Detailed rules for the implementation of Jiaxing property management regulations

Detailed rules for the implementation of Jiaxing property management regulations

The detailed rules for the implementation of Jiaxing urban property management have been adopted at the second executive meeting of the six municipal governments and are hereby issued to you, please earnestly organize the implementation.

Jiaxing Municipal People's Government

Press release issued on July 17, 2007

Detailed Rules for the Implementation of Jiaxing Urban Property Management

Chapter I General Principles

Article 1 In order to further standardize property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Detailed Rules are formulated in accordance with laws and regulations such as the Regulations on Property Management of the State Council and the Regulations on Property Management of Zhejiang Province, combined with the actual situation of Jiaxing City.

Article 2 These Provisions shall apply to the property management, use, supervision and management within the urban area of Jiaxing.

Article 3 The term "property management" as mentioned in these Detailed Rules refers to the activities of the owners and property service enterprises to maintain, conserve and manage the houses and their supporting facilities, equipment and related sites in accordance with the stipulations of the property service contract by hiring the property service enterprises, so as to maintain the environmental sanitation and order in the relevant areas.

Fourth city planning and construction administrative department (hereinafter referred to as the property management department) is responsible for the supervision and management of Jiaxing urban property management.

The administrative departments in charge of planning and construction in Nanhu District and Xiuzhou District (hereinafter referred to as territorial property departments) shall, according to their respective responsibilities, do a good job in the supervision and management of property management within their respective administrative areas. The supervision and management of property management within the jurisdiction of Jiaxing Economic Development Zone shall be implemented by the Economic Development Zone Branch of the Municipal Planning and Construction Bureau.

Sub-district offices or Township People's governments are responsible for coordinating the relationship between property management and community construction, and assisting the property authorities in guiding and supervising property management.

Chapter II Owners, Owners' Congress and Owners' Committee

Fifth owners in the property management activities, enjoy the rights stipulated in the "Regulations on Property Management" of the State Council and "Regulations on Property Management of Zhejiang Province", and shall perform the corresponding obligations.

Article 6 All owners in the property management area form the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners related to property management, and performs the duties stipulated in the Regulations of the State Council Municipality on Urban Property Management and the Regulations of Zhejiang Province on Property Management.

If the number of owners in the property management area is small and all owners agree unanimously, the owners' meeting may not be established, and the owners * * * shall perform the duties of the owners' meeting and the owners' committee.

Seventh a property management area to set up an owners' meeting.

The property management area shall be divided by the local property administrative department in conjunction with the sub-district office or the Township People's Government according to the facilities and equipment configuration, building scale, community construction and other factors of the property. The division of property management areas shall solicit the opinions of residents' committees.

Newly built residential areas with the same supporting facilities and equipment, including residential areas built by stages or developed by more than two units, shall be divided into one property management area.

If the newly developed houses within the planning scope of the old city are adjacent to the original houses in the surrounding residential areas, they can be merged into a property management area with the consent of the relevant owners.

Article 8 If the property management area meets one of the following conditions, the development and construction unit or the prophase property management enterprise or more than 20% of the owners shall apply to the subdistrict office or the township people's government, and the subdistrict office or the township people's government shall take the lead in setting up the preparatory group for the owners' meeting and hold the first owners' meeting, and the local property administrative department shall give guidance:

(1) The construction area of the house for sale reaches more than 60% of the total construction area of the property;

(2) The first house has been sold and delivered for two years, and the building area of the house sold and delivered for use has reached more than 30% of the total building area of the property.

Article 9 The preparatory group for the owners' congress (hereinafter referred to as the preparatory group) consists of representatives elected by the owners and representatives of the construction unit and the residents' committee. The specific measures for the generation of representatives are:

(a) by the realty service enterprise (no realty service enterprise by the neighborhood offices or Township People's governments, residents' committees) in the property area to consult the opinions of the owners, and organize the hiring of 0 to 5 owners' representatives;

(2) 65438+ 0 to 2 local residents' committee staff, designated by the neighborhood office or the Township People's Government where the property is located (if the residents' committee has not been established, the neighborhood office or the Township People's Government shall elect representatives in their units);

(3) 1 2 representatives shall be elected by the construction unit.

The preparatory group determines the convener, takes the lead in formulating the rules of the preparatory group, and makes corresponding preparations. If the preparatory group is unable to determine the convener, it shall be directly designated by the sub-district office or the Township People's Government in conjunction with the local property authorities among the representatives of the owners and the representatives of the construction unit or the residents' committee.

The list of members of the preparatory group shall be published in writing within the property management area within 3 days from the date of establishment.

The work of the preparatory group shall comply with the relevant provisions of the Notice of the Ministry of Construction on Printing and Distributing the Rules of Procedure of the Owners' Congress (J&F [2003] 13 1No.).

The preparatory group shall notify all owners of the meeting time, place, topics and agenda 0.5 days before the first owners' meeting, and inform the local property authorities, neighborhood offices or township people's governments and residents' committees in writing. The unit receiving the notice shall send representatives to attend the meeting and give necessary guidance.

The preparatory funds for the first owners' meeting shall be borne by the construction unit. The construction unit shall prepay the preparatory fund to the subdistrict office or the township people's government at one time before the comprehensive acceptance of the property completion is put on record, and the subdistrict office or the township people's government shall collect and escrow it. The use of reserve funds should be frugal and reasonable, and the principle of more refunds and less subsidies should be implemented. The specific advance payment standards are 30,000 yuan for properties below 50,000 square meters (including 50,000 square meters), 40,000 yuan for properties from 50,000 square meters to 6,543,800 square meters (including 6,543,800 square meters) and 50,000 yuan for properties above 6,543,800 square meters.

Tenth owners' meeting can be in the form of collective discussion, but also in the form of written comments, but it should be attended by owners who hold more than half of the voting rights in the property management area.

Owners can elect their representatives by building, unit or floor. If the owner is unable to attend the meeting of the owners' general assembly for some reason and needs to be represented by the owner's representative to express his wishes, he shall submit written opinions to the owner's representative before the meeting of the owners' general assembly, which will be forwarded by the owner's representative. If a vote is required, the owner's opinions of approval, opposition and abstention shall be signed by the owner himself.

If the owner or the owner's representative is unable to attend the meeting of the owners' congress for some reason, he may entrust an agent to attend the meeting of the owners' congress in writing.

When the owners' meeting is held, the time, place, topics and agenda of the meeting shall be informed in writing before 15.

Article 11 The number of owners' voting rights at the first owners' meeting shall be determined according to the principle of each property certificate 1 ticket, and the part with a construction area exceeding 200 square meters shall be counted as 1 ticket. However, the number of votes counted by a single owner shall not exceed 30% of the total votes of all owners in the property management area.

The voting right shall be calculated in accordance with the provisions of the preceding paragraph for the property that the construction unit has not sold or has sold but not delivered.

After the first meeting of the owners' congress, the number of voting rights of the owners at the meeting of the owners' congress shall be calculated according to the method for determining the number of voting rights agreed in the rules of procedure of the owners' congress; If there is no agreement in the rules of procedure of the owners' congress, it shall be calculated in accordance with the provisions of the first paragraph of this article.

Twelfth decisions made by the owners' congress must be approved by the owners who hold more than half of the voting rights.

The owners' congress shall formulate and amend the owners' convention and the rules of procedure of the owners' congress, select and dismiss property service enterprises, and decide on the use and renewal scheme of special maintenance funds, which must be approved by more than two-thirds of the voting rights held by all owners in the property management area. Whether the voting rights of owners who fail to vote within the time limit are included in more than half of the votes cast shall be stipulated by the rules of procedure of the owners' congress. However, the number of votes cast shall reach more than half of the voting rights held by all owners in the property management area.

Decisions made by the owners' congress within the scope of their duties are binding on all owners in the property management area.

Thirteenth owners' meeting is divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress.

If more than 20% of the owners in the property management area propose or meet the conditions stipulated in the rules of procedure of the owners' congress, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14 The owners' committee shall be elected by the meeting of the owners' congress. Members of the owners' committee shall meet the conditions stipulated in the Regulations of the State Council Municipality on Urban Property Management.

The owners' committee is the executive body of the owners' congress, and performs the duties stipulated in the Regulations on Property Management of the State Council according to law.

Fifteenth owners' committee within 30 days from the date of election, with the following documents to the local real estate authorities for the record:

(a) the minutes and decisions of the owners' meeting;

(two) the rules of procedure of the owners' congress;

(3) Owners' convention;

(4) List of members of the owners' committee.

(5) Voting records of the owners' meeting.

The local property administrative department shall issue the record certificate of the owners' congress and the owners' committee and the seal certificate to the owners' committee elected according to law. The owners' committee shall engrave and use seals according to law.

If the contents of the record of the owners' committee change, it shall be re-filed.

Article 16 The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director.

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

Matters that need to be discussed and decided by the owners' committee shall be announced in the property management area 3 days before the meeting, and listen to the suggestions and opinions of the owners and non-owners.

Article 17 The term of office of the owners' committee is 3 to 5 years.

Two months before the expiration of the term of office of the owners' committee, a meeting of the owners' assembly shall be held to re-elect the owners' committee. If the term of office of the owners' committee has not been re-elected, the local property authorities, sub-district offices or township people's governments and residents' committees shall guide the owners to convene a meeting of the owners' general assembly for re-election.

If a new owners' committee is elected at the meeting of the owners' congress, the original owners' committee shall hand over the property belonging to all owners, such as relevant financial vouchers, files and other documents and seals, to the new owners' committee within 10 days after the expiration of its term of office.

Eighteenth owners' committee in the property management activities, in order to safeguard the interests of the owners in the property management area, the owners' congress decided to bring a lawsuit in its own name according to law.

Article 19 If the owners' committee and its members fail to perform their duties according to law or their actions harm the interests of all owners, the owners in the property management area may propose to convene an interim meeting of the owners' assembly in accordance with the provisions of the second paragraph of Article 13 of these Rules. If the owners' committee fails to organize an interim meeting of the owners' congress as required, the local property authorities, sub-district offices or township people's governments and residents' committees shall guide the owners to convene.

The temporary meeting of the owners' congress has the right to ask questions according to the rules of procedure of the owners' congress, revoke the decision made by the owners' committee or re-elect the owners' committee according to law.

Article 20 The owners' convention shall stipulate the use, maintenance and management of the parts and facilities of the property, the management of environmental sanitation and order in the property management area, the maintenance of the appearance of the house, other obligations of the owners and the responsibilities that should be borne in violation of the owners' convention.

The owners' convention shall come into effect as of the date of deliberation and adoption by the owners' congress, and shall be binding on all owners and non-owners.

Twenty-first the rules of procedure of the owners' congress shall stipulate the way of discussion, voting procedures, the method of determining the number of owners' voting rights, the qualifications and number of members of the owners' committee, and the term of office.

Chapter III Early Property Management

Twenty-second construction units should be in the pre-sale permit of commercial housing before hiring property services companies, property management in the early stage.

Advocate the construction unit to select property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select the realty service enterprise through bidding. However, if there are less than three bidders or the construction area of the property management area is less than 20,000 square meters, the construction unit may hire a property service enterprise by agreement with the consent of the local property authorities.

Twenty-third construction units shall formulate a temporary convention for owners before the property sales, as an annex to the property sales contract.

The temporary owners' convention shall stipulate the use, maintenance and management of the * * parts and facilities of the property, the management of environmental sanitation and order in the property management area, the maintenance of the appearance of the house, other obligations of the owners and the responsibilities that should be borne in violation of the owners' convention, but it shall not infringe upon the legitimate rights and interests of the property buyers.

When the construction unit sells the property, it shall express the temporary convention of the owners to the property buyer and have the obligation to explain it.

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.

Article 24 The property sales contract signed by the construction unit and the property buyer shall include the main contents of the previous property service contract.

Article 25 If the term of the preliminary realty service contract has not expired, but the owners' meeting selects a realty service enterprise in accordance with the provisions, the preliminary realty service contract shall be terminated from the effective date of the realty service contract signed by the owners' committee and the realty service enterprise.

Twenty-sixth property without completion acceptance or unqualified completion acceptance, shall not be delivered for use.

When the realty service enterprise receives the property, it shall check the * * * used parts, * * used facilities and related sites of the property, and make corresponding records. If it is found that it is inconsistent with the completion acceptance data or has quality problems, it shall report to the local property administrative department or other relevant administrative departments.

Twenty-seventh in the property transfer procedures, the construction unit shall hand over the following information to the property service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion diagram, sub-building layered diagram, Xing Tao diagram, the completion of roads, underground garages, underground pipe network projects in the property area and other completion acceptance data;

(2) * * * list of facilities and equipment;

(3) Technical data such as installation, use and maintenance of facilities and equipment, and inspection records of relevant places;

(four) property quality warranty and property use documents;

(5) List of owners;

(six) other information required by the property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the above-mentioned received data to the owners' committee.

Within 30 days after the completion of the property handover, the property service enterprise shall submit the inspection records, data handover list, property management house handover and other materials of * * * parts, public facilities and equipment and related venues to the local property authorities for safekeeping, and the written materials and summary table shall be signed and sealed by both parties.

Twenty-eighth construction units should be in accordance with the total construction area of 7? Distribution ratio of real estate management; However, all properties in the property management area are non-residential, and the allocation ratio of property management houses is 3% of the total construction area on the ground stipulated in the Property Construction Project Planning Permit. .

The realty service enterprise shall reserve special office space for the community owners' committee in the property management office space, and its basic office equipment shall be charged by the territorial subdistrict office or the Township People's Government from the preparatory funds paid by the construction unit for the first owners' meeting.

When the planning department approves the new property planning and design scheme, it shall solicit the opinions of the local property authorities on the setting of property management houses, and the construction unit shall specify the area and location of the property management houses in the design scheme.

After examination and approval in accordance with the law, if the measured above-ground construction area exceeds the above-ground construction area specified in the construction project planning permit after the completion and acceptance of the property, the construction unit shall, in accordance with the proportion specified in the first paragraph of this article, supplement the allocation of property management space for the excess part; If it is really impossible to make up the share, the corresponding price of the insufficient part shall be paid according to the average sales price of the property within the property management area, and shall be included in the special maintenance fund or used for other needs in property management according to the decision of the owners' meeting.

Twenty-ninth property management houses belong to all owners according to law. Without the consent of the owners' meeting, its use shall not be changed. Property management houses shall be registered and put on record by the property management department.

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