Full text of Guangdong property management regulations

According to the relevant national laws and regulations, combined with the actual situation of this province, the enactment of this ordinance. The following is the full text of Guangdong property management regulations carefully compiled by me for your reference only.

Chapter I General Provisions Article 1 In order to standardize property management, clarify the rights and obligations of owners, users and property management enterprises, and ensure the rational use of property, these Regulations are formulated in accordance with relevant national laws and regulations and in light of the actual situation of this province.

Article 2 These Regulations shall apply to property management within the administrative area of this province.

The term "property management" as mentioned in these Regulations refers to the activities that the owners form the owners' committee and entrust the property management company to manage the common parts and common affairs of their property.

The term "owner" as mentioned in these Regulations refers to the owner of the property.

The term "user" as mentioned in these Regulations refers to the lessee of the property and other people who actually use the property.

The term "property" as mentioned in these Regulations refers to houses, industrial workshops, commercial buildings and other buildings and their ancillary facilities, equipment and related sites that have been completed and delivered for use.

The term "property management company" as mentioned in these Regulations refers to an enterprise legal person established in accordance with the law to engage in property management services.

Article 3 People's governments at all levels shall encourage the socialization and specialization of property management, improve the level of property management and improve people's living and social environment.

Fourth provincial people's government construction administrative departments to implement supervision and management of the province's property management.

The administrative department in charge of property management determined by the people's governments of cities and counties shall be responsible for the supervision and management of property management within their respective administrative areas. Other relevant administrative departments of the people's governments at all levels in this province shall be responsible for the relevant work within the property management area within their respective functions and duties.

Chapter II Owners' Management Right Article 5 Owners shall have the right to manage the common parts and affairs of the property according to law and bear corresponding obligations.

The main rights of the owner are:

(a) to attend the owners' meeting;

(two) enjoy the right to vote and be elected by the owners' committee;

(3) Voting to adopt the owners' convention and the articles of association of the owners' committee;

(four) to decide on major issues involving the interests of the owners;

(five) to supervise the management of the owners' committee.

The main obligations of the owner are:

(a) the implementation of the relevant resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

(three) abide by the relevant property management systems and regulations;

(four) timely delivery of property management, maintenance and other expenses.

Article 6 All owners in the property management area shall form an owners' meeting and elect the owners' committee.

Measures for the delineation of property management areas shall be formulated by the provincial construction administrative department in conjunction with the provincial public security and civil affairs administrative departments.

The administrative departments of property management of the people's governments at or above the county level shall, in accordance with the measures for the delimitation of property management areas, specifically delimit the scope of each property management area within their respective jurisdictions.

Article 7 Where the delivered building area of a property reaches more than 50%, or the delivered building area reaches more than 30% but less than 50%, and the property has been used for more than one year, the first owners' meeting shall be held in accordance with the provisions of these Regulations, and the owners' committee shall be elected.

The administrative department of property management where the property is located shall guide the owners to hold the first owners' meeting.

Article 8 When convening a general meeting of owners, more than half of the owners with voting rights shall be present. The decision of the owners' meeting shall be approved by more than half of the owners with voting rights. After the decision is adopted, it shall be published.

The owner may entrust an agent to attend the owners' meeting in writing.

Ninth owners' voting rights and residential voting rights are calculated by households; The voting rights of industrial plants and commercial buildings are calculated according to the construction area of the property.

Article 10 The owners' congress shall exercise the following functions and powers:

(1) Electing and replacing members of the owners' committee and supervising the work of the owners' committee;

(two) the adoption of the owners' convention and the articles of association of the owners' committee;

(3) Approving the entrustment contract of property management;

(four) to decide on major issues involving the interests of the owners;

(five) to decide other matters of property management.

Eleventh after the establishment of the owners' committee, the owners' committee shall be responsible for convening the owners' meeting at least once a year.

Upon the proposal of the owners holding more than 20% of the voting rights, the owners' meeting may be convened temporarily. The owners' committee shall convene an interim owners' meeting within ten days after receiving the proposal.

Twelfth members of the owners' committee shall be held by the owners, and the number of members of the owners' committee shall not be less than five. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee.

Members of the owners' committee are elected for a term of two years and may be re-elected.

Members of the owners' committee shall abide by the law, be enthusiastic about public welfare undertakings, and be fair and responsible.

The list of members of the owners' committee shall be reported to the local property management administrative department for the record.

Thirteenth owners committee is responsible for the owners' meeting, safeguard the legitimate rights and interests of all owners, and perform the following duties:

(a) to convene and preside over the owners' meeting and report on the implementation of property management;

(two) to draft the owners' convention, the draft articles of association of the owners' committee or the revised draft and report it to the owners' congress for adoption, and supervise the implementation of the owners' convention.

(three) to select a property management company through public bidding, sign a property management entrustment contract on behalf of the owners, and be responsible for the performance after the consent of the owners' meeting;

(four) listen to the opinions and suggestions of the owners and users, and supervise the management service activities of the property management company;

(five) to supervise the use and maintenance of shared equipment, facilities and sites.

The meeting of the owners' committee shall be convened regularly by the director, and the meeting must be attended by more than half of the members, and the decision must be agreed by more than half of the members.

The decision made by the owners' committee shall be published.

Article 14 The owners' convention is an agreement on the management of common parts and common affairs jointly concluded by the owners, which is binding on all owners.

Fifteenth owners to transfer or lease the property, the owners' convention should be regarded as an annex to the property transfer contract or lease contract, which is equally binding on the transferee or lessee.

The transferor or lessor shall, within fifteen days from the date of signing the property transfer contract or lease contract, inform the owners' committee and the property management company of the property transfer or lease.

Article 16 The owners' convention and the articles of association of the owners' committee shall not contravene laws, regulations and rules.

Chapter III Entrusting Property Management Article 17 If the owners' committee entrusts a property management company to provide property management services, both parties shall sign a property management entrustment contract on the principle of equality and voluntariness.

The property management entrustment contract shall include the following main contents:

(a) the basic situation of the parties and the entrusted property management;

(two) property management services and service quality requirements;

(three) the standard and collection method of property management service fees;

(four) the term of the contract, the agreement on the termination and dissolution of the contract, and the method of handing over the property information when the contract is terminated;

(five) the liability for breach of contract and the way to resolve disputes;

(6) Other matters agreed by both parties.

Eighteenth companies engaged in property management must hold the property management qualification certificate issued by the property management administrative department of the people's government at or above the county level, and apply to the administrative department for industry and commerce for registration and obtain a business license.

Nineteenth property management companies shall provide the following services:

(a) the maintenance and repair of buildings and their affiliated shared facilities, equipment and sites;

(two) greening and environmental sanitation management services;

(3) security services;

(4) Vehicle parking and site management;

(5) Increased services for high-rise buildings;

(6) Property file management;

(seven) other services entrusted by the owners and users.

Twentieth after the completion of the property, before the comprehensive acceptance of the pre-management by the construction unit, the construction unit should be in accordance with the relevant provisions of the pre-management norms, and to be clear when selling houses.

After the establishment of the owners' committee, the owners' committee will select a property management company to manage the property.

Twenty-first buildings and ancillary facilities after comprehensive acceptance, the construction unit can transfer the management right to the owners' committee. The construction unit shall not hand over the property that has not passed the comprehensive acceptance, and continue to bear the property management fees.

When the construction unit hands over the property management right to the owners' committee, it shall also hand over the comprehensive acceptance files of the property and the instructions for the use of the house.

Chapter IV Use and Maintenance of Property Article 22 The use and maintenance of property shall comply with the provisions of national laws, regulations and rules on city appearance and environmental sanitation, environmental protection, housing management, fire control management and public security management.

Twenty-third owners, housing users shall have the following acts:

(a) damage the load-bearing structure of the house, damage the appearance of the house, and change the use of the house without authorization;

(two) illegal chisel, demolition, occupation, etc. Internal and external load-bearing walls, beams, columns, floors, balconies, roofs, etc. Of a house;

(3) storing inflammable, explosive, toxic, radioactive and other dangerous goods;

(four) the use of housing to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others.

The consequences caused by the owners and users not using the house according to the house instruction manual shall be borne by themselves.

Twenty-fourth property management areas prohibit the following acts:

(a) trampling and encroaching on green space;

(two) damage to trees and gardens;

(3) occupying common venues such as passages;

(four) littering, sundry;

(five) the occurrence of noise exceeding the prescribed standards;

(6) discharging toxic and harmful substances that pollute the environment;

(seven) posting, scribbling and portraying on buildings and structures;

(eight) other acts prohibited by laws, regulations and rules and the owners' convention.

Twenty-fifth owners or property users who decorate houses shall abide by the instructions for the use of houses and the owners' convention, and inform the property management company in advance. The property management company shall inform the owners or users of the relevant precautions, and the owners or users shall abide by them.

Twenty-sixth building maintenance responsibility, according to the following provisions:

(1) The adjoining part shall be shared by the owners of the adjoining part;

(two) the common part of the building itself is shared by all the owners of the building;

(3) Shared facilities, equipment and sites within the property management area are shared by all owners;

The maintenance responsibility of the leased property shall be stipulated in the lease contract.

Chapter V Property Management Fees Article 27 Owners and users shall abide by the owners' convention and pay the fees for property management and maintenance. According to the agreement of the property management entrustment contract and the decision of the owners' committee.

The unsold vacant property of the construction unit shall share the cost of property management and maintenance, and the sharing ratio shall not be less than 50% of the charging standard, but it shall not increase the burden of other owners.

Twenty-eighth to determine the property management service standards, should follow the principle of fairness and rationality. The quality of property management services should be compatible with service charges.

Property management fees are subject to government-guided prices and market-regulated prices.

The government-guided price shall be formulated by the price department of the provincial people's government in conjunction with the construction administrative department. The competent price department of the people's government at or above the county level may, within the scope of government-guided prices and in combination with local actual conditions, determine local charging standards.

Twenty-ninth owners' committee has been established, the property management service charges by the owners' committee and the property management company in accordance with the government guidance price agreed in the property management contract, or determined by both parties through consultation.

If the property has been delivered for use, but the owners' committee has not been established, the charging standard for property management services shall be put forward by the property management enterprise within the scope of government-guided prices and reported to the competent price department of the local people's government at or above the county level for approval.

Thirtieth property management service fees can be received in advance by agreement, but the period of advance payment shall not exceed three months.

Thirty-first property management company fees and standards shall be announced to the owners.

Property management companies provide services by themselves, unless otherwise agreed in the property management entrustment contract. Without the approval of the owners' committee or owners' meeting, the owners or users may not pay the service fee.

Article 32 The owners' committee shall set up a property management and maintenance fund.

The property management and maintenance fund shall be allocated to the owners' committee at one time according to 2% of the total investment of the property when the property construction unit transfers the property management right to the owners' committee, and its ownership belongs to all owners.

The property management and maintenance fund shall be managed by the property management administrative department of the people's government at or above the county level and shall not be used for other purposes.

Thirty-third property sharing parts, shared equipment, facilities maintenance, update, the cost of the property management maintenance fund from the value-added part of the expenditure; If the value-added part is insufficient, it shall be paid in advance by the property management and maintenance fund, and the paid part shall be recovered from the owner.

The use of the property management and maintenance fund is proposed by the property management company and implemented after the approval of the owners' committee.

The property management company shall announce the use of the property management and maintenance fund once every six months and accept the supervision of the owners and the owners' committee.

Thirty-fourth when the construction unit transfers the property management right to the owners' committee, it shall hand over to the owners' committee the public houses and management houses for public services.

Chapter VI Legal Liability Article 35 In case of disputes between owners, users, property management enterprises and construction units, the parties concerned may settle them through consultation or mediation; If negotiation or mediation fails, it may apply for arbitration or bring a lawsuit to the people's court according to law.

Thirty-sixth in violation of the provisions of article eighteenth of this Ordinance, engaged in property management without obtaining a business license, shall be handled by the administrative department for Industry and commerce of the people's government at or above the county level according to law.

Thirty-seventh property management enterprises in violation of the provisions of this Ordinance, one of the following acts, the property management administrative departments of the people's governments at or above the county level shall be ordered to make corrections within a time limit and compensate for the losses; And depending on the seriousness of the case, reduce its qualification level or cancel its property management qualification certificate:

(a) buildings and shared equipment and facilities are not maintained on schedule or improperly maintained, causing losses to the owners;

(two) improper service management, resulting in the loss of shared facilities and equipment;

(three) changing the use of shared facilities and equipment and shared venues within the property management area without authorization;

(4) Failing to perform other obligations stipulated in the property management entrustment contract.

Thirty-eighth property management enterprises in violation of the provisions of article twenty-ninth, by the price administrative departments of the people's governments at or above the county level in accordance with the provisions of the "People's Republic of China (PRC) price law".

Thirty-ninth owners or users in violation of the provisions of article twenty-third, article twenty-fourth, the owners' committee or its authorized property management company to stop, make corrections within a time limit; If no correction is made within the time limit, the property management company shall restore the original state; The expenses required for restitution and the losses caused to others shall be borne by the responsible person.

Fortieth owners and users who violate the provisions of Article 27 of these regulations and fail to deliver property management, maintenance and other shared expenses as agreed, the property management company may require them to pay and deliver within a time limit; If it is still not delivered within the time limit, a late fee will be charged according to the contract. If there is no agreement in the contract, a late fee of one thousandth of the unpaid amount will be charged on a daily basis. If it has not been delivered after collection, it can be deducted by the real estate transaction institution when the real estate is transferred; Property management enterprises can also bring a lawsuit to the people's court according to law.

Article 41 If a construction unit violates the provisions of Articles 32 and 34 of these regulations, fails to allocate funds for property management and maintenance, and fails to hand over public buildings and management houses, the property management administrative department of the people's government at or above the county level shall order it to perform within a time limit; If it fails to perform within the time limit, the owners' committee may bring a lawsuit to the people's court according to law.

Chapter VII Supplementary Provisions Article 42 The construction administrative department of the provincial people's government may formulate the management statute, the owners' convention, the articles of association of the owners' committee and the model text of the property management entrustment contract according to these regulations.

Article 43 These Regulations shall come into force as of 1998+ 10/0/day.