Decision of the Standing Committee of Changzhou Municipal People's Congress on Amending the Regulations of Changzhou Municipality on Residential Property Management and other three local regulations

I. Amend the Regulations of Changzhou Municipality on the Administration of Residential Property.

(1) Article 1 is amended as: "In order to standardize residential property management activities, safeguard the legitimate rights and interests of all parties involved in property management, and create a good living environment, these Regulations are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council, the Regulations on Property Management of Jiangsu Province and other laws and regulations, combined with the actual situation of this Municipality."

(2) Paragraph 2 of Article 3 is amended as: "Sub-district offices (town people's governments) are responsible for the guidance and supervision of property management activities within their respective jurisdictions, and assist the people's governments at higher levels and relevant competent departments and institutions to do a good job in property management."

(3) Paragraph 2 of Article 4 is amended as: "Departments and institutions in charge of urban management, public security, civil affairs, finance, natural resources and planning, housing and urban and rural construction, market supervision and management, ecological environment, development and reform, and fire rescue. They should do a good job in property management according to their respective responsibilities. "

(4) Paragraph 2 of Article 8 is amended as: "The owners' meeting decides the following matters:

"(a) to formulate and modify the rules of procedure of the owners' congress;

"(2) Formulating and amending management regulations;

"(three) to elect the owners' committee and the board of supervisors or to replace the members of the owners' committee and the board of supervisors;

"(four) to change and cancel the inappropriate decisions of the owners' committee;

"(five) to decide the working expenses of the owners' congress, the owners' committee and the board of supervisors, and the working subsidies and standards of the members of the owners' committee;

"(six) the content of property services, service standards and property service charges;

"(seven) selection, renewal and dismissal of property services companies or other management personnel;

"(eight) the use of residential special maintenance funds and public benefits;

"(nine) to raise special funds for residential maintenance;

"(ten) renovation of buildings and their ancillary facilities;

"(eleven) change the purpose of * * * or use * * * to engage in business activities;

"(12) Other major matters concerning the right to operate * * * and * * * *."

One paragraph is added as the third paragraph: "When the owners decide on the same matter, the owners whose exclusive part accounts for more than two-thirds of the area and whose number accounts for more than two-thirds shall vote. Decisions on the matters specified in Items 9 to 11 of the preceding paragraph shall be subject to the consent of the owners who have more than three-quarters of the exclusive area and more than three-quarters of the people who have voted. Decisions on other matters specified in the preceding paragraph shall be agreed by more than half of the owners of the exclusive part and more than half of the people with voting rights. "

(5) Paragraph 3 of Article 10 is amended as: "The preparatory funds required for convening the first owners' meeting shall be borne by the construction unit, and the guiding standards shall be formulated by the municipal property management department in conjunction with the municipal development and reform department according to the scale of the property management area, the number of owners and the construction area. The construction unit shall hand over the preparatory funds to the special account set up by the sub-district office (town people's government) for organizing the preparations for the owners' meeting before handling the first registration of house ownership. "

(6) Item 6 of Article 19 is amended as: "(6) Supervise and manage fiscal revenue, fiscal revenue and its use".

(7) Item 5 of Article 21 is amended as: "(5) Revenue and expenditure of public revenue".

(8) Paragraph 3 of Article 30 is amended as: "The property management committee shall stop performing its duties from the date when the new owners' committee is formed, and shall hand over the relevant materials and property to the new owners' committee within seven days, and shall be automatically dissolved after the handover. Property management committee to manage public revenue and public revenue, before the handover, the owners' committee may entrust a professional organization to conduct an audit, and publicize the audit results in a prominent position in the property management area for a period of not less than fifteen days. Audit fees are paid from public revenue. "

(nine) by deleting the second paragraph of article thirty-second.

The third paragraph is amended as: "After the expiration of the previous realty service contract, if the construction unit fails to renew or hire other realty service enterprises, and the realty service enterprises continue to provide realty services, the original realty service contract will remain valid, but the service period is uncertain. If either party proposes to terminate the contract, it shall notify the other party and the municipal (district) property management department and the subdistrict office (town people's government) in writing 60 days in advance, and make an announcement in a prominent position in the property management area. "

(10) Paragraph 2 of Article 33 is amended as: "When the construction unit sells the property, it shall express and explain the preliminary property service contract and temporary management agreement to the property buyer."

(eleven) the third paragraph of Article 34 is amended as: "The specific measures for undertaking inspection shall be formulated separately by the municipal housing and urban-rural construction department."

The fourth paragraph is amended as: "After undertaking the inspection, the construction unit shall sign an inspection agreement with the property service enterprise, clearly stipulating the basic situation, existing problems, solutions and time limit, rights and obligations of both parties, liability for breach of contract, etc."

(12) Paragraph 2 of Article 36 is amended as: "If the construction unit re-hires a property service enterprise, the service content, service standard and property service charging scheme of the new property service enterprise shall be approved by the owners who account for more than two-thirds of the area of the exclusive part of the property to be sold and the number of owners who account for more than two-thirds of the total number, and if more than half of the owners and voters of the exclusive part agree, it shall be publicized in a prominent position in the property management area for a period of not less than/kloc-.

(13) Item 2 of Paragraph 2 of Article 37 is amended as: "(2) The realty service enterprise shall publicize the service contents, service standards and charging standards to be adjusted in a prominent position within the realty management area for a period of not less than 30 days, and inform the subdistrict office (town people's government) and the municipal (district) development and reform and the competent department of realty management in writing".

Item 3 of Paragraph 2 is amended as: "(3) The price adjustment plan is passed by the owners who account for more than two thirds of the exclusive part area and by more than two thirds of the owners, and by the owners who account for more than half of the exclusive part area. The voting results will be publicized in a prominent position in the property management area for a period of not less than fifteen days. "

The third paragraph is amended as: "The owner may complain to the subdistrict office (town people's government) and the municipal (district) property management department if he thinks that the adjustment of the charging standard violates the procedures specified in the preceding paragraph; If you have any objection to the adjusted charging standard, you can complain to the market supervision and management department where the property is located. "

(XIV) Article 38 is amended as: "If the realty service enterprise withdraws during the prophase realty management, the construction unit shall assume corresponding management responsibilities before the new realty service enterprise enters. The owners' meeting has not yet been established, and the construction unit is revoked or unable to bear the corresponding management responsibilities. The realty service enterprise shall notify the owner and the subdistrict office (Town People's Government) in writing 90 days before withdrawing from the realty management area. Sub-district offices (town people's governments) shall organize the establishment of owners' meetings and property management committees before the property service enterprises withdraw, and decide the management methods. "

(15) Item 4 of Paragraph 1 of Article 40 is amended as: "(4) Income and expenditure of property fees, other service fees and public income".

(sixteen) the second paragraph of article forty-sixth is amended as: "the property management area that has been put into use shall not be changed without authorization. If it is really necessary to change, it shall form a change plan and apply to the municipal (District) property management department. The change plan shall stipulate the use and maintenance of roads, green spaces, * * used parts and * * used facilities and equipment in the changed property management area. Owners with proprietary parts accounting for more than two-thirds of the area and more than two-thirds of the people participate in the voting, and the voting is passed by more than half of the owners with proprietary parts and more than half of the voters. "

(seventeen) the second paragraph of article forty-seventh is amended as: "the realty service enterprise shall promptly discourage and stop the acts mentioned in the preceding paragraph; Discourage or stop ineffective, it shall report to the relevant competent department and the owners' committee, and the relevant competent department shall deal with it in time. Owners' congress, owners' committee and relevant owners and property users have the right to demand the actor to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the losses in accordance with the provisions of laws, regulations, temporary management regulations and management regulations, as well as the stipulations of the previous property service contract and property service contract; Owners and property users have the right to report or complain to the relevant competent authorities, and may bring a lawsuit to the people's court in accordance with the law for acts that infringe upon their legitimate rights and interests; The owners' committee may bring a lawsuit to the people's court in accordance with the law for the same interests of the owners. "

Article 49 is amended as: "Public revenue and public revenue shall be accounted for separately and independently, and shall not be misappropriated without authorization. According to the prophase realty service contract and realty service contract, managed by the realty service enterprise, the realty service enterprise shall establish separate accounts; If it is managed by the owners' committee or the property management committee, it shall be included in the account of the owners' assembly or the property management committee for management.

"During the prophase realty service, the construction unit and realty service enterprise may stipulate the use and management of public * * * income and public * * * income in the prophase realty service contract. During the prophase realty service, the proportion of public revenue as the maintenance fund in the realty management area shall not be less than 70%.

"After the establishment of the owners' meeting, the distribution and use of public * * * income and public * * * income shall be carried out in accordance with the decisions of the owners' meeting or the owners' committee authorized by the owners' meeting and the stipulations of the property service contract, and the public * * * income shall be mainly used for the maintenance, renewal and transformation of * * * used parts and facilities and equipment in the property management area."

(XIX) Article 50 is amended as: "Public income and public benefits shall be subject to the supervision of the owners, owners' congress, owners' committee, property management committee, subdistrict office (town people's government) and community residents' (village) committees.

"Public * * * income and public * * * income balance shall be publicized to the owners in a prominent position in the property management area at least once every six months, and publicized on the public service platform of property management in accordance with regulations.

"At the end of the prophase realty service, when the realty service contract for the realty service enterprise to manage public * * * income and public * * * income is terminated, the owners' committee or the realty management committee may entrust a professional institution to audit the revenue and expenditure of public * * * income and public * * * income.

"The owners' committee or more than ten owners have objections to the public income and public income, and may request to inquire about the relevant financial books; Upon the proposal of the owner that the exclusive part of the delivered property accounts for more than 20% of the total construction area and accounts for more than 20% of the total number of people, the owners' assembly or the owners' committee shall entrust a professional organization to audit the revenue and expenditure of public income in accordance with the rules of procedure of the owners' assembly.

"The audit results of public revenue and public revenue and expenditure shall be publicized in a prominent position within the property management area for a period of not less than fifteen days. Audit fees are collected from public revenue. "

(20) Article 54 is amended as: "The expenses for maintenance, renewal and renovation of * * * parts and facilities of the property shall be borne in accordance with the following provisions, and may be charged to the special maintenance funds for houses:

"(a) the cost of the exclusive part shall be borne by the owner of the exclusive part;

"(2) The cost of the * * * part shall be borne by the owner of the * * * part in proportion to the area of its exclusive part;

"(three) all the expenses of the * * * part shall be borne by all the owners in the property management area in proportion to their own proprietary parts.

"The preceding paragraph involves unsold houses or public housing, which shall be borne by the construction unit or public housing property unit in accordance with the proportion of its exclusive area.

"If the residential special maintenance fund is not deposited or the balance of the residential special maintenance fund is insufficient, the owner shall bear it according to the proportion of its exclusive part area and the principle stipulated in the first paragraph of this article; If there is an agreement, it shall be implemented in accordance with the agreement. "

(twenty-one) by deleting article 55.

(22) Article 59 is renumbered as Article 58, and the first paragraph is amended as: "The municipal property management department shall, in accordance with laws, regulations and state regulations, establish a property management credit system covering the construction unit, the property service enterprise, the person-in-charge of the property service enterprise, the person-in-charge of the property service project, the owners' committee and members of the property management committee, the owners and the third-party institutions, and identify, record, collect and share the credit information of property management.

(23) Article 60 is changed to Article 59 and amended as: "If the construction unit sells, divulges or illegally provides the owner's information or refuses to rectify the engineering quality problems found during the property inspection, it shall be deemed as an act of dishonesty and entered into the municipal property management credit information system."

(24) Article 61 is changed to Article 60 and amended as: "If a realty service enterprise commits one of the following acts, it shall be deemed as an act of dishonesty and entered into the credit information system of the municipal realty management:

"(a) providing false information in the property management bidding activities, defrauding the bid;

"(two) defrauding, misappropriating or encroaching on the property of the owners, such as special maintenance funds for houses and public benefits;

"(3) maliciously harassing the owners or members of the owners' committee and taking revenge by violent means;

"(four) the sale, disclosure or illegal provision of owner information;

"(5) The acts listed in Article 41 of these Regulations are serious."

(twenty-five) by deleting sixty-second.

(XXVI) Article 63 is changed to Article 61 and amended as: "If a member of the owners' committee or the property management committee commits the acts specified in Article 22 of these regulations and the circumstances are serious, it shall be deemed as an act of dishonesty and entered into the municipal property management credit information system. "

(XXVII) Article 64 is renumbered as Article 62 and amended as: "If the owner fails to pay the property fee and refuses to perform it after being confirmed by the effective judicial judgment document and arbitration award, it shall be deemed as an act of dishonesty and entered into the municipal property management credit information system."

(XXVIII) Article 65 is renumbered as Article 63 and amended as: "If a third-party agency has fraudulent, misleading statements or major omissions in the property management activities, and the report issued by it does not conform to the objective reality, it shall be deemed as an act of dishonesty and entered into the municipal property management credit information system."

29. One article is added as Article 64: "The determination of dishonesty shall be based on the following legally binding documents:

"(1) Effective judicial judgment documents and arbitration documents;

"(two) administrative penalties, administrative rulings and other administrative decisions;

"(3) laws, regulations or other documents stipulated by the state that can be used as the basis for the determination of dishonesty."

(thirty) sixty-sixth to sixty-fifth, and delete the fourth paragraph.

The fifth paragraph is amended as: "Specific measures for the management of credit information of property management shall be formulated by the municipal property management department in conjunction with the municipal development and reform department, and shall be implemented after being approved by the Municipal People's Government."

(31) Article 67 is renumbered as Article 66, and Item 5 is amended as: "(5) Cooperate with market supervision and management departments to supervise and manage property service charges".

(32) Article 70 is changed to Article 69, and Item 4 is amended as: "(4) Participating in supervising the management and use of special housing maintenance funds and public financial revenue".

(33) Article 71 is changed to Article 70 and amended as: "The relevant departments of the city and city (district) shall perform their duties according to law, implement the law enforcement and management requirements in residential quarters, and do the following work:

"(a) the urban management department shall investigate and deal with violations of property management laws and regulations, as well as illegal construction, destruction of city appearance and property management areas, making social life noise and construction noise, setting up stalls indiscriminately, occupying and destroying green space and greening, illegal disposal of waste and other illegal acts.

"(two) the public security organs are responsible for the security management of the property management area, and investigate and deal with acts that hinder the autonomy of the owners and infringe on the rights and interests of the owners according to law; Supervise and inspect the setting and maintenance of safety facilities; Guide the setting of car parking, parking spaces and speed limit signs in the property management area, and participate in handling parking contradictions and disputes; Assist in the supervision and management of house leasing.

"(three) the competent department of housing and urban and rural construction is responsible for urging the construction unit and the construction unit to fulfill the warranty responsibility of the house and related facilities and equipment within the warranty period after the delivery of the property; Accept and handle complaints caused by housing quality problems in accordance with regulations.

"(four) the market supervision and management department is responsible for the supervision and management of special equipment safety, food and drug safety, illegal business activities and property service charges in the property management area; Investigate and deal with price violations in property management according to law.

"(five) the drainage department is responsible for the supervision and management of drainage in the property management area, establish an inspection mechanism, and investigate and deal with illegal acts involving drainage in the property management area according to law.

"(six) the competent department of urban greening is responsible for the daily guidance and supervision of greening in the property management area.

"(seven) the fire rescue agency is responsible for supervising and inspecting the performance of fire safety duties by property service enterprises, and investigating and dealing with acts that violate fire laws and regulations and affect the use of fire facilities and fire exits according to law.

"(eight) the competent department of ecological environment is responsible for the supervision and management of the property management area and its surrounding pollution sources, and investigate and deal with violations of environmental protection laws and regulations according to law.

"(nine) the development and reform department is responsible for the implementation of the regular evaluation and adjustment mechanism of the service charge standard that implements the government guidance price."

(34) Change Article 75 into Article 74, and the fourth item is amended as: "(4) In violation of the provisions of the first paragraph of Article 49 of these regulations, if the property service enterprise fails to establish separate accounts and conduct independent accounting, it shall be fined not less than 30,000 yuan but not more than 100,000 yuan; Those who misappropriate public income shall be given a warning, the illegal income shall be confiscated, and a fine of less than one time of the misappropriated funds may be imposed. "

(35) One article is added as Article 78: "Where other managers are entrusted to provide property services such as maintenance of buildings and ancillary facilities, management and maintenance of environmental sanitation and related order for owners, the provisions of these Regulations on property service enterprises shall apply."

(36) One article is added as Article 79: "The term" public * * * income "as mentioned in these Regulations refers to the income generated by the use of some owners. The revenue and expenditure of public income should include income, use and balance.

The term "public income" as mentioned in these Regulations refers to the income after deducting reasonable costs from public income.

(thirty-seven) sixteenth, nineteenth, forty-first, forty-second, sixty-fourth, seventy-second "property service fee" is amended as "property fee". The "property service fee" in Article 40 is amended as "property fee".

(38) Amend "members of the owners' committee" to "members of the owners' committee", "members of the property management committee" to "members of the property management committee" and "planning authorities" to "natural resources and planning authorities".

In addition, the order of articles, individual words and punctuation marks should also be adjusted accordingly.