Full text of Qingdao property management regulations

Regulations of Qingdao Municipality on Property Management

Chapter I General Principles

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners, property users and property management enterprises, and improve the living and working environment of the people, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and in light of the actual situation of this Municipality.

Article 2 These Regulations shall apply to property management and its supervision and management activities within the administrative area of this Municipality.

Article 3 The municipal and district (city) property management administrative departments shall supervise and manage the property management activities within their respective jurisdictions.

City and district (city) property management administrative departments shall be specifically responsible for the supervision and management of property management activities within their respective jurisdictions.

The relevant administrative departments shall, in accordance with their respective statutory duties, do a good job in property management.

Street offices (Town People's Government) shall be responsible for the coordination and guidance of property management activities in accordance with the provisions of these regulations.

Fourth owners can manage their own property, but also entrust property management companies or other managers to manage.

Fifth property management companies should implement property management in accordance with the provisions of property management laws and regulations and the provisions of the property service contract; Owners should support and cooperate with property management companies to carry out their work.

Chapter II Owners and Owners' Congress

Article 6 Establish the system of owners' roster.

The list of owners shall be established and managed by the owners' committee. The implementation of pre-property management of the property, the construction unit to establish a list of owners, and after the establishment of the owners' committee to transfer its management.

Where the owner changes, the new owner shall register the change in the owner's register.

Article 7 The division of property management areas shall comprehensively consider factors such as urban planning, building scale, community construction, property use facilities and equipment, and public supporting projects.

Newly built residential areas, including residential areas built by stages or developed by two or more units, shall be divided into a property management area, and supporting facilities and equipment shall be used for * * *.

The construction unit shall, at the same time as applying for the construction project planning permit, request the district (city) property management administrative department to divide the property management area, which shall be divided by the district (city) property management administrative department in conjunction with the subdistrict office (town people's government) in accordance with the provisions in the first and second paragraphs of this article.

If the property management area has not been divided or needs to be adjusted, the district (city) property management administrative department shall, jointly with the subdistrict office (town people's government), divide or adjust it according to the actual situation. If the residential area is inter-district (city), the municipal property management administrative department shall divide or adjust the property management area in accordance with the provisions in the first and second paragraphs of this article.

Article 8 A property management area shall establish a general meeting of owners. The owners' meeting is composed of all owners in the property management area.

Only one owner, or a small number of owners, decides not to set up the owners' meeting with the consent of the owners, and the owners shall jointly perform the duties of the owners' meeting and the owners' committee.

Article 9 If one of the following conditions is met, the construction unit shall report the construction area and delivery time of the property in writing to the district (city) property management administrative department where the property is located, and provide a list of owners; If the construction unit fails to report in writing in time, the owner may submit a written request for the establishment of the owners' meeting to the district (city) property management administrative department: (1) The occupancy rate reaches more than 50%; (two) the occupancy rate reached more than 30% and the first suite stayed for two years.

District (city) property management administrative departments shall, after receiving the written report of the construction unit or the written request of the owners, organize the establishment of the preparatory group for the owners' meeting in conjunction with the neighborhood offices (town people's governments) where the property is located. The members of the preparatory group are composed of representatives of the owners and members of the residents' committee.

Within three days after the list of members of the preparatory group is determined, it shall be publicized in the property management area in written form.

Article 10 The preparatory group is responsible for the following preparatory work: (1) Determine the time, place, form and content of the first owners' meeting; (2) Drawing up the rules of procedure of the owners' congress and the owners' convention (draft) with reference to the model text formulated by the property management administrative department;

(three) registration and confirmation of the identity of the owner;

(four) the method and list of the candidates for the members of the owners' committee;

(5) Other preparatory work.

Items (1), (2), (3) and (4) of the preceding paragraph shall be published in writing in the property management area fifteen days before the first owners' meeting.

Article 11 The preparatory group shall organize the first meeting of the owners' congress within 30 days from the date of its establishment, elect the owners' committee, and formulate the rules of procedure of the owners' congress and the owners' convention.

The owners' congress shall be established from the date of the first meeting of the owners' congress.

Twelfth held the first owners' meeting, the preparatory group shall notify the district (city) property management administrative departments, neighborhood offices (town people's government) and the residents' committee meeting time, place and agenda in advance, and invite them to send representatives to participate.

Thirteenth owners' meeting can be in the form of collective discussion, but also in the form of written comments.

If there are a large number of owners, a representative of the owners can be elected to participate in the meeting of the owners' congress by building, unit and floor.

If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress three days before attending the meeting. If a vote is required, the opinions of the owners shall be truthfully reflected when voting at the owners' meeting after being signed by the owners' representative himself.

Matters decided by the owners' meeting shall be recorded in writing by the owners' committee and filed.

Matters decided by the owners' congress shall be published in writing within three days within the property management area.

Fourteenth matters decided by the owners' congress are binding on all owners and property users in the property management area, but they shall not violate the provisions of laws, regulations and rules.

Article 15 The rules of procedure of the owners' congress shall stipulate the discussion methods, voting procedures, ways of proposing and determining topics, methods of determining owners' voting rights, composition, term of office, re-election and replacement of members of the owners' committee, etc.

Article 16 The owners' committee shall, within 30 days from the date of election, submit the following materials to the local district (city) property management administrative department for the record: (1) Minutes and resolutions of the owners' congress; (two) the rules of procedure of the owners' congress; (three) the list of members of the owners' committee and the basic situation.

The list of members of the owners' committee shall be published in writing within the property management area within three days after filing.

In accordance with the rules of procedure of the owners' congress, the replacement of members of the owners' committee shall be filed and published in accordance with the provisions of the first and second paragraphs of this article.

Seventeenth legally elected owners' committee for the record, the district (city) property management administrative departments shall issue a record certificate and seal engraving certificate. The owners' committee shall engrave and use seals according to law.

Article 18 The owners' committee shall submit a written report to the district (city) property management administrative department two months before the expiration of its term of office, and under the guidance of the district (city) property management administrative department and the subdistrict office (town people's government), organize the owners to set up a general election team, and convene a meeting of the owners' congress to elect a new owners' committee.

After the expiration of the term of office of the owners' committee, if the owners' meeting is not organized, the district (city) property management administrative department and the subdistrict office (town people's government) shall organize the owners to set up a general election team after receiving the written request from the owners. The re-election team shall convene a meeting of the owners' congress within 30 days from the date of its establishment to elect a new owners' committee.

Within 10 days from the date when the new owners' committee is elected at the meeting of owners' congress, the original owners' committee shall hand over the documents, seals and other property belonging to the owners' congress to the new owners' committee, and do other handover work well.

Nineteenth there are more than two houses in the same property management area, and owners' groups can be established according to buildings, units and floors. The owners' group consists of all owners of the building, unit and floor.

The owners' group shall perform the following duties:

(a) to discuss matters to be discussed by the owners' meeting;

(2) Elect owners' representatives to attend the owners' meeting to express the wishes of the owners in this group. The owners' group meeting can be in the form of collective discussion or written comments.

Chapter III Early Property Management

Article 20 The construction unit of residential property (including non-residential property within the same property management area) shall openly select property management enterprises with corresponding qualifications to implement preliminary property management through bidding. However, if there are less than three bidders or the building area of residential property is less than 30,000 square meters, with the approval of the administrative department of property management in the district (city) where it is located, the construction unit may select property management enterprises with corresponding qualifications to implement preliminary property management through agreement.

Twenty-first construction units to hire property management companies, should sign a written contract with the prophase property service agencies. The prophase realty service contract shall include service contents, service standards, charging items, charging standards, charging methods and starting time, etc.

The property sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-second prophase realty service contract shall stipulate the term, which shall not exceed two years at the longest. Except for properties built in stages.

If the term of the preliminary realty service contract is not full and the owners' meeting selects a new realty management enterprise, the preliminary realty service contract shall be terminated.

If the term of the preliminary realty service contract expires and the owners' meeting has not been established or the owners' meeting has been established but no new realty management enterprise has been selected, the realty management enterprise may continue to engage in realty management services in accordance with the stipulations of the preliminary realty service contract until the owners' meeting selects a new realty management enterprise. The owner shall pay the property service fee according to the standard of the early property service fee stipulated in the property sales contract. However, if the owners' meeting requires the property management enterprise to withdraw, the property management enterprise shall withdraw.

If the prophase realty service contract expires, the realty management enterprise shall notify the owner two months before the expiration.

Twenty-third construction units shall, before selling the property, formulate a temporary convention for owners with reference to the national model text, and express it to the property buyers.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

Twenty-fourth construction units in the organization of completion acceptance or comprehensive acceptance, the district (city) property management administrative departments shall check the following information:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(4) List of owners;

(five) other information required for property management.

The construction unit shall, when handling the property acceptance formalities with the property management enterprise, hand over all the information listed in the preceding paragraph and the property management house. Property management enterprises shall inspect and register the parts, facilities, equipment and property management houses of the property.

Twenty-fifth construction units shall carry out development and construction in accordance with five thousandths of the total construction area in the property management area, with a minimum of not less than one hundred square meters. When examining and approving the planning of a construction project, the planning administrative department shall examine whether the planning and design of the project conform to the provisions of the preceding paragraph. Do not meet the requirements, shall not issue relevant documents.

When applying for the pre-sale permit of commercial housing and the registration of real estate ownership, the construction unit shall submit relevant information such as the area and location of the property management house. When issuing the pre-sale permit of commercial housing and handling the registration of real estate ownership, the real estate ownership registration authority shall indicate the location of the property management house on the relevant materials and inform the district (city) property management administrative department.

Twenty-sixth property management houses belong to all owners. The property management enterprise shall publicize the relevant information of the property management house in the property management area, use the property management house free of charge and be responsible for its maintenance.

Property management houses shall not be mortgaged, exchanged or traded; Without the consent of the owners' meeting, it shall not be used for other purposes.

Twenty-seventh prophase realty service contract from the date of entry into force to the date of delivery of the house for sale, and the realty service fee incurred in that month shall be borne by the construction unit.

The property service fee from the month following the delivery date of the house for sale to the month following the termination of the preliminary property service contract shall be borne by the property buyer according to the standard of the preliminary property service fee stipulated in the property sales contract; Property sales contract is not agreed, shall be borne by the construction unit.

Chapter IV Property Management Services

Twenty-eighth property management enterprises shall, within thirty days from the date of receiving the business license, apply to the municipal property management administrative department for qualification with the required documents. The administrative department in charge of property management shall establish the credit files of property management enterprises and publicize them to the public.

Twenty-ninth a property management area by a property management enterprise to implement property services. The hiring, renewal and dismissal of property management enterprises shall be decided by the owners' committee.

The draft property service contract shall be publicized in the property management area, and the opinions of the owners shall be fully listened to.

Thirtieth property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. The realty service contract may stipulate the following matters: (1) domestic garbage collection and environmental cleaning; (two) the maintenance of public order and safety inspection in the property management area; (three) to manage the order of vehicle driving and parking in the property management area; (four) the maintenance and management of courtyard green space and its facilities; (five) the daily operation and maintenance of the * * * parts and facilities of the property; (six) notify the relevant units to maintain municipal public facilities; (seven) other matters determined by the realty service contract.

Thirty-first property service charges shall be stipulated in the property service contract in accordance with the measures for property service charges formulated by the municipal price department in conjunction with the municipal property management administrative department, and shall be subject to the supervision and inspection of the price department.

If the property management enterprise provides special services according to the requirements of the owners, the service remuneration shall be agreed by both parties.

Thirty-second owners should pay the property service fee on time in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, such agreement shall prevail, but the owner shall bear joint liability.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid in full by the construction unit according to the standard.

Thirty-third property management companies can receive property service fees for no more than three months in advance. However, if the property service contract stipulates that the service shall be provided first and then the fee shall be charged, such agreement shall prevail.

Article 34 If the realty service contract is not renewed upon expiration, and the contract is terminated in advance according to law or agreement, the other party shall be notified two months in advance.

Upon the termination of the realty service contract, the realty management enterprise shall, under the supervision of the district (city) realty management administrative department, return the realty management house and the information specified in Article 24 of this Ordinance to the owners' committee, and the owners' committee shall hand it over to the realty management enterprise newly selected by the owners' congress.

Thirty-fifth relevant law enforcement officers to enter the property management area to perform official duties according to law, the property management enterprise shall not obstruct.

Property management enterprises shall stop illegal acts in planning, public security, fire protection, environmental protection, property decoration, municipal public facilities and greening within the property management area, and report to the relevant administrative departments in a timely manner.

After receiving the report of the property management enterprise, the relevant administrative departments shall promptly handle it according to law.

Thirty-sixth property management administrative departments shall establish a complaint acceptance system, and timely handle the complaints of owners, owners' committees, property users and property management enterprises in property management activities.

Chapter V Use and Maintenance of Property

Thirty-seventh buildings and facilities used in the property management area in accordance with the planning and construction shall not be changed without authorization.

Thirty-eighth parking lots (garages) within the property management area shall be provided to the owners and property users within the property management area.

Thirty-ninth water supply, power supply, gas supply, heating, postal services, 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.

The units listed in the preceding paragraph shall inform the property management enterprise before construction and sign an agreement to do a good job in the restoration of the construction site.

Fortieth owners should abide by the provisions of the state and this Municipality, as well as the temporary owners' convention and the owners' convention when decorating houses.

The owner should inform the property management company in advance when decorating the house. The property management enterprise shall inform the owners of the prohibited acts, matters needing attention and the way of construction waste removal in house decoration, and sign relevant agreements with the owners.

Forty-first special maintenance funds for * * * parts of the property and * * facilities and equipment shall be raised in accordance with the relevant provisions of the state and owned by the owners. It shall be specially used for the maintenance of * * * parts of the property and facilities and equipment after the expiration of the property warranty period and the renovation of large facilities and equipment, and shall not be used for other purposes.

Article 42 When inviting tenders for residential construction projects, the construction unit shall clearly reserve the construction project quality deposit in the tender documents in proportion to 5% of the total settlement amount of the project price, and make an agreement with the construction unit on the relevant matters of the deposit in the terms of the contract. The construction project quality deposit shall be stored in a special account and used exclusively for the property warranty within the warranty period.

After the residential construction project is completed and settled, the construction unit shall pay the project settlement price to the construction unit in time and reserve the deposit in accordance with the contract.

If there are quality problems in the residential property due to the reasons of the construction unit, the construction unit shall be responsible for the maintenance and bear the appraisal and maintenance costs. If the construction unit does not maintain or bear the expenses, the construction unit may pay the relevant expenses from the deposit in accordance with the contract.

After the expiration of the reserved deposit agreed in the contract, the construction unit shall return the deposit to the construction unit.

Forty-third owners decided to use the * * * part of the property, * * premises facilities and equipment for business, it shall go through the relevant formalities in accordance with the provisions. The proceeds should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting.

Chapter VI Legal Liability

Forty-fourth in violation of the provisions of this Ordinance, in accordance with the "Regulations on Property Management" of the State Council, the administrative department of property management shall give administrative punishment.

Forty-fifth in violation of the provisions of this Ordinance, should be punished by the industry and commerce, price, public security, environmental protection, urban management, urban landscape and other departments, the relevant departments shall be given administrative punishment according to law.

Article 46 If a party refuses to accept the administrative punishment decision of an administrative organ, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If a party fails to perform the decision on administrative punishment within the time limit, the administrative organ that made the decision on administrative punishment shall apply to the people's court for compulsory execution according to law.

Forty-seventh illegal acts in the property management area, the relevant administrative departments found or received a report from the property management enterprises, should be stopped and punished, but failed to stop or punish, the administrative organ at a higher level or the supervisory organ shall order it to make corrections; If serious consequences are caused, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 48 The term "property" as mentioned in these Regulations refers to houses, public buildings, ancillary facilities, equipment and related sites that have been completed and delivered for use.

The term "pre-property management" as mentioned in these Regulations refers to the activities of the construction unit to select and employ property management enterprises to implement property management before the owners and owners' congress first select and employ property management enterprises.

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses and their supporting facilities, equipment and related sites by hiring property management enterprises, and to maintain the environmental sanitation and order in the relevant areas.

The term "property management enterprise" as mentioned in these Regulations refers to an enterprise that has obtained the qualification of an independent legal person according to law, has corresponding qualifications and is engaged in property management activities.

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

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

Article 49 These Regulations shall come into force on June 6+1October 6+1October 6, 2006.