Full text of the detailed rules for the implementation of Sichuan property management regulations

Announcement No.67 of the Standing Committee of the Eleventh People's Congress of Sichuan Province

The Regulations of Sichuan Province on Property Management (No.:SC112511) was adopted by the 29th meeting of the Standing Committee of the 11th People's Congress of Sichuan Province on March 29th, 20th12, and is hereby promulgated.

Sichuan Provincial People's Congress Standing Committee

March 29, 1965 438+02

(adopted at the 29th meeting of the Standing Committee of the 11th Sichuan Provincial People's Congress on March 29th, 20 12)

Chapter I General Provisions

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of all parties involved in property management, improve the living environment and promote social harmony, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management and other laws and regulations, combined with the actual situation in Sichuan Province.

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

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses, supporting facilities, equipment and related sites in the property management area in accordance with the contract or to select property service enterprises and other managers by the owners themselves, and to maintain the environmental sanitation and order in the relevant areas.

The administrative department of housing and urban construction of the third provincial people's government is responsible for the supervision and management of property management activities in the province.

The real estate administrative departments of the people's governments at the city and county levels shall be responsible for the supervision and management of property management activities within their respective administrative areas.

The relevant departments of the local people's governments at or above the county level, such as development and reform, public security, civil affairs, justice, finance, environmental protection, urban and rural planning, health, industry and commerce, quality supervision, etc., shall provide services and supervise property management activities according to their respective functions and duties.

Article 4 Sub-district offices (township and town people's governments) shall organize, guide and coordinate the establishment of the owners' congress and the work of the owners' committee within the property management area under their jurisdiction, and urge the owners' congress and the owners' committee to perform their duties according to law; Coordinate the relationship between community construction and property management, and mediate property management disputes.

The residents' (villagers') committee shall assist the sub-district offices (township and town people's governments) to carry out the related work of property management.

Fifth, establish a joint meeting system of property management to coordinate and deal with related issues between property management and community management.

The joint meeting of property management shall be convened by the neighborhood offices (township and town people's governments) where the property management area is located, with the participation of real estate administrative departments, neighborhood (village) committees, public security police stations, property service enterprises, owners' committees or owners' representatives and professional business units.

Article 6 Local people's governments at or above the county level and relevant departments shall incorporate the property service industry into the development plan of local modern service industry, formulate supporting policies, strengthen industry management, improve the level of specialization and promote the development of the property service industry.

Seventh property service industry organizations should strengthen the self-discipline management of the industry according to law, standardize the behavior of the industry, urge the property service enterprises to operate and serve in good faith, and safeguard the legitimate rights and interests of the property service enterprises.

Chapter II Property Management Areas and Facilities

Article 8 The real estate administrative department of the people's government at the county level shall, according to the application of the construction unit or the owners' committee, delimit the property management area on the basis of the land use scope determined by the land use right certificate, taking into account the building scale, facilities and equipment management and maintenance and community construction. If it affects the use of facilities and equipment with * * * functions such as fire fighting, hedging, gas and elevators, it shall not be divided. The real estate administrative department of the people's government at the county level shall establish regional archives of property management.

Article 9 Before obtaining the pre-sale permit of commercial housing or the sale permit of existing houses, the construction unit shall apply to the real estate administrative department of the people's government at the county level where the project is located for the division of property management areas with the approval or filing documents of real estate development projects, land use right certificates, construction land planning permits, project planning and design plans and other materials. The real estate administrative department shall, within 20 days from the date of accepting the application, divide it according to the provisions of Article 8 of these regulations.

The construction unit shall publicize the designated property management area in a prominent position at the housing sales site in the form of written explanations and attached drawings.

Tenth completed and delivered property, it is really necessary to divide the property management area, by the owners' committee or the owners' representative to the property where the people's government at the county level real estate administrative departments to apply. The real estate administrative department shall, with the cooperation of the neighborhood offices (township and town people's governments) where the property management area is located, solicit the opinions of the owners and neighborhood committees, divide the property with the consent of more than two thirds of the owners in the corresponding area, and make an announcement in the corresponding area.

Eleventh all kinds of property supporting buildings in the property management area shall be planned, designed and built simultaneously in accordance with the mandatory standards and norms for engineering construction. No unit or individual may change the use of supporting buildings without authorization.

Twelfth new residential property, the construction unit shall design and configure the basic functions and conditions of water, electricity, ventilation, lighting and other property services, the owners' committee meeting room.

In property services, the meeting room of the owners' committee is located on the ground at least 50%. Property service rooms are allocated according to two thousandths of the total construction area, and not less than 100 square meter; The room for the deliberation activities of the owners' committee shall be no less than 30 square meters.

The competent department of urban and rural planning administration shall, when issuing the permit for construction project planning, specify the construction area of supporting property service houses in the permit and the attached drawings. The real estate administrative department of the people's government at the county level shall indicate the house number of the property service when issuing the pre-sale permit and handling the initial registration of the house ownership.

The property service room and the meeting room of the owners' committee belong to all owners and are handed over to the property service enterprise and the owners' committee for free use. No organization or individual may change its use without authorization, nor may it be divided, transferred or mortgaged.

Thirteenth new residential property management area should be in accordance with national, industrial and local standards for the allocation of motor vehicles and non-motor vehicle parking garages (spaces).

Fourteenth new residential property management area of water, electricity, gas and other metering devices should be in accordance with the proprietary part of one household, one meter per household, one meter per household, * * part of the independent meter configuration. The configuration of ancillary facilities and equipment such as communication, fire protection, elevator, security, sanitation, postal service, etc. shall conform to relevant technical standards and specifications.

In old residential areas with incomplete supporting facilities, professional business units shall cooperate with local people's governments to take measures to gradually transform and realize household metering and household control of professional business facilities and equipment such as water supply, power supply and gas supply. Owners and property service enterprises shall provide convenience for the transformation work.

Article 15 The household meters for end users such as water supply, power supply and gas supply in the newly-built residential property management area, or the professional operating facilities and related pipelines in front of the entrance of end users shall be designed in a unified way according to the national technical standards and professional technical specifications, and the relevant professional business units shall organize qualified units to install and construct according to law, and the required expenses shall be determined according to the relevant engineering valuation specifications and borne by the construction unit.

After the completion and acceptance, the construction unit shall transfer the ownership of professional operation facilities and equipment and related pipelines within the residential property management area to the professional operation unit that organizes the installation and construction, and the professional operation unit shall accept and bear the responsibility of maintenance, conservation, renewal and management.

Professional facilities and equipment include power transformation and distribution, secondary water supply, gas pressure regulation and other facilities and related pipelines.

Sixteenth water supply, power supply, gas supply and other users of household metering ownership. The residential property management area built before the implementation of these regulations, or the professional operating facilities, equipment and related pipelines before the end user enters the home port, shall be decided by the owners' congress whether to hand them over to the professional business unit free of charge; If it is decided to hand over the property free of charge, the real estate administrative department of the people's government at the county level where the property management area is located shall organize relevant professional business units to conduct acceptance in accordance with national technical standards and professional technical specifications. Qualified, received by professional business units and responsible for maintenance, conservation, renewal and management.

If the acceptance is unqualified, the professional business unit shall put forward a rectification plan in accordance with the national technical standards and professional technical specifications, and hand it over after rectification. During the warranty period of project quality, the rectification cost of residential property shall be borne by the construction unit, and the expenses outside the warranty period shall be borne by all owners.

Chapter III Owners, Owners' Congress and Owners' Committee

Article 17 The owner of a house registered according to law is the owner.

If the house has been legally occupied due to legal relations such as sale, gift and inheritance, but the ownership registration has not been handled according to law, the owner shall enjoy the rights and assume corresponding obligations in property management.

The owner shall not fail to perform his obligations on the grounds of giving up his rights.

Article 18 Tenants, borrowers and other property users shall enjoy corresponding rights and undertake corresponding obligations according to laws, regulations, management regulations, decisions made by the owners' meeting according to law and agreements with the owners.

Nineteenth owners' voting rights at the owners' meeting shall be one person, one vote, and the exclusive part shall be calculated by one person. However, in the first owners' meeting, if the construction unit has not been sold and has been sold but not delivered, or if the same buyer owns more than one exclusive part, it shall be counted as one person.

Twentieth property management area, meet one of the following conditions, you can hold the first owners' meeting:

(a) the area of the exclusive part of the house delivered reaches 50% of the total construction area or the number of houses delivered reaches more than 50% of the total number of units;

(two) the first set of housing has been delivered for two years and the number of deliveries has reached more than 20% of the total number;

(three) the realty service enterprise shall terminate the contract in accordance with the law within the period of the previous realty service contract or 90 days before the expiration of the previous realty service contract.

Only one owners' meeting can be established in the same property management area.

Twenty-first in accordance with the provisions of the first paragraph of Article 20 of these regulations, within 30 days from the date of the conditions, the construction unit shall report in writing to the neighborhood offices (township and town people's governments) where the property management area is located to apply for the establishment of the owners' meeting.

In accordance with the provisions of the first paragraph of Article 20 of this Ordinance, if the construction unit fails to report in writing in time to apply for the establishment of the owners' meeting, the owners who have delivered more than 10% of the exclusive parts in the same property management area may jointly submit a written request for the establishment of the owners' meeting to the neighborhood offices (township and town people's governments) where the property management area is located.

The property right of affordable housing can be established according to the ownership of the house, or the local neighborhood offices (township and town people's governments) are responsible for organizing relevant departments, property users and neighborhood (village) committees to set up management committees to perform the relevant duties of the owners' meeting.

Article 22 Sub-district offices (township and town people's governments) shall, within 15 days from the date of receiving the report, organize the owners to set up a preparatory group for the owners' meeting together with the real estate administrative department of the people's government at the county level where the property management area is located to prepare for the first meeting of the owners' meeting.

The preparatory group consists of owners' representatives, construction units, real estate administrative departments, sub-district offices (township and town people's governments) and residents' (villagers') committees, among which the number of owners' representatives shall not be less than two thirds of the total number. The list of members of the preparatory group shall be published in writing by the sub-district offices (township and town people's governments) within the property management area.

The owners' representatives in the preparatory group are recommended by the sub-district offices (township and town people's governments) or residents' (villagers') committees. The head of the preparatory group is the representative of the sub-district office (township and town people's government).

Article 23 The preparatory group shall perform the following duties:

(a) to determine the time, place, content and form of the first owners' meeting;

(two) to draft the management statute and the draft rules of procedure of the owners' congress;

(three) to confirm the identity of the owner, the number of voting rights of the owner and the area of the exclusive part of the owner;

(four) to formulate the election method of the owners' committee and put forward the list of candidates;

(five) to determine the voting rules for the first meeting of the owners' congress according to law;

(six) other preparations for the first meeting of the owners' congress.

The preparatory group shall organize the first meeting of the owners' congress within 90 days from the date of its establishment. The funds for the preparatory group and the first meeting of the owners' congress shall be borne by the construction unit.

Twenty-fourth owners' congress shall perform the following duties:

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

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) to decide on the way of property management, and to select and dismiss property service enterprises;

(four) to raise and use special maintenance funds, and supervise the implementation;

(five) to formulate and modify some provisions on the management, use and operation of * * *;

(six) other matters decided by the owners' meeting as determined by laws, regulations or rules of procedure.

Twenty-fifth management regulations should cover the use, maintenance and management of the property, the interests of the owners, the rights and obligations that the owners should enjoy, and the responsibilities that they should bear if they violate the management regulations.

When formulating management regulations, we should respect social morality and shall not violate the provisions of laws and regulations or harm the interests of the public.

Management regulations are binding on all owners.

Article 26 The rules of procedure of the owners' congress shall stipulate the discussion mode, voting procedure, term of office, composition and membership conditions, termination of membership and other matters of the owners' committee, and may also stipulate the rules for the establishment of alternate members of the owners' committee and the calculation of voting rights of absent owners.

Twenty-seventh owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and consists of more than five people in an odd number. The term of office is 3 years or 5 years.

The meeting of the owners' committee shall be attended by more than half of the members, and the decision made must be agreed by more than half of all the members.

The decision of the owners' committee shall be announced in a prominent position within the property management area within 3 days from the date of making it.

1 2 3