, planning, industry and commerce, quality supervision, urban management and other departments should strengthen the management guidance of property management areas, and receive relevant laws and regulations that violate public security, environmental protection, property decoration and use, etc. After a report of a behavior or a report of a safety incident, it should be investigated and dealt with promptly.

Public security prevention activities in property management areas should accept the administrative management and guidance, supervision, and inspection of the public security organs, and a public security linkage mechanism should be established with the police stations in the jurisdiction. Property service companies should actively assist and cooperate with the public security organs to strengthen the management of the floating population and rental housing in the community, establish information files on the management of rental housing and temporary residents, keep track of developments in real time, and report the information files to the local police station.

Article 24 The owner shall pay property service fees in accordance with the property service contract.

If an owner violates the property service contract and fails to pay the property service fee within the time limit, the owners committee shall urge the owner to pay it; after written reminder, the owner refuses to pay without justifiable reasons or fails to pay the property fee within the reasonable period of reminder. Yes, property service companies can recover according to law.

The owner and the property user agree that the property user will pay property service fees. According to the agreement, the owner is jointly and severally responsible for payment. When the property rights are transferred, the owner or property user shall settle the property service fees.

Article 25 The charging standards for property services shall follow the principles of reasonableness, fairness, openness, and consistency in quality and price, and shall be agreed upon by both parties to the contract. The charging standards for early-stage property services and affordable housing property services shall be formulated by the district and county people's government's price administrative departments in conjunction with the district and county real estate administrative departments based on local actual conditions, and shall be published on a regular basis. Property service charges higher than the government's guide price must be approved by the price administrative department of the district or county people's government.

For the same property type, the same property service content and standards in the same property management area, the property service charges shall follow the same price standard.

Property service companies shall publish property service items and their charging standards in a conspicuous location within the property management area.

Article 26: Property service charging standards should remain relatively stable. If the property service charging standards need to be adjusted under the following circumstances, the property service company shall negotiate with the owners' committee and obtain the approval of the owners' congress:

(1) The energy consumption price of public service products is adjusted;

(2) The owner requires changes in the content and level of property services;

(3) Adjustments to the repair and maintenance fees for the most common facilities and equipment in the property management area;

(4) Other policy expense adjustments.

The price administrative department of the county people's government in the area where the property management area is located shall strengthen the supervision and management of property service charges. When a dispute arises over the adjustment of property service charging standards, both parties to the property service contract may apply to the price certification agency established by the price administrative department of the county people's government in the area where the property management area is located to review the reasonableness of the price adjustment range.

Chapter 5 Property Use and Maintenance

Article 27 Owners and property users shall use the property in accordance with the purposes approved by the urban and rural planning department or as stated in the real estate certificate, and shall not use the property without authorization Change the nature of property use.

Article 28 Before decorating or decorating the property, the owner or property user shall inform the property service company orally or in writing of the time, scope, method, etc. of the decoration or decoration.

Property service enterprises shall register the matters mentioned in the preceding paragraph notified by owners and property users, and inform owners or users and decorators and decoration personnel of prohibited behaviors and precautions during decoration and decoration.

The owners and property users are responsible for cleaning up the construction waste generated during the decoration and renovation of the house. If a property service company is entrusted with cleaning, the cost of cleaning should be agreed upon.

If a property service company discovers that there are violations of relevant regulations and management protocols during the use and decoration of the property, it should be dissuaded. If the dissuasion is ineffective, it should be reported to the owners' committee and relevant administrative departments in a timely manner and handled in accordance with the law.

Article 29 Tenants, borrowers and other property users shall enjoy corresponding rights in accordance with laws, regulations, management regulations, decisions made by the owners' meeting in accordance with the law, and their agreements with the owners. , assume corresponding obligations.

Article 30: For elevators in the property management area, the owners' committee or the property service company selected by the owners' committee shall assume the responsibilities of the special equipment user unit in accordance with the contract and the relevant laws and regulations on special equipment.

The daily maintenance unit of the elevator should be responsible for its safety performance and ensure the safe operation of the elevator. After receiving notification of a fault, you should rush to the scene immediately and take necessary emergency rescue measures.

Article 31 The parking spaces (garages) in the property management area should first meet the needs of the owners in the area.

For properties that have been completed and delivered for use, if the conditions of the property management area permit and with the approval of the owners' meeting, new parking spaces can be designated for owners' parking. However, fire exits and public green spaces must not be occupied, and the normal passage of pedestrians and other vehicles must not be hindered.

Property service companies should correct behaviors that occupy fire exits, public green spaces and obstruct the normal passage of pedestrians and other vehicles, and report to the relevant administrative departments for handling according to the law depending on the severity of the case.

Special vehicles such as public security, firefighting, rescue, ambulance, sanitation, municipal administration, and postal services are temporarily parked in the property management area when performing official duties, and no fees are allowed.

Article 32 The municipal real estate administrative department is responsible for the collection of special residential maintenance funds within the urban planning area, and then assigns them to each district after collection.

The real estate administrative departments of each district are responsible for the use and management of special residential maintenance funds within their own administrative areas and the collection of special residential maintenance funds outside the urban planning area.

The real estate administrative departments of each county are responsible for the collection, use and management of special residential maintenance funds within their respective administrative regions.

Article 33 The owners may stipulate in the management agreement or in advance that when the following situations occur, the property service enterprise shall cooperate with the owners’ committee to organize repairs, updates or take emergency precautionary measures. At the same time, the owners’ committee shall report to the owners’ committee: The real estate administrative department reports that after approval, the expenses will be listed in the special maintenance funds, and the situation shall be explained in writing to the owners' meeting afterwards:

(1) Leakage caused by roof waterproofing damage;

(2) Elevators, fire protection, security and other public facilities and equipment have serious safety hazards;

(3) The exterior walls of the building are in danger of falling off, endangering personal safety;

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(4) Special drainage facilities causing functional impairment due to collapse, blockage, bursting, etc., endangering the safety of people and property;

(5) Others endangering public safety and property use functions Emergency.

After receiving the emergency maintenance application report, the district and county real estate administrative departments shall handle the relevant procedures within 3 working days.

Chapter 6 Qualification Management

Article 34 The municipal real estate department is responsible for the guidance and supervision of the qualification management of property service enterprises in the city.

Article 35 The district and county real estate authorities are responsible for the specific supervision and management of the qualifications of property service enterprises within their respective administrative regions.

Article 36 If a property service enterprise in this city applies for the approval of Level 3 (including provisional Level 3) qualifications, changes in qualifications, or renewal of certificates, it shall be reviewed by the district and county real estate authorities, and the municipal real estate supervisor shall The department issues the certificate.

When applying for second-level qualification verification, qualification change or certificate renewal, after the district or county real estate administrative department puts forward preliminary opinions, the municipal real estate administrative department shall forward it to the construction administrative department of the Provincial People's Government for review and issuance of certificates.

Applications for first-level qualification verification, qualification change or certificate renewal shall be carried out in accordance with the relevant regulations of the provincial and State Council construction authorities.

Article 37 If a property service enterprise applies for approval of qualification level and has committed any of the acts specified in Article 11 of the Ministry of Construction’s "Regulations on the Qualification Management of Property Service Enterprises" within one year before the date of application, the district or county real estate agency shall The competent authorities will not approve it.

Chapter 7 Legal Liability

Article 38 If laws, regulations, and rules have provisions for violations of these Measures, such provisions shall prevail.

Article 39 Owners and property users may complain to the county and county real estate authorities where the properties are located if property service companies infringe upon their legitimate rights and interests in property management activities. The district and county real estate authorities shall Accept the complaint in a timely manner and respond to the complainant with the result within 30 days from the date of acceptance. If it falls under the responsibilities of other departments, inform the complainant to lodge a complaint with the relevant department.

Chapter 8 Supplementary Provisions

Article 40 If the owner entrusts other managers to provide property services in the completed property management area, the relevant provisions of these Measures shall be followed.

Article 41 These Measures will come into effect on July 10, 2014 and will be valid for five years. The original "Luzhou City Property Management Measures" (Luzhou City People's Government Order No. 57 in 2008) was abolished at the same time. ;