Chapter I Xi General Rules of Property Management Regulations

The municipal real estate administrative department is the administrative department in charge of property management in this Municipality, and is responsible for the supervision and management of property management activities in this Municipality.

District and county property management administrative departments shall be responsible for the supervision and management of property management activities within their respective administrative areas.

The administrative departments of construction, planning, municipal administration, civil affairs, gardens, public security, prices, industry and commerce shall, within the scope of their respective duties, do a good job in the supervision and management of property management activities. If the new construction project implements property management, the construction unit shall, while applying for the construction project planning permit, apply to the county-level property management administrative department where the property is located for the division of property management areas with the construction project planning and design scheme.

District and county property management administrative departments shall, within 30 days from the date of acceptance, divide the property after soliciting the opinions of the neighborhood offices or township people's governments where the property is located, and inform the construction unit in writing. The division of property management areas should consider the facilities and equipment of the property, the scale of the building, the construction of the community and other factors. The specific division principles are as follows:

(a) the property management area is determined by the scope of the red line map of the property construction parcel;

(two) the main supporting facilities and equipment of the property built by stages or by more than two construction units shall be divided into one property management area;

(3) Where the geographical locations of different property management areas are naturally connected, the owners may merge into one property management area with the consent of their respective construction units before moving in and have made it clear to the buyers, or with the consent of their respective owners' assembly after the owners move in.

If the division of property management areas is controversial, it shall be determined by the property management administrative department in conjunction with the neighborhood offices or township people's governments where the property is located.

Independent property management areas that have actually been formed before the implementation of these regulations will not be re-divided. The construction unit shall, in accordance with the principle of separating real estate development from property management, gradually adopt the bidding method to select property service enterprises with corresponding qualifications to implement preliminary property management.

30 days before the pre-sale of commercial housing, before the pre-seller of commercial housing obtains the Permit for Pre-sale of Commercial Housing, the residential property construction unit shall complete the selection of property service enterprises through bidding; If the number of bidders is less than 3 or the residential scale does not exceed 30,000 square meters, with the approval of the municipal property management administrative department, a property service enterprise with corresponding qualifications can be selected by agreement. The construction unit shall formulate a temporary management statute before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the statute.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers. The construction unit shall, within 05 days from the date of winning the bid, file the preliminary property service contract and temporary management agreement with the property management administrative department for the record. The construction unit shall express and explain the contents of the record to the property buyer in the sales place.

The sales contract signed by the construction unit and the property buyer shall include the contents of the previous property service contract. When signing a sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management statute. When the construction unit hands over the property to the property service enterprise, it shall go through the written handover procedures and hand over the following materials:

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

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

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

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

(5) List of owners;

(six) other information required for property management. In the newly-built property management area, the construction unit shall allocate property management houses in accordance with the following provisions:

(a) the property construction area of less than 300 thousand square meters, according to the property construction area of 3 per thousand levy. Provide, but the minimum shall not be less than 100 square meter;

(two) the property construction area of more than 300 thousand square meters, punishable by a fine of 300 thousand square meters. Outside the supply, the excess is 1‰. Standard clauses;

(three) with basic functions such as water and electricity, and the construction area above the ground is not less than 50% of the construction area of the property management house.

The office space of the owners' committee is transferred from the property management space, with a construction area of not less than 30 square meters.

Property management houses belong to all owners, and property rights are registered according to law. Construction units and property service enterprises shall not change their uses. The owners' committee shall not transfer or use the property management house for other purposes. During the prophase property management, under any of the following circumstances, the construction unit shall re-employ the realty service enterprise according to law, and supervise the handover between realty service enterprises according to law:

(a) the early realty service contract expires, the owners' meeting has not yet been established, and the realty service enterprise is unwilling to renew the contract;

(two) the property service enterprises leave the community without authorization;

(3) The business license or qualification certificate of the realty service enterprise has been revoked;

(4) Other circumstances stipulated by laws and regulations. If the house ownership certificate has been obtained, the obligee recorded in the house ownership certificate is the obligee.

A person who has not registered the ownership of a house, but legally occupies the house on the basis of buying, selling, giving, demolition compensation, etc. , is regarded as the owner in property management activities.

Owners enjoy the rights and obligations stipulated by laws and regulations in property management activities. Enjoy rights and assume obligations in accordance with the relevant provisions of the "Regulations on Property Management" of the State Council. Property management area in accordance with one of the following circumstances, you can set up a general meeting of owners:

(a) the construction area of the property sold and delivered for use reaches more than 50% of the total construction area in the property management area;

(2) The first property has been sold and delivered for two years, and the building area of the house sold and delivered has reached more than 20% of the total building area in the property management area.

Within 15 days after the property management area meets the conditions mentioned in the preceding paragraph, the construction unit shall inform the neighborhood office or the Township People's Government where the property is located in writing. If the construction unit fails to fulfill the obligation of informing in time, the neighborhood office or the Township People's Government where the property is located has the right to order the construction unit to make corrections within a time limit.

Neighborhood offices or township people's governments shall organize the establishment of the preparatory group for the owners' congress within 30 days after receiving the written notice. The district and county property management administrative departments shall give guidance. The preparatory group for the owners' congress consists of one staff member from the subdistrict office or the township people's government, one representative from the construction unit and several representatives from the owners. The head of the preparatory group shall be the staff of the sub-district office or the Township People's Government. Representatives of the owners in the preparatory group are elected by the owners, or nominated by neighborhood offices and township people's governments with the consent of the owners, and publicized in the property management area for not less than 7 days.

The construction unit and the realty service enterprise shall provide the materials needed for the preliminary work. The preparatory group of the owners' congress shall perform the following duties:

(a) to determine the time, place, form and content 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 and the owner's exclusive area, and to verify the number of owners and the total construction area of the property;

(four) to formulate measures for the election of members of the owners' committee;

(five) put forward the list of candidates for members of the owners' committee;

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

The preparatory group shall publicize the contents of items (1) to (5) of the preceding paragraph in the property management area/0/5 days before the first owners' meeting. The preparatory group of the owners' congress shall organize the first meeting of the owners' congress within 60 days from the date of its establishment.

Within 7 days after the owners' committee is elected at the first meeting of the owners' congress, the preparatory group of the owners' congress shall hand over all the materials during the preparatory period to the owners' committee, and the duties of the preparatory group shall automatically terminate. The following matters shall be decided by the owners' meeting:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) continue to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) to change or cancel the inappropriate decisions of the owners' committee;

(eight) other major matters related to the management rights of * * * and * * *.

Decisions on matters specified in items (5) and (6) of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two thirds of the total building area and more than two thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

The meeting of the owners' congress shall vote by secret ballot. An owner has a voting ticket or an election ticket, and each voting ticket or election ticket must indicate the area of its exclusive part. In the form of collective discussion, the owners' general meeting can be held, and all owners can participate, or a representative of the owners can be elected as a unit of buildings, units and floors to participate in the owners' general meeting.

If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall, 3 days before attending the meeting of the owners' congress, solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress; If it is necessary for the owners to vote, it shall be confirmed by my signature, and the owners' representatives shall truthfully reflect it when voting at the owners' meeting.

If the owner's representative is unable to attend the meeting of the owners' congress for some reason, the owner he represents may elect another owner's representative to attend. Where a meeting of the owners' congress is held in the form of written comments, it shall be conducted under the on-site supervision and guidance of the neighborhood office where the property is located or the township people's government or its entrusted community neighborhood Committee.

The owner shall sign the real name opinion on the written consultation form; The owners' committee shall publicize the results of soliciting opinions in the property management area; If the owner has any objection to the contents of the publicity, he has the right to consult relevant materials. The meeting of the owners' congress shall be recorded in writing by the owners' committee and filed.

The decision of the owners' congress shall be published in written form in the property management area in a timely manner. The owners' committee is the executive body of the owners' congress, elected by the owners' congress, responsible to the owners' congress and reporting its work, and supervised by the owners' congress and the owners. The number of members of the owners' committee is odd and shall not be less than 5. The specific number and term of office shall be determined by the rules of procedure of the owners' congress. The director and deputy director are elected by members of the owners' committee.

The owners' committee shall conduct differential elections, and the differential ratio shall not be less than 20%. Members of the owners' committee are elected according to the predetermined number of people and the number of votes obtained by the candidates, and the candidates are approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Candidates who are not elected as members of the owners' committee shall be elected as alternate members of the owners' committee in the order of votes, and alternate members shall attend the meetings of the owners' committee as nonvoting delegates, but shall not have the right to vote. The owners' committee shall, within 30 days from the date of election, submit the following information to the neighborhood office where the property is located or the township people's government and the district/county property management administrative department for the record:

(a) the registration form of the owners' committee;

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

(3) Management regulations;

(four) the basic situation of the members of the owners' committee.

After receiving the above materials, the district and county property management administrative departments shall issue a receipt for filing within 5 days. The owners' committee shall apply to the public security organ for engraving the seal of the owners' congress and the seal of the owners' committee on the basis of the receipt for the record, and make an announcement for the record in the property management area.

In case of any change in the record items, the owners' committee shall report to the record-keeping unit in writing within 15 days from the date of change, and make an announcement in the property management area. The owners' committee shall perform the following duties:

(a) the implementation of the decision of the owners' congress;

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

(three) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(four) to review the expenses that need to be shared by the owners;

(five) to supervise and manage the income of the owners;

(six) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(seven) the implementation of supervision and management rules and regulations and property management system;

(eight) to mediate disputes over the use of property;

(nine) other duties entrusted by the owners' congress. In any of the following circumstances, the owners' committee shall convene an interim meeting of the owners' congress in time:

(a) more than 20% of the owners have written proposals;

(two) a major accident or emergency needs to be dealt with in time;

(three) other matters stipulated by laws and regulations and the rules of procedure of the owners' congress that should convene an interim meeting of the owners' congress.

The owners' committee shall announce the topics, time, place, methods and voting items of the meeting within the property management area before organizing the temporary meeting of the owners' general assembly 15, and inform all owners in writing, except item (2) of the preceding paragraph.

If an interim meeting of the owners' congress is convened according to the owners' proposal, the owners' committee shall verify the identity of the proposer. The meeting of the owners' committee shall be convened by the director. When the director is unable to perform his duties for some reason, he shall be called by the deputy director. When the director is unable to perform his duties due to the loss of membership of the owners' committee, the deputy director shall give priority to convening.

1/3 When the above members propose to convene a meeting of the owners' committee, they shall convene a meeting of the owners' committee. If the director or deputy director fails to convene the meeting of the owners' committee without justifiable reasons, the neighborhood office or the Township People's Government where the property is located shall designate other members to convene the meeting of the owners' committee. The meeting of the owners' committee shall be attended by more than half of the members, and the decisions made shall be signed by more than half of the members.

The meeting of the owners' committee shall be recorded in writing and filed. The decision made at the meeting of the owners' committee shall be signed by the members attending the meeting and stamped with the seal of the owners' committee, and shall be announced within the property management area within 3 days from the date of making the decision.

Members of the owners' committee may not entrust others to attend the meetings of the owners' committee. The owners' committee shall publish the following information and materials to the owners:

(a) management regulations, rules of procedure of the owners' congress;

(two) the decision of the owners' congress and the owners' committee;

(3) Property service contracts;

(four) the collection and use of special maintenance funds;

(five) the use of part of the property and income * * *;

(six) the punishment of occupying the road or other space owned by the owner to park the car;

(seven) the income and expenditure of the working funds of the owners' congress and the owners' committee;

(eight) other information and materials that should be disclosed to the owners.

Owners have the right to ask the owners' committee about matters involving their own interests, and the owners' committee shall give a reply. Members of the owners' committee shall not have the following acts:

(a) to accept the benefits or property provided by the property service enterprises or property management stakeholders;

(two) to undertake the business of property service enterprises in the property management area or recommend others to work in the enterprise;

(3) accepting other interests that may hinder the fair performance of duties. Members of the owners' committee shall be terminated in any of the following circumstances:

(1) I, my spouse and their immediate family members work in the realty service enterprise within the realty management area;

(2) The owner no longer owns the property due to the transfer or loss of the property;

(three) due to illness or other reasons can not perform their duties;

(4) being sentenced to punishment. In any of the following circumstances, the members of the owners' committee shall be terminated by the meeting of the owners' general assembly:

(1) Failing to perform the duties as a member of the owners' committee or being absent from the meetings of the owners' committee for three times without reason;

(two) do not fulfill the obligations of the owners, do not comply with the management regulations, the circumstances are serious and refuse to correct;

(three) in violation of the provisions of article forty-second;

(four) to submit his resignation to the owners' meeting or the owners' committee;

(five) for other reasons, it is not suitable to be a member of the owners' committee. Where the qualification of the director of the owners' committee is terminated, a deputy director shall be elected as the director by the members of the owners' committee; If the qualification of deputy director is vacant or terminated, the members of the owners' committee shall elect the deputy director from among the members; If a member is vacant or his membership is terminated, the alternate members shall fill it in turn according to the number of votes.

Where the membership of the owners' committee is terminated, the relevant materials, seals and other items kept by it shall be returned to the owners' committee within 3 days from the date of termination.

The owners' committee shall timely announce the changes of its members in the property management area. The owners' committee shall put forward a list of candidates for the general preparatory group 2 months before the expiration of its term of office, and publicize it in the property management area. If the owner does not raise any objection within 15 days, the preparatory group for the general election shall be established according to the list of publicity personnel; If more than half of the owners raise objections, the owners' committee shall resubmit the list of candidates.

On the basis of soliciting the opinions of the owners, the preparatory group for the general election of the owners' committee puts forward a list of candidates for the new owners' committee, and the difference ratio is not less than 20%, which will be publicized in the property management area. Members of the preparatory group for the general election shall not be elected as members of the new owners' committee.

The preparatory group for the general election of the owners' committee shall, before the expiration of the term of office of the owners' committee, organize a meeting of the owners' general assembly to elect a new owners' committee.

If the term of office of the owners' committee expires and the general election is not completed, the neighborhood office or the Township People's Government where the property is located shall organize or supervise the owners' committee to organize the general election. The realty service enterprise shall have an independent legal person qualification and corresponding qualification certificate. Property service practitioners shall obtain corresponding professional qualification certificates.

Non-local property service enterprises engaging in property management services in this Municipality shall file with the municipal property management administrative department.

The municipal administrative department of property management shall inspect the qualifications of property service enterprises and the professional qualification certificates of their employees every year. The realty service contract shall include the following main contents:

(1) Property management services;

(2) service quality and cost;

(3) Rights and obligations of both parties;

(four) the management and use of special maintenance funds;

(five) the use of real estate management;

(6) Term of the contract;

(7) Liability for breach of contract;

(8) Other matters agreed by both parties.

The realty service enterprise shall, within 05 days from the date of signing the contract with the owners' committee, report the realty service contract to the district or county property management administrative department where the property is located for the record.

The realty service enterprise shall provide services in accordance with the contract, and shall not make unfair and unreasonable provisions to the owners by means of notices, statements, notices, etc., or reduce or exempt them from the responsibility of damaging the legitimate rights and interests of the owners. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the property user agree that the property user shall pay the property service fee, such agreement shall prevail; If the property user fails to pay the property service fee as agreed, the owner shall bear joint liability.

Houses that have been completed but not yet sold or handed over to property buyers shall be paid by the construction unit.

If there is no agreement in the realty service contract or without the consent of the owner, the realty service enterprise shall not charge the owner for the services provided by itself. The realty service enterprise shall formulate an emergency plan for emergencies in the realty management area, and assist the relevant departments to do a good job in security prevention in the realty management area.

In the event of a safety accident or emergency, the realty service enterprise shall take emergency measures in time and report to the relevant departments to assist in the rescue work. The city implements the reporting system for major matters of property services, and in any of the following circumstances within the property management area, the property service enterprise shall report to the county-level property management administrative department and relevant departments:

(1) Fire, explosion or natural disasters cause personal injury or endanger the safety of buildings;

(two) there are hidden dangers in the building and its ancillary facilities and equipment, which are difficult to eliminate within 8 hours, seriously endangering the safety of the owners, users and buildings;

(three) the property service personnel leave the property management area without authorization, resulting in the interruption of property services, which seriously affects the normal life of the owners and users;

(four) the occurrence of mass emergencies, affecting social harmony and stability;

(five) major casualties occurred in the property management area;

(six) other events that affect the normal life of the owners and property users. Property management area, water supply, power supply, gas supply, heating, communications, cable television, broadband data transmission and other professional business units shall charge the end users. Where a realty service enterprise accepts the collection fees entrusted by a professional business unit, the collection service fees shall be paid by the entrusting unit, and no additional fees such as handling fees shall be charged to the owners.

Professional business units shall not force the realty service enterprise to collect fees, and shall not stop providing services to end users because the realty service enterprise refuses to collect relevant fees. When a realty service enterprise withdraws from the realty management service in the realty management area, it shall perform the following handover obligations to the owners' committee:

(a) the transfer of service files and property management rooms, the implementation of the remuneration system, it should also be transferred to the financial files during the property service;

(two) the avoidance of property service personnel in the management area;

(3) Reimbursement of related expenses for advance receipt and collection;

(4) Other matters stipulated by laws and regulations. Owners, owners' committees, property service enterprises and construction units may request the neighborhood offices or township people's governments where the property is located for mediation in case of disputes in property management service activities, or apply for arbitration or bring a civil lawsuit according to law.

Owners, owners' committees and property service enterprises may complain and report to the property management administrative department and other relevant departments for acts in violation of these regulations, and the relevant departments shall promptly investigate and verify them and deal with them according to law. The following acts are prohibited in the property management area:

(a) damage to the bearing, seismic structure and appearance of the house;

(two) unauthorized occupation, damage * * parts, * * facilities and equipment;

(three) in violation of the regional planning of property management to build buildings and structures;

(four) occupation of green space, destruction of flowers and trees;

(5) Setting up stalls and parking vehicles;

(six) littering, piling up debris;

(7) Feeding animals in violation of regulations;

(8) posting, scribbling or portraying on buildings and structures without authorization;

(nine) affect the lighting, ventilation and other conveniences of other users;

(ten) discharge or pile up toxic and harmful substances, pile up flammable and explosive substances or discharge noise exceeding the prescribed standards;

(eleven) to engage in activities that endanger the public interest;

(twelve) other acts prohibited by laws and regulations.

The owners' congress and the owners' committee have the right to require the actor to stop the infringement, eliminate the danger, remove the obstruction and compensate the losses according to laws, regulations and management regulations. Discourage or stop ineffective, it shall report to the relevant administrative departments in a timely manner. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law. When the * * * parts of the property and the * * * facilities and equipment are maintained, the relevant owners and property users shall cooperate. Relevant owners and property users who obstruct maintenance and cause property losses to other owners and property users shall be liable for compensation.

If the maintenance causes damage to the occupied parts, facilities and equipment or other property losses of the relevant owners and property users, the responsible person shall be responsible for repair or compensation. During the property warranty period, if the construction unit fails to perform the warranty obligations, the owner, the owners' committee or the entrusted property service enterprise may apply to the district or county property management administrative department where the property is located for the use of the property warranty fund, and if it is appraised by the entrusted construction engineering quality inspection agency and belongs to the quality problem of the construction project within the warranty responsibility, the owners' committee or the entrusted property service enterprise shall organize the maintenance, and the required expenses shall be paid from the property warranty fund.

The administrative department of property management at the county level shall notify the construction unit in writing within 3 working days after the use of the warranty fund. The construction unit shall make up for it in full within 15 days from the date of receiving the written notice.

If the construction unit has any objection to the maintenance responsibility, it may bring a civil lawsuit or apply for arbitration according to law within the time limit specified in the preceding paragraph, and the responsible person determined by the people's court or the arbitration commission shall make up the property warranty money within 15 days from the effective date of the relevant legal documents. Failure to file a lawsuit or apply for arbitration within the time limit shall be deemed as acceptance of the maintenance responsibility. After the warranty period of the property expires, the owner is responsible for repairing and maintaining the parts, facilities and equipment used by it; Unless otherwise agreed between the owner and the user of the property, such agreement shall prevail. Owners or property users may also entrust property service enterprises to carry out maintenance and bear corresponding expenses.

Owners of long-term vacant properties shall inform the property service enterprises, take measures to prevent water leakage, air leakage and other accidents, and negotiate with the property service enterprises for the maintenance, repair and management of their own parts and facilities. Owners or property users who decorate houses shall abide by the relevant national, provincial and municipal regulations on decoration and housing safety management, and inform the property service enterprises. The realty service enterprise shall inform the owner in writing of the prohibited acts and matters needing attention in the house decoration, and supervise the house decoration construction.

Owners who violate the provisions of house decoration, temporary management regulations or management regulations shall be stopped by the property service enterprises. If the owner refuses to correct or has caused damage, the realty service enterprise shall report to the relevant administrative department for handling according to law; If losses are caused to neighboring owners or public interests are harmed, the owners shall be liable for compensation. Public buildings and facilities planned and constructed within the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. Owners and property users shall use the house according to the purposes specified in the house ownership certificate, and shall not change the nature of its use without authorization. Unauthorized changes in the nature of the use of housing, property services companies should be stopped, and promptly report to the relevant administrative departments.

Property service enterprises shall not change the nature of the use of * * * parts and * * * facilities and equipment in the property management area. Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit. Water supply, power supply, gas supply, heating, communication, cable TV, broadband data transmission and other professional business units shall bear the responsibility and related expenses for the maintenance, conservation and renewal of relevant pipelines and facilities and equipment within the property management area according to law.

Professional business units can entrust the maintenance of professional business facilities and equipment to property service enterprises, which can collect remuneration from professional business units in accordance with the entrustment contract. If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.

When the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.