Job Recruitment Website - Property management - The full text of the Property Management Regulations (3)
The full text of the Property Management Regulations (3)
Fiftieth public buildings and facilities built according to the plan in the property management area shall not be changed.
Owners need to change the use of public buildings and facilities according to law, and shall inform the realty service enterprise after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.
Fifty-first owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.
Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.
Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.
Fifty-second water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities in the property management area according to law.
If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state.
Fifty-third owners need to decorate the house, it should inform the property service enterprises in advance.
The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.
Article 54 The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with the single structure of residential buildings shall pay special maintenance funds in accordance with relevant state regulations.
Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.
Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.
Fifty-fifth the use of property * * * with parts, * * with facilities and equipment for business, should obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.
Fifty-sixth property security risks, endangering public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintenance, the relevant owners should cooperate.
If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.
Chapter VI Legal Liability
Article 57 If, in violation of the provisions of this Ordinance, a residential property construction unit employs a property service enterprise without bidding or approval, and employs a property service enterprise by agreement, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and may concurrently impose a fine of more than 6,543,800 yuan.
Article 58 Where a construction unit, in violation of the provisions of these Regulations, arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Fifty-ninth in violation of the provisions of this Ordinance, the relevant information is not handed over, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property service enterprise shall be notified, and a fine of more than 1 1,000 yuan 1 1,000 yuan shall be imposed.
Article 60 Anyone who violates the provisions of these regulations and engages in property management without obtaining a qualification certificate shall be confiscated by the real estate administrative department of the local people's government at or above the county level and fined between 50,000 yuan and 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and a qualification certificate shall be issued.
Article 61 Where a realty service enterprise, in violation of the provisions of these Regulations, employs personnel who have not obtained the professional qualification certificate of realty management to engage in realty management activities, the real estate administrative department of the local people's government at or above the county level shall order it to stop the illegal act and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 62 Where a realty service enterprise, in violation of the provisions of these Regulations, entrusts all the realty management within the realty management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 63 If anyone misappropriates special maintenance funds in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; Property service enterprises misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
Article 64 If a construction unit violates the provisions of these Regulations and fails to allocate necessary property management premises in the property management area, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.
Article 65 Where a realty service enterprise, in violation of the provisions of these Regulations, changes the use of its realty management premises without the consent of the owners' meeting, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.
Article 66 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:
(a) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities;
(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;
(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.
Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.
Sixty-seventh in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay 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.
Sixty-eighth owners in the name of the owners' congress or owners' committee, engaged in activities that violate laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.
Article 69 If, in violation of the provisions of these Regulations, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
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