Regulations of Changde Municipality on Property Management

In order to strengthen property management, Changde Municipal People's Government promulgated the Measures for Property Management in Changde City. Here, I would like to introduce some information about Changde's property management regulations, hoping to help you.

Changde City Property Management Regulations Chapter I General Provisions are as follows

Article 1 In order to standardize property management behavior and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the relevant provisions of People's Republic of China (PRC) Property Law, Property Management Regulations and other laws and regulations.

Article 2 These Measures shall apply to the property management, use, maintenance, supervision and management activities within the administrative area of this Municipality.

Third city and county real estate management departments are the administrative departments in charge of property management (hereinafter referred to as the administrative departments of property), and are responsible for the supervision and management of property management within their respective administrative areas.

Neighborhood offices and Township People's governments shall incorporate property management into the scope of community management, and be responsible for the management of social affairs such as public security and stability, employment and reemployment, social security, urban management creation, family planning, etc. of property management communities (units); Guide the owners to set up the owners' meeting in conjunction with the property management department and elect the owners' committee; Supervise the daily activities of the owners' congress and the owners' committee; Coordinate the relationship between property management, community management and community service.

The realty service enterprise shall, in accordance with the scope authorized by the realty entrustment contract, manage the buildings and their ancillary facilities within the building division, and accept the management, guidance and supervision of the property administrative department, the local subdistrict office, the township people's government and the community (residents' committee).

Fourth city and county property departments should strengthen the supervision and management of property service activities.

Property management industry associations should give full play to the role of service and communication, do a good job in the training of employees, assist the competent departments to do a good job in the early counseling of integrity records and enterprise qualification declarations, improve the self-discipline system of the property service industry, and promote the development of the property service industry.

Chapter II Owners, Owners' Congress and Owners' Committee

Article 5 The owners jointly manage the * * part of the property management area (roads, green spaces, other public places, public facilities, property management houses, facilities and equipment used by the property). The following matters shall be decided by the Owner * * *:

(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) to formulate the contents and standards of property services and the charging scheme for property services;

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

(six) to raise and use housing maintenance funds;

(seven) renovation of buildings and their ancillary facilities;

(8) Change some uses of * * * *;

(nine) the use of * * * part of the business and the distribution and use of income;

(10) Matters that shall be decided by the owner according to laws, regulations or management regulations.

The decisions in items (6) and (7) of the preceding paragraph shall be approved by the owners whose exclusive parts account for more than two-thirds of the construction area and more than two-thirds of the total number of owners; 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.

Article 6 Owners may set up an owners' meeting, which is composed of all owners in the property management area, to manage the parts used in the property management area and carry out activities related to property management in accordance with relevant regulations. A property management area establishes an owners' meeting.

Without the establishment of the owners' meeting, the realty service enterprise stops its service or other major and urgent property management events occur, and the owners need to make the same decision, the neighborhood offices where the property is located, the township people's government and the property administrative department shall guide and assist the owners to make the same decision.

Article 7 If the exclusive part delivered to the owners in the property management area reaches more than 50% of the total construction area, the construction unit shall submit the materials needed for the preparation of the first owners' meeting to the property administrative department, the local neighborhood office and the Township People's Government.

Eighth street offices and Township People's governments shall, within 60 days from the date of receiving the application from the construction unit, designate a representative as the head of the preparatory group and organize the establishment of the preparatory group for the first owners' meeting.

After the list of members of the preparatory group is determined, it shall be publicized in a prominent position in the property management area.

Article 9 The construction unit shall, within 7 days from the date of the establishment of the preparatory group for the first owners' meeting, provide the preparatory group with information such as the list of owners, the exclusive area of owners and the total area of buildings. , and provide corresponding services for the preparatory meeting.

Article 10 After the owners' congress has elected the owners' committee, the owners' committee shall, within 30 days from the date of election, go through the filing formalities with the neighborhood offices where the property is located, the township people's government and the property administrative departments at or above the county level in accordance with relevant regulations.

Article 11 If the owners' committee fails to be elected due to objective reasons, the community (residents' committee) where the property is located may act as the owners' committee under the guidance and supervision of the neighborhood offices and township people's governments.

Twelfth owners should pay the property service fee in full and on time in accordance with the provisions of the property service contract. If the owners violate the property service contract and fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.

The owners' committee shall, on the basis of the preliminary temporary management statute of property management, revise and formulate the community management statute in a timely manner, and make binding provisions on the behaviors and matters such as the collection of property services and housing maintenance funds, the maintenance and management of owners' houses, facilities and other public spaces, and the decoration; Should coordinate the handling of disputes between property service enterprises and owners and property users.

Chapter III Early Property Management

Thirteenth construction units should be in the pre-sale of property (sales), under the guidance of the administrative department of property, through bidding to select qualified property service enterprises, and signed a preliminary property service contract.

Fourteenth approved by the property administrative departments at or above the county level, the following circumstances can be selected by agreement with the corresponding qualifications of the property service enterprises:

(a) in a property management area, the residential construction area is less than 1 10,000 square meters or the number of owners is less than 20;

(two) in a property management area, the non-residential construction area is less than 0.5 million square meters;

(three) in the area where property management has been implemented, the newly built property chooses the prophase property service enterprise;

(four) after the announcement of the tender, there are less than three bidders.

Fifteenth early property management fees to implement government guidance, the price adjustment shall not exceed the provisions of the price department. The prophase realty service enterprise shall file the service items, service levels, charging standards and charging start time with the property administrative department for the record, and the price administrative department shall verify the charging standards in accordance with the relevant provisions, and the realty service enterprise shall publicize them in a prominent position in the community.

Sixteenth the construction unit shall formulate a temporary management agreement before selling the property. The temporary management statute shall stipulate the house decoration, the use, maintenance and management of * * * parts and public facilities and other public * * * venues, the obligations that the owners shall perform, and the responsibilities that they shall bear in violation of the temporary management statute. According to the law, and to the property administrative departments for the record. As an annex to the house sales contract, the temporary management statute is publicized in a prominent position in the sales place.

Seventeenth construction units in the sale of property, it should be clear about the preliminary property service contract, and inform the owner's name, office space, contact information and qualification level, property service level and charging standards. Otherwise, the owner has the right to refuse to pay the property service fee.

Eighteenth preliminary realty service contract agreed period, from the date of signing the preliminary realty service contract to the date of signing the first realty service contract between the owners' committee and the realty service enterprise.

Nineteenth property without completion acceptance or unqualified completion acceptance, shall not be delivered for use.

Twentieth in the property handover procedures, the construction unit shall, in accordance with the relevant provisions, hand over the information to the property service enterprise.

When the prophase realty service contract is terminated, the realty service enterprise shall promptly hand over the relevant materials specified in the preceding paragraph to the owners' committee or the organization acting as the owner's committee.

Twenty-first new residential property, the construction unit shall, in accordance with the following provisions with the construction of property management space:

(1) If the total construction area is below 1 ,000 square meters, the property management house with a usable area of 50 square meters shall be provided;

(two) the total construction area 1000 square meters (inclusive) but not more than 30000 square meters, providing the use area for property management1000 square meters;

(3) If the total construction area is more than 30,000 square meters and less than 50,000 square meters, the property management house with the use area of 150 square meters shall be provided;

(four) the total construction area of 50 thousand square meters (inclusive), according to the total construction area of 3? Provide housing for property management.

Twenty-second property management houses include property management office houses, property management supporting houses and owners' committee office houses. The gatehouse, garage, sundries room, attic, facilities and equipment rooms shall not be used as property management rooms.

Houses with a floor height of less than 2.2 meters or included in the pool are not included in the property management space; Property management rooms must be relatively concentrated, with natural ventilation and lighting conditions and ordinary decoration.

Twenty-third construction units in the "pre-sale permit for commercial housing", should provide the specific location, area and "commercial housing construction area forecast report" to the property management department, and go through the confirmation procedures for property management.

When applying for the initial registration of house ownership, the construction unit shall apply for the property management house together.

Twenty-fourth construction units shall, in accordance with the warranty period and scope stipulated by the state, undertake the warranty responsibility of the property. Property warranty period is calculated from the date of project completion acceptance. After the warranty period expires, the owner shall be responsible for the exclusive part of the house.

Twenty-fifth new residential water supply, power supply and gas supply should be implemented by one household.

Twenty-sixth any unit or individual shall not occupy, use and dispose of roads, green spaces, property * * * parts, public facilities, * * facilities and equipment, overhead ground, property management houses and other public * * * places within the building division without authorization.

Twenty-seventh new residential areas must be built in strict accordance with the planning and design requirements and promotion commitments. The acceptance of residential property houses, owners' houses and other houses and supporting facilities before use shall be organized and implemented by the real estate administrative departments at or above the county level.

Chapter IV Property Services

Twenty-eighth enterprises engaged in property management activities should have independent legal personality and abide by the national and local regulations on the qualification management of property service enterprises.

The newly established property service enterprise shall, within 30 days from the date of obtaining the business license, apply to the local property administrative department for industrial and commercial registration qualification. Employees should obtain corresponding professional qualifications.

Twenty-ninth a property management area should be unified by a property service enterprise to provide property services. 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.

For the property built in stages, if the property service enterprise has been identified in the early stage, the same property service enterprise will provide property services in the later stage.

Thirtieth realty service enterprise and the owners' committee shall sign a realty service contract, stipulating the rights and obligations of both parties, realty service matters, service standards, service fees, management and use of realty management premises, contract term, service handover, liability for breach of contract, etc. The service content and service level shall be reported to the competent price department for the record after being audited by the competent property department; The charging standard shall be approved by the competent price department and reported to the competent property department for the record.

The realty service enterprise shall, within 05 days from the date of signing the realty service contract, report the realty service contract to the realty administrative department at or above the county level where the realty service project is located for the record.

Article 31 A realty service enterprise shall publicize relevant information such as service items, service standards, charging items and charging standards in a prominent position in the realty management area, and accept the supervision of the owners.

Property departments and price departments should strengthen the inspection of service standards of property service enterprises. If the charging standard is inconsistent with the service standard, service quality and service level, it shall be ordered to make rectification; If the rectification is not in place, the competent price department will reduce its charging standard.

Thirty-second before the expiration of the realty service contract, the owners' congress shall decide whether to replace the realty service enterprise and other matters.

Decided to renew the original realty service enterprise, it shall negotiate with the original realty service enterprise to sign a realty service contract; If it is decided to dismiss, it shall fulfill the necessary notification obligation. If the notice period is not stipulated in the contract, it shall be notified to the original property service enterprise 1 month before the expiration of the contract period and announced in the property management area.

Thirty-third before the termination of the realty service contract, the realty service enterprise shall not stop the service.

After the expiration of the realty service contract, if the realty service enterprise decides not to renew the realty service contract, it shall fulfill the necessary obligation of informing before the expiration of the realty service contract; If the notice period is not stipulated in the contract, it shall be notified to the owners' committee 1 month before the expiration of the contract period.

Article 34 After the expiration of the realty service contract, if the realty service enterprise fails to renew the written realty service contract with the owners' committee, and the realty service enterprise actually provides realty service and fulfills the obligation of informing, and the owners' committee does not indicate that it does not accept the service, the realty service enterprise has the right to require the owners to fulfill the relevant obligations.

If the owners' committee decides not to accept the realty service, the realty service enterprise shall not forcibly provide the realty service, and shall not charge the owners for the realty service on the grounds of factual service.

Article 35 If the realty service contract is terminated or the owners no longer accept factual services, the realty service enterprise shall complete the handover with the owners' committee within 05 days. The realty service enterprise shall perform the statutory handover obligation and withdraw from the realty management area.

The original realty service enterprise shall not refuse to handle the handover on the grounds that the owner fails to pay the realty service fee or disputes the decision of the owners' committee. The original property service enterprise shall maintain the normal order of property management during the period of handover to exit the property management area. The owners' committee shall cooperate with the original realty service enterprise to collect the related expenses owed by the owners.

If the original realty service enterprise refuses to withdraw from the realty management area, the new realty service enterprise and the owner shall negotiate with the original realty service enterprise for settlement. If negotiation fails, the owners' committee shall bring a lawsuit or apply for arbitration according to law, and the new property service enterprise shall not take over by force.

If the handover is not completed within 15 days due to the owners' committee, the realty service enterprise shall submit it to the local neighborhood office, the Township People's Government or the community (residents' committee) for coordination. If the coordination fails within 7 days, the realty service enterprise may withdraw from the realty management area, but the relevant information shall be handed over to the local subdistrict office or the Township People's government for safekeeping.

Thirty-sixth property authorities shall establish a credit information system for the property management industry as required, and implement dynamic supervision and management of property service enterprises and employees. Property service enterprises and employees shall be rated by the competent departments of property and credit information agencies of the real estate industry through daily assessment and annual audit. We should make good use of the results of enterprise credit evaluation, so that it can play a reference role in project undertaking, enterprise and project evaluation, enterprise qualification promotion, enterprise annual review, bank credit and so on.

Chapter V Use and Maintenance of Property

Thirty-seventh property management area * * * parts, public facilities and equipment of water and electricity in accordance with the residential water and electricity price standards. With the consent of the owners' meeting, if the use is changed to public use, the price standard of water and electricity shall be implemented in accordance with relevant regulations.

Thirty-eighth through the property management area of urban roads and their greening, municipal public facilities maintenance by the municipal and garden departments. The sanitation department is responsible for cleaning the bus roads in the property management area. The realty service enterprise is responsible for transporting the domestic garbage collected by the owner to the garbage transfer station, and the sanitation department is responsible for transporting it from the transfer station to the garbage dump and bearing relevant expenses. The power supply department is responsible for the maintenance of the owner's electricity meter and the power supply pipeline and equipment in front of the electricity meter. The water supply department is responsible for the maintenance of the owner's water meter and the water supply pipeline and equipment before the meter. The gas supply department is responsible for the maintenance of the owner's gas meter and its front gas pipeline and equipment. Communications, cable television and other units should bear the responsibility for the management and maintenance of related facilities and equipment.

Thirty-ninth owners and property users shall abide by laws, regulations, rules and management regulations (temporary management regulations).

Owners and property users should correctly handle the adjacent relations in water supply, drainage, ventilation, lighting, transportation, maintenance, decoration, environmental sanitation and environmental protection in accordance with the principles of being conducive to the safe use of the property, being fair and reasonable, and not harming the interests of the public and others.

Fortieth owners and property users should obtain the consent of interested owners and go through relevant procedures in accordance with the law, in addition to observing laws, regulations, rules and management regulations.

Forty-first property service enterprises engaged in property maintenance, repair, testing and other work, the owners or property users should provide convenience.

Forty-second garages and parking spaces planned for parking cars in the property management area should first meet the parking needs of owners.

The ownership of planned garages and parking spaces shall be approved by the construction unit through sale, gift or lease, and the disposal of garages and parking spaces shall be announced to all owners.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Article 43 Anyone who uses roads, green spaces, other public places, * * houses, * * facilities and equipment, and * * parts within the property management area to conduct business shall obtain the consent of interested owners, and go through relevant procedures in accordance with the provisions with the consent of the owners' meeting or owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Deduct costs (labor, maintenance and taxes, etc.). ), the proceeds shall be used in accordance with the decision of the owners' meeting, and the actual income and expenditure shall be announced to all owners, and the questions of the owners' Committee shall be accepted.

Forty-fourth owners to buy property, should be in accordance with the "residential special maintenance funds management approach" to deposit housing maintenance funds.

Before June 1 2008, the housing maintenance funds collected by the property service enterprise or the owners' committee according to the prescribed standards should be supervised to prevent them from being used for other purposes. The property administrative department has the right to conduct supervision by means of investigation, audit and special audit. After June 2008 1, the owner collected and deposited the articles into the special account of the house maintenance fund collection management center for the first time according to the new payment standard, and the funds were earmarked for special purposes.

Housing maintenance funds are used for the maintenance, renewal and transformation of public parts such as * * * parts and * * facilities and equipment after the warranty period expires, and are shared by the owners according to the proportion of their own construction area; Need to repair, update and transform the property project, maintenance scheme and maintenance costs must be signed by more than two-thirds of the total number of owners before use. Before the establishment of the owners' committee, the housing maintenance funds were managed by the housing maintenance fund collection management center. After the establishment of the owners' committee, according to the resolution of the owners' congress, the responsible persons of both the realty service enterprise and the owners' committee shall go through the formalities at the housing maintenance fund collection management center at the same time, and transfer the housing maintenance funds to other units for escrow in accordance with the prescribed procedures; If the transfer is not decided, the housing maintenance fund collection and management center will continue to manage it. The housing maintenance fund account opened by the owners' congress must accept the supervision of the housing maintenance fund collection management center.

Forty-fifth construction units shall undertake the property warranty responsibility during the warranty period in accordance with the warranty period and scope stipulated by the state and the province. The construction unit may entrust the realty service enterprise with maintenance, or organize maintenance by itself.

The construction unit shall, before the delivery of the property and the initial registration of the ownership, pay the property maintenance fee to the property administrative department in a lump sum in accordance with the relevant provisions of the state, province and city.

Measures for the deposit, use, refund, management and supervision of property warranty funds shall be formulated separately by the municipal property administrative department in conjunction with the municipal finance and price administrative departments.

Forty-sixth property service enterprises should strengthen the inspection of the property, found that there are security risks, in accordance with the provisions of the property service contract in a timely manner to repair or notify the responsible person to eliminate hidden dangers in a timely manner. If the responsible person fails to perform the maintenance obligation, with the consent of the owners' meeting or the owners' committee, the property service enterprise may carry out the maintenance on its behalf, and the expenses required shall be borne by the responsible person.

Chapter VI Supplementary Provisions

Forty-seventh owners decided to manage their own property, with reference to the relevant provisions of these measures.