Interpretation of the main contents of property management regulations

The Property Management Regulations are revised according to the Decision of the State Council on Amending the Property Management Regulations, in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve people's living and working environment. The State Council was promulgated on August 26th, 2007, and will come into force as of June 65438+1October 65438+1October 2007. ***7 chapters and 70 articles. The following is your interpretation of the main contents of the Property Management Regulations. Welcome to read the reference!

1. Why should the Property Management Regulations (hereinafter referred to as the Regulations) be formulated?

Answer: In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people (Article 1).

2. What is property management?

A: The term "property management" as mentioned in the Regulations refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas (Article 2).

3. What are the rights and obligations of the owners in property management activities?

Answer: In view of the unclear rights and obligations of the owners in practice, the regulations stipulate that the owners shall enjoy 10 rights in property management activities:

(1) Accept the services provided by the property management enterprise according to the stipulations of the property service contract;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(8) Have the right to know and supervise the use of * * * parts, * * facilities and related sites of the property;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;

(10) Other rights stipulated by laws and regulations.

At the same time, it is stipulated that owners must fulfill six obligations in property management activities:

(1) Abide by the owners' convention and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(5) Pay the property service fee on time;

(6) Other obligations stipulated by laws and regulations (Article 6).

4. How to set up the owners' meeting, and under what circumstances can the owners' meeting not be set up?

Answer: The owners in the same property management area should set up the owners' meeting under the guidance of the real estate administrative department of the district or county people's government where the property is located.

If there is only one owner, or the number of owners is small and agreed by all owners, the owners' meeting may not be established. If it is decided not to set up the owners' meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee (Article 10).

5. How to determine the voting rights of the owners at the owners' meeting?

A: The determination of the voting rights of the owners at the owners' meeting shall be carried out in accordance with the rules of procedure of the owners' meeting. However, when the first owners' meeting was held, as the rules of procedure for the owners' meeting were not formulated, the Regulations stipulated that the voting rights of the owners at the first owners' meeting were determined according to factors such as the building area of the property owned by the owners and the number of apartments, and the specific measures were formulated by provinces, autonomous regions and municipalities directly under the Central Government (Articles 10 and 18).

6. What form can the owners' meeting be held? How to make a decision?

A: The owners' meeting can be held in the form of collective discussion or written comments. The owner may entrust an agent to attend the meeting of the owners' congress. However, no matter how the meeting is held, there should be owners who hold more than 1/2 voting rights in the property management area (Article 12).

When a meeting of the owners' assembly is held, all owners shall be informed 15 days before the meeting, and the relevant residents' committees shall also be informed of the meeting of the owners' assembly of residential quarters (Article 14).

The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention, the rules of procedure of the owners' congress, the selection and dismissal of property management enterprises, and the use and renewal scheme of special maintenance funds must be adopted by more than two-thirds of the voting rights held by all owners in the property management area (Article 12).

7. How did the owners' committee come into being, and what is its relationship with the owners' congress? What are the requirements for becoming a member of the owners' committee?

A: When the owners' congress is established, the owners' committee shall be elected. The owners' committee is the executive body of the owners' congress. The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located (Articles 10, 15 and 16).

Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability (Article 16).

8. What is the relationship between the owners' meeting, the owners' committee and the residents' committee?

A: The owners' assembly and the owners' committee should cooperate with the public security organs and the residents' committees to do a good job in maintaining social order in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall be informed to the relevant residents' committees and their suggestions shall be listened to (Article 20).

9. What responsibilities does the construction unit undertake in the early property management activities?

A: Before selling the property, the construction unit should formulate a temporary convention for the owners, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the convention. The temporary owners' convention formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer, and shall be clearly stated to the property buyer before the property is sold, and shall be explained (Articles 22 and 23).

The construction unit of residential property shall select a property management enterprise with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise with corresponding qualifications may be selected by agreement (Article 24).

The construction unit shall not dispose of the ownership or use right of the * * * parts of the property and the * * * facilities and equipment legally enjoyed by the owners without authorization (Article 27); The construction unit shall, when handling the property acceptance formalities, hand over the data such as the completed general plan to the property management enterprise (Article 29); In accordance with the provisions of the allocation of necessary property management space in the property management area (thirtieth); Should be in accordance with the provisions of the state warranty period and scope, undertake the responsibility of property warranty (Article 3 1).

10. What are the requirements of the Regulations for the prophase realty service contract?

Answer: The prophase realty service contract shall be concluded in written form (Article 21).

The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract (Article 25).

The prophase realty service contract may stipulate the time limit. However, the prophase realty service contract is a contract with termination conditions. If the realty service contract signed by the owners' committee and the realty management enterprise comes into effect before the agreed time limit expires, the prophase realty service contract shall be terminated (Article 26).

1 1. How to sign a property service contract, and what are the main contents of the property service contract?

After the owners' meeting makes a decision on hiring a property management enterprise, the owners' committee shall conclude a written property service contract with the property management enterprise. A property service contract shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. (Article 35).

12. Who owns the property management house and how to use it?

Answer: The ownership of the property management house belongs to the owner according to law. The use of property management houses by property management enterprises shall be based on the agreement in the property service contract. Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house. When the realty service contract is terminated, the realty management enterprise shall return the realty management house to the owners' committee (Articles 38 and 39).

13. Can the property management enterprise transfer the obtained property management services to other property management enterprises?

Answer: A property management company cannot entrust all the property management business in the property management area to other property management companies. However, in order to improve the professional level of property management, property management enterprises may entrust the special service business within the property management area to professional service enterprises (Article 40).

14. How to determine the property service fee? Who will pay the property service fee? What legal responsibility does the person who does not pay the property management fee bear?

Answer: Property service charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property management companies shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract (Article 41).

The owner shall pay the property service fee 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 (Article 42).

Owners in violation of the property service contract, overdue payment of property service fees, the owners' committee shall urge them to pay within a time limit; If the payment is not made within the time limit, the property management enterprise may bring a lawsuit to the people's court (Article 67).

15. What are the regulations for the collection of water, electricity, gas and heat?

A: Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units should charge relevant fees to the end users. Property management companies that accept the fees entrusted by the relevant units shall not charge the owners any additional fees (Article 45).

16. What responsibilities should the property management enterprise bear in case of a safety accident in the property management area? What are the requirements for security personnel of property management enterprises?

A: Property management companies should assist in the security work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work (Article 47).

The legal liability of property management enterprises for safety accidents in the property management area shall be determined in accordance with the stipulations of the property service contract. If the owner's personal and property safety is damaged due to his failure to fulfill the stipulations of the property service contract, he shall bear corresponding legal responsibilities according to law (Article 36).

Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens (Article 47).

17. What are the rules for the use and maintenance of the property?

A: The Regulations stipulate four aspects for the use and maintenance of property:

First, owners and property management companies shall not change the use of public buildings and facilities built in accordance with the plan within the property management area.

Second, water supply, power supply, gas supply, heating, communication, cable television and other units shall be responsible for the maintenance and conservation of relevant pipelines and facilities within the property management area according to law (Article 52).

Third, if the owner needs to decorate the house, he should inform the property management enterprise in advance. The property management enterprise shall inform the owners of the prohibited acts and precautions in house decoration (Article 53).

Four, the use of property * * * with parts, * * with facilities and equipment for business, should be with the consent of the relevant owners, owners' congress, property management companies, in accordance with the provisions of the relevant procedures. The owner's income shall be mainly used to supplement the special maintenance funds, and may also be used according to the decision of the owners' congress (Article 55).

18. Which property owners should pay the house maintenance fund? Who owns the special housing maintenance fund and what is its purpose?

Answer: The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations. The special maintenance funds shall be owned by the owner, and shall be used exclusively for the maintenance, renewal and transformation of the parts and facilities of the property after the expiration of the warranty period, and no one may use them for other purposes. The Regulations stipulate strict legal liability for misappropriating special maintenance funds (Articles 54 and 63).