Full text of new property law

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC) and the Regulations on Property Management of the State Council, and in combination with the actual situation of this province.

Article 2 These Regulations shall apply to the property management activities carried out by the owners within the administrative area of this province through hiring property service enterprises.

Article 3 Property management shall implement a management system combining independent management by owners with professional services, and follow the principles of openness, fairness, honesty and credit, market competition and management according to law.

Fourth provincial construction administrative departments are responsible for the supervision and management of property management activities in the province.

City (hereinafter referred to as the city) and county (including county-level cities and districts, the same below) real estate administrative departments shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Planning, price, industry and commerce, finance, public security, civil affairs, environmental protection and other relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in property management according to law.

Fifth street offices and Township People's governments shall coordinate the relationship between property management and community construction, and assist the real estate administrative departments to supervise and manage property management activities. The residents' committee shall perform its duties according to law, and support and guide the daily work of the owners' committee.

Sixth to encourage the establishment of property services industry associations according to law. Property service industry associations should strengthen industry guidance and industry self-discipline, standardize industry operation behavior, promote the healthy development of the industry, publish the price quotation of property service charges, and promote property service enterprises to improve service quality and service level.

Chapter II Owners, Owners' Congress and Owners' Committee

Article 7 The owner of a house is the owner.

Owners enjoy the rights and fulfill the obligations stipulated by laws and regulations in property management activities.

Article 8 The property management area shall be determined by the county-level real estate administrative department where the property is located in conjunction with the subdistrict office or the township people's government according to factors such as property facilities, construction scale and community construction. The division of property management areas shall solicit the opinions of residents' committees.

Areas built by stages or developed and built by two or more construction units that use supporting facilities and equipment shall generally be divided into one property management area. However, if this area has naturally formed a number of relatively independent and closed communities, it can be divided into different property management areas.

Ninth owners' congress is an organization that represents and safeguards the legitimate rights and interests of all owners in property management activities. Owners make decisions and manage the interests of all owners through the owners' congress, and the owners' congress and the owners' committee exercise their functions and powers.

Owners in the same property management area shall set up owners' meeting according to law and elect owners' committee.

Article 10 Where an owner intends to set up an owners' meeting, he shall submit a written opinion on the establishment of the owners' meeting to the county-level real estate administrative department or subdistrict office or township people's government where the property is located.

County real estate administrative departments or neighborhood offices, Township People's governments shall, within 30 days from the date of receiving the written opinions of the owners, guide the establishment of the preparatory group for the owners' meeting. The preparatory group is responsible for the preparations for the owners' meeting.

Article 11 The preparatory group of the owners' congress shall, within 30 days from the date of its formation, hold the first meeting of the owners' congress under the guidance of the county-level real estate administrative department or the neighborhood office where the property is located or the township people's government, formulate the rules of procedure and management regulations of the owners' congress, and elect the owners' committee.

Article 12 If there are a large number of owners in the property management area, an owner's representative may be elected to participate in the meeting of the owners' assembly with buildings, units and floors as the unit. 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 3 days before attending the meeting. If voting is required, the specific votes of the owner's consent, opposition and abstention shall be signed by the owner's representative at the owners' meeting.

The owner may entrust an agent to attend the meeting of the owners' congress, and the agent shall hold a written power of attorney from the owner and vote according to the entrusted content. If several people * * * own a property, * * * someone can elect one of them to attend the owners' meeting.

The decisions of the owners' congress or the owners' committee are binding on the owners.

Thirteenth regular meetings of the owners' congress shall be organized by the owners' committee in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% owners in the property management area, or upon the decision of the owners' committee, the owners' committee shall organize an interim meeting of the owners' congress.

Before the owners' meeting is held in residential quarters, the owners' committee shall notify the relevant residents' committee. The residents' committee may send representatives to participate.

If the owners' committee fails to organize a meeting of the owners' congress as required, the county real estate administrative department where the property is located shall order the owners' committee to organize the meeting within a time limit; Fails to convene, the county real estate administrative departments or neighborhood offices, Township People's government to guide the owners to convene.

Article 14 The owners' committee is the executive body of the owners' congress, safeguarding the legitimate rights and interests of the owners according to law and implementing the property management matters decided by the owners' congress.

The owners' committee shall perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of all the owners and the owners of the general assembly selected property services companies to sign property services contracts;

(three) to supervise and assist the realty service enterprise to fulfill the realty service contract, and urge the owners to fulfill the management regulations and pay the realty service fee;

(four) to coordinate the contradictions and disputes between the owners or property users and the property service enterprises;

(five) other duties entrusted by the owners' congress.

The term "user of property" as mentioned in the preceding paragraph refers to the lessee of the property and other non-owners who actually use the property.

Article 15 The owners' committee consists of an odd number of members with more than 5 members and less than 15 members, and the specific number is determined according to the actual situation of the property management area. The term of office of the members of the owners' committee shall be stipulated by the rules of procedure of the owners' congress.

The owners' committee shall hold the first meeting of the owners' committee within 3 days from the date of election, and elect 1 director and 1 to 2 deputy directors, and make an announcement in the property management area.

Members of the owners' committee, their spouses and close relatives shall not serve in the property service enterprises that provide services for the property management area.

Conditional owners' meeting shall elect alternate members of the owners' committee. Alternate members shall attend meetings of the owners' committee as nonvoting delegates and have no voting rights. When the qualification of individual owners' committee members is terminated, the alternate members shall be replaced in turn according to the number of votes obtained upon the decision of the owners' committee and publicized in the property management area.

Article 16 1/3 or more members of the owners' committee propose or the director of the owners' committee thinks it necessary, a meeting of the owners' committee shall be held. The meeting of the owners' committee shall be held at least once a year.

When a meeting of the owners' committee is held, more than half of the members shall attend. The decision of the owners' committee shall be adopted by more than half of all members.

The decision of the owners' committee shall be announced within 3 days from the date of making the decision.

Seventeenth owners' meeting and the owners' committee work funds shall be borne by all owners. The specific measures for raising, managing and using funds shall be stipulated by the rules of procedure of the owners' congress, but the realty service enterprise shall not be required to provide them.

The use of the working funds of the owners' congress and the owners' committee shall be published regularly in the property management area, and shall be subject to the supervision and consultation of the owners.

Eighteenth members and alternate members of the owners' committee are no longer the owners in the property management area, and their qualifications are terminated by themselves.

Members and alternate members of the owners' committee are under any of the following circumstances, and the meeting of the owners' committee may decide to terminate their qualifications as members and alternate members:

(a) to resign in writing to the owners' congress or the owners' committee;

(two) due to illness and other reasons to lose the ability to perform their duties;

(three) did not fulfill the obligations of the owners;

(4) Failing to attend the meeting of the owners' committee for three consecutive times without justifiable reasons;

(five) other circumstances that are not suitable for continuing to serve as members or alternate members of the owners' committee.

Where the membership of the owners' committee is terminated, the relevant financial vouchers, files and other documents, seals and other property belonging to all owners shall be returned to the owners' committee within 3 days from the date of termination.

Chapter III Early Property Management

Article 19 Before the owners and the owners' general meeting hire a realty service enterprise, the construction unit shall hire a realty service enterprise to implement prophase realty management, sign a written prophase realty service contract, and report it to the county-level real estate administrative department where the property is located for the record within 30 days.

The prophase realty service contract shall include the following main contents:

(1) Basic information of both parties to the contract;

(two) the basic situation of the property;

(3) Property services and service standards;

(four) the standard and collection method of property service fees;

(five) the rights and obligations of the construction unit, the owners and the realty service enterprise;

(six) the acceptance of the property;

(7) Liability for breach of contract;

(8) Dispute handling methods.

Property service standards shall be implemented with reference to the relevant national property management service level standards.

Twentieth preliminary property services shall include the following main contents:

(a) the daily maintenance and management of * * * parts of the property and * * * facilities and equipment;

(two) public security, environmental sanitation, greening, public order and vehicle parking management in the property management area;

(3) Property decoration management;

(4) Property file management.

Owners have the right to refuse to accept paid property services not agreed in the previous property service contract.

Twenty-first residential property construction units, should choose a property service enterprise with corresponding qualifications through bidding; If there are fewer than three bidders or the residential scale is relatively small, with the approval of the county-level real estate administrative department where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement.

The residential scale standard stipulated in the preceding paragraph shall be stipulated by the Municipal People's Government.

Twenty-second construction units shall, in accordance with the relevant provisions of the state, organize property completion acceptance. Construction administrative departments and other relevant administrative departments shall supervise the quality of the project and the completeness of supporting facilities.

When the realty service enterprise undertakes the realty, the construction unit shall hand over the realty management information to the realty service enterprise according to law, and both parties shall make inspection records. The realty service enterprise finds that the property information and supporting facilities are incomplete, and the parts and facilities used by the property have quality and functional problems, it shall report to the county-level real estate administrative department or other relevant administrative departments where the property is located, and inform the construction unit in writing. After receiving the written report, the construction unit shall immediately carry out rectification; If it cannot be rectified immediately, a rectification plan shall be formulated.

The property management information transferred by the construction unit to the property service enterprise according to law shall be filed with the local county-level real estate administrative department within 3 days from the date of transfer.

Article 23 The construction unit shall allocate property management houses according to the construction area of not less than 3‰ of the total construction area of the construction project, and the minimum construction area standard for property management houses shall be stipulated by the provincial construction administrative department.

The property management house provided by the construction unit should be a house that can be used independently on the ground, with basic functions such as water, electricity and heating. The office space of the owners' committee is transferred from the property management space.

The planning administrative department shall review the location and area of the property management house when issuing the construction project planning permit. The real estate administrative department shall verify and indicate the property management space when issuing the pre-sale permit and handling the initial registration of house ownership.

The ownership of property management houses belongs to all owners according to law. Without the consent of the owners' meeting, no unit or individual may change the use of property management houses.

Twenty-fourth construction units shall, in accordance with the warranty scope and warranty period stipulated by the state, undertake the warranty responsibility of the property. The realty service enterprise shall promptly notify the construction unit of the housing quality problems within the warranty scope and warranty period. The construction unit shall immediately notify the construction unit to check the situation at the scene and guarantee it. If the construction unit cannot notify the construction unit or the construction unit not to carry out the warranty in accordance with the terms of the project quality warranty, the construction unit shall entrust other units to carry out the warranty separately.

If the construction unit fails to perform the warranty obligation or delays the performance of the warranty obligation, the realty service enterprise may report to the construction administrative department, which shall supervise it according to law.

Property maintenance beyond the warranty period or beyond the warranty period shall be undertaken by the property service enterprise in accordance with the provisions of the property service contract.

Chapter IV Property Management Services

Twenty-fifth property service enterprises shall obtain qualification certificates in accordance with the relevant provisions of the state. A realty service enterprise shall undertake realty service business within the scope of its qualification grade.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the State, such as the Measures for the Implementation of Qualification Examination for Property Management Practitioners and the Measures for the Administration of Post Certificates for National Property Management Practitioners.

Article 26 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.

The realty service contract shall stipulate the following main contents:

(a) property services, content and service standards;

(two) the standard, charging method and charging method of the property service fee;

(3) Rights and obligations of both parties;

(4) Liability for breach of contract;

(5) Term of the contract;

(6) Contract disputes and dispute resolution methods.

Property services generally include: maintenance of * * * used parts and facilities, maintenance of public order, cleaning services, greening maintenance management, vehicle parking management, etc. Specific projects and service standards shall be agreed in the contract between the owners' committee and the realty service enterprise.

Twenty-seventh parties to a realty service contract shall sign a realty service contract with reference to the model text of the realty service contract formulated by the relevant administrative departments of the province.

The realty service enterprise shall, within 5 days from the date of signing the realty service contract, submit a copy of the realty service contract to the local county-level real estate administrative department for the record.

Article 28 A realty service enterprise shall, in accordance with the stipulations of the realty service contract, manage the realty and its environment and order, and provide corresponding services.

Article 29 A realty service enterprise shall promptly inform all the owners of major matters related to realty service within the realty management area, promptly handle the complaints of the owners about realty service, and accept the supervision of the owners, owners' assembly and owners' committee on the performance of realty service contracts.

Thirtieth property management area * * * parts, * * facilities and equipment have potential safety hazards, the realty service enterprise shall set up warning signs, formulate and take specific preventive measures, and report to the owners' committee and relevant administrative departments.

Article 31 A realty service enterprise shall accept the safety precaution guidance of relevant departments, establish safety precaution management systems and measures, improve the safety precaution awareness and ability of realty service enterprises and their employees, and assist in the safety precaution work within the realty management area. When public security cases or various safety accidents occur in the property management area, corresponding measures shall be taken, and timely report to the public security or relevant administrative departments to assist in rescue and investigation. The realty service enterprise shall cooperate with the residents' committee to do a good job in community management.

Thirty-second property services companies should properly keep the relevant information of the property, to ensure the integrity of the housing and facilities and equipment files.

Thirty-third before the expiration of the realty service contract, the realty service enterprise and the owners' committee shall not unilaterally terminate the contract in advance without justifiable reasons. If one of the parties requests to terminate the property service contract in advance according to the law or the contract, it shall inform the other party and the county real estate administrative department where the property is located in advance in writing.

Two months before the expiration of the realty service contract, the owners' committee shall convene a meeting of the owners' congress to discuss and decide on the selection of realty service enterprises. If the owners' congress decides to continue employment, it shall sign a new property service contract with the property service enterprise according to law; No longer continue to employ, should be re employed in accordance with the law of new property services companies.

Article 34 If the realty service contract is not renewed upon expiration, and the realty service contract is terminated in advance according to law or according to the contract, the original realty service enterprise shall withdraw from the realty management area within 10 days from the date of termination of the contract. Before withdrawing from the property management area, it shall, in accordance with the provisions of the State Council's "Regulations on Property Management", hand over the materials needed for property management, the property service fee received in advance, its income and expenditure accounts and the property management space to the owners' committee or the newly hired property service enterprise.

When the realty service contract is terminated, the owners' committee and the original realty service enterprise shall set up a transfer team to handle the transfer of creditor's rights and debts and property management information and other related matters. The original realty service enterprise shall not refuse to transfer or withdraw on the grounds that the creditor's rights and debts are not settled.

Thirty-fifth property management to implement paid services. Property service charges shall be determined in accordance with the principles of reasonableness, openness and adaptability between fees and service levels.

Residential property service charges, the implementation of government guidance; Non-residential property service charges are subject to market-regulated prices.

Article 36 Where government-guided prices are applied to property service charges, the municipal and county price departments shall, jointly with the real estate administrative departments at the same level, formulate the benchmark price and its floating range corresponding to the property service level standards within their respective administrative areas according to factors such as the property service level standards, and publish them regularly. The specific charging standard is agreed by the owner and the realty service enterprise in the realty service contract according to the specified benchmark price and floating range.

If the property service charges are regulated by the market, the owners and the property service enterprises shall independently negotiate to determine the charging standards.

Thirty-seventh price departments and real estate administrative departments shall, when formulating government-guided prices, conduct price and cost surveys and listen to the opinions of owners, property service enterprises and relevant parties.

The price level of government-guided prices shall be adjusted in a timely manner according to the economic development of the administrative region and the prescribed pricing authority and procedures.

The competent price department shall, jointly with the real estate administrative department, supervise the service content and service standards, charging items and charging standards of the property service enterprises.

Article 38 The realty service enterprise shall clearly mark the price according to the provisions of the competent pricing department, and publicize the service contents, service standards, charging items, charging methods, charging basis and charging standards and other related matters in a prominent position within the realty management area.

Thirty-ninth owners and property services companies can agree on property service fees in the form of contract system or gratuity system.

The contract responsibility system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit or loss is enjoyed or borne by the property service enterprise.

The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

Fortieth 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, the owner shall bear joint and several liability from the agreement.

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

In violation of the property service contract, the owners fail to pay the property service fee on time, and the owners' committee shall urge them to pay it 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.

Article 41 Where an owner rents a property, he shall make an agreement on the payment of the property service fee in the property lease contract, and inform the owners' committee and the property service enterprise in writing of the agreed matters such as the property lessee, the lease term and the payment of the property service fee within 10 days after the contract is signed.

When the property right is transferred, the owner shall settle and pay the property service fee, or both parties to the property right transaction may make a clear agreement on the settlement and payment of the property service fee. If the owner and the property user agree that the property user shall pay the property service fee, the property user shall settle and pay the property service fee, and the owner shall bear joint liability.

Article 42 If the owners, owners' committees, property users and property service enterprises have conflicts and disputes in property management activities, they can report to the neighborhood offices, township people's governments or residents' committees where the property is located, and the neighborhood offices, township people's governments or residents' committees shall conduct mediation in time.

The real estate administrative departments at or above the county level shall establish a property complaint system, and the complaints of owners, owners' committees, property users and property service enterprises in property management activities shall be investigated and handled in a timely manner according to law, and the results of investigation or handling shall be promptly replied to the complainant; Belonging to the responsibilities of other administrative departments, the real estate administrative department shall promptly hand over to the relevant administrative departments for handling, and inform the complainant.

Chapter V Use and Maintenance of Property

Forty-third in the property management area shall not have the following acts:

(a) unauthorized removal of the load-bearing structure of the house;

(two) occupation, damage to public venues, accessories, facilities and equipment;

(three) unauthorized changes in the use of property planning;

(4) Raising poultry and pets in violation of regulations;

(five) in violation of the provisions of stalls, jeeves;

(six) dumping garbage, sewage and throwing debris in violation of regulations;

(seven) illegal construction, graffiti or hanging and posting promotional materials on buildings and structures in violation of regulations;

(eight) stacking flammable, explosive, toxic or radioactive substances, and discharging toxic and harmful substances or noise exceeding the prescribed standards;

(nine) engage in business activities that hinder the normal life of the owners in violation of regulations;

(ten) other acts prohibited by laws, regulations, rules and management regulations.

One of the acts listed in the preceding paragraph, the realty service enterprise shall promptly dissuade, stop and urge to correct; Refuses to correct, it shall promptly report to the relevant administrative departments. After receiving the report, the relevant administrative departments shall stop the illegal act or deal with it according to law.

Forty-fourth vehicles in the property management area * * * site or occupy the owner's * * * road parking, charging, management and use and other matters, decided by the owners' meeting.

Parking vehicles in the property management area shall not occupy fire exits, which will affect the normal traffic of other vehicles and pedestrians.

Article 45 The owners of residential properties, non-residential properties in residential areas or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations.

The deposit, use, supervision and management of special maintenance funds shall be implemented in accordance with relevant state regulations.

Chapter VI Legal Liability

Forty-sixth in violation of the provisions of this Ordinance, after the termination of the membership of the owners' committee, the relevant financial vouchers, files and other documents, seals and other property belonging to all owners are not handed over on schedule, and the real estate administrative departments at or above the county level shall order them to make corrections within a time limit; If property is damaged or lost, the relevant responsible person shall be liable for compensation according to law.

Forty-seventh property service enterprises in violation of the provisions of this Ordinance, beyond the level of qualification to undertake property services, the real estate administrative departments at or above the county level shall confiscate the illegal income and impose a fine of 50 thousand yuan to 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Forty-eighth in violation of the provisions of this Ordinance, the construction unit fails to fulfill its warranty obligations or delays in fulfilling its warranty obligations, and the construction administrative department shall order it to make corrections; If no correction is made within the time limit, the construction unit shall be notified, and the construction unit shall be liable for the losses caused by quality defects during the warranty period.

Forty-ninth real estate administrative departments or other relevant administrative departments in the process of supervision and management of property management activities, one of the following circumstances, which does not constitute a crime, shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) taking advantage of his position to accept other people's property or other benefits;

(2) Failing to perform the duties of supervision and management according to law;

(three) found illegal acts will not be investigated;

(four) there are other acts of abuse of power, favoritism, dereliction of duty.

Fiftieth other acts in violation of the provisions of this Ordinance, the State Council "Property Management Regulations" and other relevant laws and regulations have been punished, from its provisions.

Chapter VII Supplementary Provisions

Article 51 These Regulations shall come into force as of February 6, 2009. On June 27th, 2000, the 13th meeting of the Standing Committee of the Ninth People's Congress of Liaoning Province adopted the Regulations on Property Management of Urban Residential Areas in Liaoning Province, which shall be abolished at the same time.

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