Full text of Chifeng property management regulations

Full text of Chifeng property management regulations

The Regulations of Chifeng Municipality on Property Management, that is, the Measures for Property Management in Chifeng Residential Quarters, came into effect on February 1 2000. The following is the full text of "Property Management Measures for Fengshan Residential Quarters" compiled by me. Welcome to read the reference!

Chapter I General Principles

Article 1 In order to strengthen the property management of urban residential quarters, improve the overall management level of the city, and provide residents with a comfortable, convenient, civilized and clean living environment, these Measures are formulated in accordance with the relevant provisions of the state and the autonomous region and combined with the actual situation of this Municipality.

Article 2 A residential area of more than 20,000 square meters (including residential groups, hereinafter referred to as residential areas) formed through unified planning, comprehensive development and supporting construction shall follow the principle of open, fair and just competition, employ property management enterprises through bidding and implement property management.

Article 3 Property management is a paid service activity in which a property management company is entrusted by the owners' management committee to comprehensively maintain, repair and rectify the parts, facilities, greening, sanitation, traffic and environmental features of the house by using corresponding management methods and applicable maintenance techniques.

Article 4 The construction administrative departments of the people's governments at all levels shall be responsible for the property management work at the corresponding level, supervise, inspect and guide the property management enterprises, and set up complaint telephones to receive complaints from the masses against the property management enterprises.

Planning, finance, price, land, civil affairs, health, environmental protection, public security, fire protection, radio and television, electricity, telecommunications and other relevant departments and sub-district offices shall, according to their respective responsibilities, cooperate with the construction administrative departments to do a good job in property management.

Chapter II Management Committee of Residential Owners

Article 5 In residential quarters where property management is implemented, an owners' management committee (hereinafter referred to as the management committee) shall be established to implement self-management by owners. The CMC was established under the guidance of the administrative department of construction, and is composed of housing property owners, representatives elected by users, neighborhood offices in residential areas, property management enterprises and development and construction units.

Article 6 Before the establishment of the Administrative Committee, the construction administrative department designated the property management company to intervene in the early management, and the property management company signed a letter of intent with the development and construction unit to intervene in the early management, and agreed on the maintenance fund of facilities and equipment in residential quarters, supporting facilities in residential quarters, management rooms and maintenance during the warranty period. After the establishment of the CMC, the CMC, together with the construction administrative department, will organize bidding to select a property management company, and the CMC will sign a property management entrustment contract with the property management company.

Article 7 Rights and obligations of the CMC

I. Rights of the Executive Committee

(a) to formulate the articles of association of the management committee, represent the owners and users of houses, safeguard their legitimate rights, and implement the resolutions of the owners' congress;

(two) to convene and preside over the meeting of the owners (representatives) and report to the meeting;

(three) under the guidance of the administrative department of construction, in the form of public bidding, entrust a property management company to conduct property management in residential quarters;

(four) to consider the annual management plan for residential areas formulated by the property management company and the major measures involved in management;

(five) to consider the use of special maintenance funds for residential quarters;

(six) to inspect and supervise the implementation of the management and service work of the property management company;

(seven) to publicize and implement the laws, regulations and policies of the state, autonomous regions and municipalities on property management;

Second, the obligations of the CMC.

(1) Abide by and perform the entrustment contract of property management;

(two) according to the opinions and requirements of property owners and users, check and supervise the management of property management companies, and coordinate and solve the contradictions between property owners, users and property management companies;

(three) to assist the property management company to implement various management measures in residential areas;

(four) accept the supervision of the owner and user of the house;

(five) to urge property owners and users to pay property management fees on time;

(six) to coordinate the relationship between the relevant management departments of residential quarters;

(seven) accept the supervision and guidance of the administrative department of construction;

(eight) shall not engage in various business activities.

Chapter III Property Management Companies

Article 8 A property management company is a professional enterprise that has obtained a property management qualification certificate and implemented unified and comprehensive management of residential quarters. It is an economic entity with independent legal personality. Property management companies follow the principles of independent operation, paid service and self-financing, and gradually implement socialized and professional management mode.

Ninth counties in the district construction administrative departments responsible for the establishment of property management enterprises for preliminary examination, after passing the preliminary examination, reported to the municipal construction administrative departments for examination and approval. A property management company that has obtained the qualification certificate of property management shall register with the municipal administrative department for industry and commerce, obtain a business license, and go through the relevant formalities such as charging license with the municipal price department.

Tenth municipal construction administrative departments shall implement the annual inspection system for property management qualification certificates, strengthen supervision, and ban units or organizations that are not qualified to undertake property management business.

Eleventh property management companies in accordance with the property management contract for property management. The property management contract shall be formulated by the municipal construction administrative department.

Property management personnel will be listed for posts to provide civilized and high-quality services.

Article 12 Rights and obligations of a property management company:

First, the rights of property management companies.

(a) to formulate the management rules and regulations of the property under management;

(two) to collect property management fees in accordance with the relevant provisions;

(three) have the right to ask the CMC to assist in management;

(four) have the right to stop the housing property owners, users in violation of rules and regulations;

(five) have the right to hire a franchise company to undertake special management business;

(six) can implement a variety of business, with its income to supplement the property management fee.

Second, the obligations of the property management company

(a) to perform the property management contract, operate according to law, and provide quality services;

(two) the implementation of the national "property management enterprise financial management regulations", accept the supervision and inspection of the financial department at the same level;

(three) to submit the management work plan, major management measures and special maintenance fund use plan to the CMC;

(four) accept the supervision of the CMC and the owners and users of the house;

(five) accept the supervision and management of the neighborhood offices on the environmental sanitation of residential quarters;

(six) accept the supervision and guidance of the administrative department of construction;

(7) Set up a complaint telephone number to handle the complaints of the masses against the employees of the company.

Thirteenth property management companies do not meet the standards agreed in the property management entrustment contract, or violate the provisions of the property management entrustment contract, the management committee or the entrusting party may terminate the contract.

Due to poor management, maintenance and conservation, resulting in the loss of housing property owners and users, the property management company shall compensate for the losses; In violation of relevant laws, regulations and policies, the administrative department of construction shall handle it in accordance with relevant regulations.

Fourteenth property management enterprises can enjoy the preferential policies of the state for the tertiary industry.

Chapter IV Property Management of Residential Areas

Fifteenth where the residential area, should implement property management. A residential area must be managed by a property management company. Units in residential areas shall be managed by property management companies.

Sixteenth residential construction period, the property management company shall assist the development and construction units and quality inspection departments to ensure the quality of the project, found problems in a timely manner to coordinate and solve. After the completion of the project, the construction

The administration department and the property management company involved in the early management shall conduct a comprehensive acceptance of the implementation of the agreed content. If the acceptance is unqualified, the construction project management department and the quality inspection department will not complete the acceptance.

Seventeenth housing delivery, development and construction units responsible for the maintenance of the warranty period. If the development and construction unit cannot carry out maintenance, it can pay the maintenance lump sum fee to the entrusted property management company at 2% of the Jian 'an price (the fee is paid from the project quality guarantee fund of the construction unit), and the property management company is responsible for maintenance (except for structural quality accidents) during the warranty period.

Eighteenth urban planning and design departments must plan and design the specific location and construction drawings of residential management service houses and commercial houses according to the proportion of 0.5% of the total construction area. The construction cost shall be shared by the development and construction unit according to the proportion of 0.5% of the development area, and shall be charged in the profit, and shall not be spread into the house price. After the completion of the house, the property right belongs to the CMC and is supervised by the construction administrative department.

Nineteenth property transfer, the development and construction unit to the property management company to hand over the following information (copy):

A, residential district planning, completion of the total area map;

Two, single building, structure, equipment completion figure;

Three, the underground pipe network completion figure;

Four, the city planning acceptance project quality inspection and acceptance certificate;

5. List of property rights.

Twentieth public facilities and public venues in residential areas are managed and operated by property management companies, and their income should be used to supplement the property management funds in residential areas.

Twenty-first housing occupied parts and occupied facilities and equipment by the housing property owners, users responsible for maintenance; * * * The ancillary facilities of the house are managed and maintained by the property management company.

Article 22 Contents and standards of property management:

I. Management of facilities and equipment used by * * *: The facilities and equipment used by * * * are in good condition and there is no arbitrary change of use; The road is smooth, no empty drum collapse, water freezing phenomenon; Clean sewage wells and septic tanks in time.

Second, the greening management of the community: the lawn flower beds are lush, the leaf color is normal, the crown is complete, the color is bright, the level is clear, and the height is orderly; Flowers and trees have no litter, preventing and controlling pests and diseases; There are no materials piled up in the lawn, and there is no obvious man-made damage.

3. Environmental sanitation management: sanitary facilities such as garbage bins and bagged garbage bins are complete; * * * Stairs, handrails, walkways and basements, etc. Keep it clean, and do not pile up sundries at will; The environment is clean and tidy, and there is no deposit around the building; No graffiti in residential areas, building exterior walls and corridors; Public * * * venues and green spaces should be cleaned regularly, and garbage should be cleaned daily.

Twenty-third residential water supply and drainage, power supply, heating, telecommunications, cable television and other pipelines maintenance and environmental protection, by the professional departments responsible for the specific scope:

First, the heating department is responsible for the maintenance and management of heating facilities, equipment, heating pipes and radiators in residential areas.

Second, the water supply department is responsible for the maintenance and management of water supply facilities, water supply pipelines and household metering valves in the community.

Three, the electric power department is responsible for the maintenance and protection of overhead lines and underground lines in residential areas to the contact points on the user's sub-meter gate.

Four, the environmental protection department is responsible for the management of community environmental pollution and noise nuisance.

Five, telecommunications, cable television departments responsible for the maintenance and management of residential areas, households, lines, facilities and equipment; Where installation or decoration is involved, the consent of the property management company shall be obtained.

Six, the implementation of property management of residential garbage collected by the property management company, and transported to the garbage transfer station or garbage point.

Seven, the boundary between the environmental sanitation management of residential areas and the management of street offices, with the outer edge of residential buildings as the boundary. For the old streets and lanes in the past, if they become sidewalks in the community after development and construction, the property management company will manage and clean them up; Roadways that still belong to urban streets are managed and cleaned by street offices; Houses that are not included in property management are managed by property units, and their environmental cleaning is supervised and managed by street offices.

Twenty-fourth residential housing property owners, users must comply with the following provisions:

1. Do not change the nature, structure, appearance and color of the house without authorization; No unauthorized modification, connection, damage or demolition of houses and ancillary facilities and equipment.

Two, it is forbidden to pile up debris and illegal buildings in public courtyards, corridors, roofs and stairs; It is forbidden to build walls and store overweight items on the balcony; It is forbidden to damage garden facilities; It is forbidden to occupy or trample on green space; It is forbidden to dump garbage, sewage, peels, cores and scraps of paper; It is forbidden to throw sundries into the sewer pipe; It is forbidden to scribble, depict or post on buildings and structures; It is forbidden to raise poultry and livestock; It is forbidden to engage in activities that have adverse effects on the community environment.

Three, residential areas are not allowed to park bicycles and motor vehicles; It is forbidden for trucks to enter residential areas (except those passing through urban roads in residential areas).

Twenty-fifth housing property owners and users must obey the normal management of the property management company, abide by the owners' convention, and consciously pay the property management fee on time. Without qualification, unauthorized contracting property management business, housing property owners, users have the right to refuse to pay fees.

Chapter V Property Management Fee

Twenty-sixth property management fees refer to the service fees provided by property management companies for the owners and users of houses, such as the maintenance of parts, facilities and equipment, environmental sanitation and greening, which are declared by property management companies according to the actual services provided by residential quarters.

Article 27 According to the documents of the State Planning Commission, the Ministry of Construction, the Price Bureau and the Construction Department of the Autonomous Region, the property management fee includes: 1. Wages and surcharges; Two, * * * facilities and equipment daily operation, maintenance and maintenance costs; Third, greening management fees; Fourth, the cost of cleaning and sanitation; 5. Security costs; 6. Office expenses; Seven, the property management unit fixed assets depreciation; Eight, statutory taxes and fees; 9. profit.

Twenty-eighth city price department is the examination and approval authority of property management service charges, and is responsible for the supervision and management of property management fees.

Article 29 Property management fees for office buildings and commercial buildings in residential quarters shall be charged at 10% and 20% respectively according to the charging standards of residential quarters.

Thirtieth vacant housing property management fees, according to the residential area where the charges are 50%.

The property management fee shall be borne by the owner for the vacant rooms that the owner has not checked in for some reason; The development and construction units unsold vacant houses, property management fees shall be borne by the development and construction units.

Article 31. For residential quarters rated as excellent in property management by the state and autonomous regions, the property management fee will be increased by 20% and 10% respectively from the next month after the date of approval.

Thirty-second special service fee for property management refers to the fees charged for providing services (such as babysitting, delivering newspapers, mailing letters, refueling, etc.) for the special needs of owners and property users. ). The special service fee shall be formulated by the operator and filed with the local price department.

Thirty-third property management service charges to implement the system of clearly marked price, fee permit system and annual inspection system. Property management fees must be collected by vouchers, and the bills uniformly printed by the municipal construction administrative department shall not be raised without authorization.

Thirty-fourth municipal construction administrative departments and the municipal finance department shall study and formulate the management measures and corresponding systems for the * * * parts of the house and the * * * facilities maintenance fund, which shall be implemented after being approved by the Municipal People's government.

Chapter VI Illegal Handling

Article 35 If a property management company violates the relevant provisions of Articles 11, 12, 13, 22 and 33 of the Measures, the construction administrative department shall give it to informed criticism according to the situation, and according to the relevant provisions of the "Trial Measures for Quality Management of Property Management Enterprises" of the Ministry of Construction, it shall be given the treatment of lowering its qualification level or revoking its qualification.

Thirty-sixth housing property owners and users in violation of the provisions of article twenty-fourth, the property management company to stop, criticize and educate, ordered to restore the original state, compensation for losses; Causing a major accident, which constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

Thirty-seventh owners and users should pay the property management service fee to the property management unit according to the charging items and standards approved by the price department. If they fail to pay the fee according to the regulations, the property management unit has the right to claim compensation. If the property management fee is not paid for a long time, the property management company may apply for arbitration or litigation.

Thirty-eighth development and construction units in violation of the provisions of article seventeenth, article eighteenth of these measures, the construction project management department and the quality inspection department shall not carry out the project completion acceptance, the construction management department shall not conduct comprehensive acceptance.

Thirty-ninth relevant departments in violation of the provisions of article twenty-third, shall be investigated for the administrative responsibility of the person in charge of the department.

Fortieth management committee or development and construction units and property management companies in dispute, property management companies and housing property owners, users of disputes, you can apply to the construction administrative departments for coordination. If the coordination fails, it may apply for arbitration or litigation.

Forty-first interference, hinder the construction administrative departments, management committees and property management company staff to perform official duties, by the public security organs in accordance with the relevant provisions of the "Regulations of the people's Republic of China on administrative penalties for public security".

Chapter VII Supplementary Provisions

Forty-second these Measures shall apply to Hongshan District, Songshan District, yuanbaoshan district and Qixian County.

Article 43 These Measures shall come into force as of the date of promulgation, and the management fee of 0.35 yuan per square meter as stipulated in the Implementation Plan of Chifeng Municipality for Implementing the Decision of the State Council Municipality on Deepening the Reform of Urban Housing System (Chifeng City [1997] 128) shall be stopped.

The Interim Measures for Property Management in Chifeng Residential Quarters (1997) shall be abolished at the same time.

Article 44 These Measures shall be interpreted by the Municipal Construction Bureau and the Municipal Price Bureau.

Extended reading:

Basic principles of property management

(a) the principle of clear responsibility:

In the property management area, the rights and responsibilities of owners, owners' congress, owners' committee and property management enterprises should be very clear, and the rights and responsibilities of all departments of property management enterprises should be clear. All the owners in a property management area form the owners' meeting, and the owners' committee is the executive body of the owners' meeting. Property right is the basis of property management right, and owners, owners' assembly or owners' committee are the main body and core of property management right.

(II) Owner-led principle:

Owner-led, refers to the property management activities, with the owner's needs as the core, put the owner in the first place. Emphasizing the leading role of owners is the fundamental difference between modern property management and housing management under the traditional system.

(3) the principle of service first:

Everything we do is service, and property management must adhere to the principle of service first.

(4) the principle of unified management:

Only one owners' meeting can be established in a property management area, and a property management enterprise can implement property management in a property management area.

(five) the principle of professional efficiency:

Unified management of property management enterprises does not mean that all the work must be undertaken by the property management enterprises themselves. Property management companies may entrust special services within the property management area to professional service companies, but may not entrust all property management within the area to others.

(six) the principle of reasonable fees:

Property management funds are the material basis for property management. Property service charges should follow the principles of reasonableness, fairness and the adaptation of charges to service levels. To distinguish the nature and characteristics of different properties, the owners and property management enterprises shall make an agreement according to the relevant provisions. The fees charged should be acceptable to both owners and users, and they feel that the quality and price are consistent and the value is worth the money. Property management special maintenance funds shall be managed and used according to law. Property management companies can increase their income by implementing paid services and diversified operations.

(7) The principle of fair competition:

Property management is the product of socialist market economy, and an open, fair and just competition mechanism should be implemented. When hiring a property management company, we must adhere to the bidding system, and the client will issue a tender. Generally, there should be more than three property management companies bidding, and the bidding should be open and fair.

(eight) the principle of handling affairs according to law:

The problems encountered in property management are very complicated and involve a wide range, and the whole property management process is always inseparable from laws and regulations. The property service contract signed according to law is a normative document with legal effect and the basic basis of property management.

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