Measures for Property Management of Residential Areas in Hohhot "Full Text"

Measures for Property Management of Residential Areas in Hohhot "Full Text"

The "measures" for the administration of residential property in Hohhot have been discussed and passed at the 8th executive meeting of the Municipal People's Government on April 10, 2000, and are hereby promulgated. The following is the full text of this method:

Chapter I General Principles

Article 1 In order to strengthen the property management of urban residential areas, standardize the service behavior of property management, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create a good living environment, these Measures are formulated in accordance with relevant national laws and regulations and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management of urban residential areas within the administrative area of this Municipality. The property of units stationed in the central and autonomous regions shall be managed by local authorities.

Article 3 The term "residential property" as mentioned in these Measures refers to residential buildings and related residential buildings, equipment and facilities.

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

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

The term "property management company" as mentioned in these Measures refers to an enterprise that accepts the entrustment of the owners or the owners' committee and provides professional management services according to the entrusted property management contract.

Article 4 Property management shall follow the principle of combining self-management by owners with professional management services entrusted by property management enterprises.

Fifth City Real Estate Management Bureau is the administrative department in charge of property management in this Municipality, which is responsible for setting up the owners' committee, cultivating property management companies, and supervising and guiding the work of the owners' committee and property management companies; Cultivate the property management market and standardize the property management behavior; Unified management of special funds for property management; Strengthen the management of housing construction funds and maintenance funds allocated by the government; Responsible for organizing the implementation of these measures.

The relevant administrative departments of construction, electric power, post and telecommunications, environmental protection, public security, price, industry and commerce shall, according to their respective responsibilities, coordinate the implementation of these measures.

The model of "two-level government, three-level management and four-level network" is adopted in urban construction and management. The city's four sub-district offices and neighborhood committees should register corresponding property management companies and do a good job in property management.

The government gives certain preferential policies to the socialized management of logistics support for non-combat troops and armed police forces stationed in the region.

Chapter II Property Management Companies and Their Duties

Article 6 A property management company is a business unit engaged in property management and providing paid services, and has the qualification of an independent enterprise legal person.

Article 7 The establishment of a property management company must meet the following conditions:

(1) Having a name and organization suitable for the registration of the company as a legal person;

& lt (2) Having a fixed place for property management and business activities;

(3) Having registered capital suitable for its business scale;

(four) there are more than one engineering, economic, accounting and other professional and technical personnel. Primary or above level;

(5) Other conditions stipulated by laws and regulations.

Eighth the establishment of a property management company, must be reported to the municipal real estate administrative department for examination and approval, to obtain the "Property Management Enterprise Qualification Certificate", and obtain the "business license", before starting business.

Ninth "property management enterprise qualification certificate" to implement the annual inspection system.

The employees of the property management company implement the system of holding certificates. Employees must hold the post certificate issued by the municipal real estate administrative department.

Article 10 The property management company accepts the entrustment and implements the bidding system.

Eleventh property management companies should implement property management in residential areas in accordance with the entrusted management contract, and sign a written contract. The entrusted management contract shall be reported to the municipal real estate administrative department for the record within fifteen days after signing.

Twelfth property management companies should manage the following matters in residential areas:

(a) the use, repair and maintenance of the house;

(two) the use, maintenance, maintenance and management of public facilities such as fire fighting, elevators, mechanical and electrical equipment, street lamps, corridors, bicycle houses (sheds), landscaping, ditches, ditches, pools, wells, roads and parking lots;

(3) cleanliness;

(4) Driving and parking vehicles;

(5) Public order;

(six) other property management matters stipulated by the municipal real estate administrative department and the entrusted management contract.

Thirteenth property management company's rights:

(a) according to the relevant laws and regulations, combined with the actual situation, to develop residential property management measures;

(two) according to the entrusted management contract and the relevant provisions of the management fee;

(three) to stop the violation of residential property management regulations;

(four) choose a franchise company to undertake special business;

(5) The property management company may require the owners and users who fail to pay the payable fees without any reason to pay within a time limit and collect the overdue fine according to the regulations.

Article 14 Obligations of a property management company:

(a) for the purpose of serving the owners, pay attention to social, economic and environmental benefits;

(two) according to the standards stipulated by the municipal real estate administrative department and the entrusted management contract, the implementation of property management in residential areas;

(three) accept the supervision of the owners' committee and the owners;

(four) organize or assist the relevant departments to provide community life services and carry out community cultural activities;

(five) to engage in business activities in accordance with laws, regulations and relevant provisions of the municipal government.

Fifteenth pro-property management service charges should follow the principles of fairness, rationality, openness and adaptability to the level of management services.

Sixteenth property management service charges include the following items;

(1) management fee. It is used for the daily management of the property management area, including patrol inspection in the property management area, financial management of property maintenance and update expenses, custody of property files and other related property management services;

(2) Operating expenses of house equipment. Expenses for the operation service of buildings and equipment such as elevators and pumps;

(3) Greening management fee. Used for watering and pruning green spaces and flowers;

(4) cleaning costs. The cost of daily cleaning service in the property management area;

(5) security costs. Daily security service fees in the property management area;

(6) Maintenance fee. Property maintenance service fee.

Items (1), (2), (3), (4) and (5) of the preceding paragraph shall be calculated on a monthly basis, and item (6) shall be calculated according to the actual maintenance project.

Seventeenth property management service charges are determined in accordance with the following provisions:

(a) the charging standard for public services in residential quarters shall be formulated by the municipal price administrative department in conjunction with the municipal real estate administrative department, and receive the "Charging Permit" issued by the municipal price administrative department.

(two) the charging standards for other services shall be determined by the property management company through consultation with the owners' committee or the owners and users.

Eighteenth owners and users agreed that the user should pay the property management service fee, from its agreement.

Property management service fees can be agreed in advance, and the period of advance payment shall not exceed three months.

Nineteenth property management company fees and standards should be published. Property management service fees that have been charged to the owners or users in accordance with these Measures shall not be charged repeatedly by any other unit or individual.

Without the entrustment of the owners' committee or the owners and users, the owners and users shall not pay the service fees provided by the property management enterprises themselves.

Twentieth property management companies can not meet the standards stipulated by the municipal real estate administrative department and the entrusted management contract, or in violation of the entrusted management contract, the owners' committee or the entrusting party may terminate the contract.

Twenty-first pro-property management companies shall, within ten days after the termination or rescission of the property management service contract, urge the owners' committee to handle the following matters and report to the municipal real estate administrative department for the record;

(a) the property management service fees received in advance shall be settled according to the facts, and the overcharged part shall be refunded;

(two) the transfer of all property files and related financial books;

(3) handing over the houses, sites and other properties owned by the owners.

Chapter III Owner's Self-management

Twenty-second owners' committee is an organization that implements autonomous management of the property area on behalf of all owners in the property management area under the guidance of the municipal real estate administrative department, representing and safeguarding the legitimate rights and interests of owners.

Article 23 The owners' committee shall be elected by the owners' congress or the owners' congress, and the members of the owners' committee shall be the owners.

In a property management area, under any of the following circumstances, the municipal real estate administrative department shall, jointly with the residential sales unit, organize the first owners' meeting or owners' congress, and elect the owners' committee:

(a) the sale of public housing construction area reached more than thirty percent;

(two) the construction area of new commercial housing for sale has reached more than 50%;

(3) The residence has been sold for two years.

Twenty-fourth owners' committee shall, within fifteen days from the date of election, register with the civil affairs department with the following documents and file with the municipal real estate administrative department;

(1) An application for registration of the establishment of the owners' committee;

(two) the list of members of the owners' committee;

(3) Articles of association of the owners' committee;

(4) Owners' convention.

Twenty-fifth owners' committee rights:

(a) to convene and preside over the owners' meeting;

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

(3) Selecting or renewing the employment of a property management company, and signing an entrusted management contract with the property management company;

(four) to consider the annual plan, financial budget and final accounts of property management services proposed by the property management company;

(five) to inspect and supervise the implementation of property management and the implementation of rules and regulations.

Article 26 Obligations of the owners' committee:

(a) to assist the property management company to implement various management measures;

(two) to urge the owners to implement the property management regulations, fulfill the management convention, and pay the management service fee in time;

(three) accept the supervision of the owners;

(four) accept the guidance and supervision of the municipal real estate administrative department;

(five) to coordinate the relationship between owners and property management companies.

Chapter IV Takeover, Use and Maintenance of Property

Twenty-seventh development and construction units in the comprehensive acceptance of the completion of the project, and receive the "comprehensive acceptance certificate" issued by the relevant departments, must go to the municipal real estate administrative department to declare the property transfer procedures.

Twenty-eighth for the transfer of property, the owners' committee and the property management company signed a management contract.

Before the establishment of the owners' committee, the development and construction unit entrusted the property management company to manage the property and signed the entrusted management contract.

Twenty-ninth development and construction units in the transfer of property, submit the following information to the owners' committee and the property management company:

(a) the completion acceptance certificate and related materials;

(2) planning the general plan;

(3) The general plan of completion;

(4) Underground pipe network of the completed site;

(5) A complete set of construction drawings;

(6) Other necessary information.

Thirtieth development and construction units in the transfer of property, should provide a certain proportion of property management space, its property rights belong to all owners.

Thirty-first housing owners or users shall comply with the following provisions:

(a) without the approval of the relevant departments, the structure, use and appearance of the house shall not be changed;

(2) It is not allowed to chisel or dismantle the internal and external walls, beams, columns, floors, balconies, platforms, roofs and passages of houses without authorization;

(3) Do not pile up inflammable, explosive, toxic, radioactive and other dangerous goods that are detrimental to the safety of the house and endanger human health inside and outside the house;

(four) shall not infringe upon the legitimate rights and interests of others;

(five) shall not use the house to engage in activities that are illegal and harmful to social morality.

Thirty-second housing maintenance responsibility, according to the following provisions;

(1) The owner is responsible for the maintenance of the indoor part;

(2) The external walls, stairwells, passageways, roofs, water pipes, public water tanks, booster pumps, electromechanical equipment, public antennas and fire-fighting facilities of the house are regularly maintained and repaired by the property management company, and the expenses are paid from public service fees.

The major maintenance costs of supporting facilities in residential quarters are paid from the special funds for supporting facilities in residential quarters, and the insufficient part is shared according to the proportion of residential construction area owned by the owners.

Thirty-third roads, ditches, septic tanks, sewage wells, tapestries, street lamps, entertainment venues, parking lots, bicycle sheds and other public facilities. In the residential area, it is managed and maintained by the property management company. Management and maintenance fees are paid from public service fees.

Thirty-fourth residential buildings outside the water, electricity, heating, gas, communications and other pipeline maintenance, respectively, by the water supply, power supply, heating, gas supply, communications and other units responsible for.

Thirty-fifth in the residential area shall not have the following acts:

(a) in the community to build all kinds of illegal buildings, stacking items;

(two) the occupation of stairs, passages, roofs, dry platforms, roads, parking lots and other public facilities affects its normal use function;

(three) occupation or damage of green space, flowers and trees, garden sketches, trampling on garden grass;

(four) posting slogans, advertisements and notices, hanging billboards or articles without authorization;

(five) damage, graffiti public facilities;

(six) littering peels, waste paper and sundry; Dumping garbage, sewage, spitting and urinating;

(7) Dumping non-domestic garbage and sewage into the garbage chute, and dumping waste with excessive volume;

(8) Raising poultry and livestock;

(9) Discharge of toxic and harmful substances;

(ten) parking and honking at will;

(eleven) unauthorized connection of water, electricity, gas, drainage and other pipelines or digging roads;

(twelve) other acts prohibited by laws, regulations and provisions of the municipal government.

Article 36 The relevant professional departments shall dig, bury or repair water supply, power supply, drainage, heating, gas, post and telecommunications pipelines in residential areas, and shall hold the construction permit issued by the relevant departments, get in touch with the owners' committee in advance, sign an agreement and pay a certain deposit before starting work. After the excavated pavement and green space are restored to their original state, the deposit will be refunded. The deposit is managed by the property management company.

Chapter V Management and Function of Maintenance Fund

Thirty-seventh residential * * * parts, * * equipment and * * * facilities, shall set up a maintenance fund.

Maintenance fund is charged according to the following provisions:

(a) commercial housing sales, the following six floors by 2% of the house price, more than six floors by 3% of the house price;

(two) the sale of public housing units, extraction of eucalyptus 20% of the price.

(three) the purchase of public housing, according to the purchase price of 2%.

The property maintenance fund shall be used for the maintenance and renewal of * * * residential parts, * * equipment and * * * facilities, and shall not be used for other purposes. Maintenance funds shall be managed in special accounts. While the unit for property registration, the maintenance fund should be handed over to the municipal administrative department of real estate escrow.

The management and use of the property maintenance fund shall be implemented in accordance with the Measures for the Management of Maintenance Funds for Common Parts and Facilities of Residential Buildings (J&F [1998] No.213) issued by the Ministry of Construction and the Ministry of Finance.

When * * * parts, * * equipment and * * facilities of residential buildings are maintained and updated, the owners' committee shall apply to the municipal real estate administrative department, which shall determine the maintenance items and review the budget, and then report them to the municipal government for approval. Engineering maintenance shall be carried out by a qualified professional team designated by the municipal real estate administrative department.

Article 38 When the owner transfers the house, the property maintenance fund will not be returned, and will continue to be used for the maintenance and renewal of the * * * parts, * * equipment and * * facilities of the house, and the remaining part paid by the owner will be paid by the transferee to the transferor.

Chapter VI Legal Liability

Thirty-ninth did not apply for the qualification certificate of property management enterprises engaged in property management activities, the deadline for completing, by the municipal real estate administrative department fined 1 000 yuan.

Fortieth did not transfer the maintenance fund to the municipal real estate administrative department, the deadline for transfer, or not for housing rights registration.

Article 41 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring a lawsuit to a people's court in accordance with the relevant provisions of the Administrative Reconsideration Law and the Administrative Procedure Law. If it fails to apply for reconsideration or bring a suit in a people's court within the time limit, and fails to perform the punishment decision, the organ that made the punishment provisions shall apply to the people's court for compulsory execution.

Chapter VII Supplementary Provisions

Forty-second non residential property management within the property management area, property management within the jurisdiction of counties, with reference to these measures.

Forty-third the specific application of these measures, the city housing authority is responsible for the interpretation of.

Article 44 These Measures shall come into force as of the date of promulgation. 1996 formulated the "Interim Measures for Property Management in Hohhot" shall be abolished at the same time.

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