Full text of Detailed Rules for the Implementation of Property Management in Heihe City

Full text of Detailed Rules for the Implementation of Property Management in Heihe City

The detailed rules for the implementation of property management in Heihe city have been discussed and passed at the 10 executive meeting of the municipal government on September 6, 2006. The following are the specific contents of the rules:

Chapter I General Principles

Article 1 In order to standardize the use, maintenance and management of property services, safeguard the legitimate rights and interests of owners, users and property service enterprises, and create and maintain a clean, safe and comfortable living environment, these Detailed Rules are formulated in accordance with the relevant provisions of national and provincial laws and regulations and combined with the actual situation of Heihe City.

Article 2 These Provisions shall apply to the urban areas of Heihe City. Counties (cities) can refer to the implementation, but also in accordance with the relevant provisions and these rules to develop their own detailed rules for the implementation of property management.

Article 3 The term "property" as mentioned in these Detailed Rules mainly refers to houses, office buildings, office buildings, shopping malls, commercial buildings, industrial areas and other buildings and their supporting facilities that have been completed and accepted and delivered for use, as well as sites related to buildings and their supporting facilities.

The term "property service" as mentioned in these Detailed Rules refers to the business behavior of a legally established property service enterprise to maintain, conserve and manage the parts and facilities used by the property, residential roads, environmental sanitation, landscaping, venues, public entertainment facilities and regional security precautions in accordance with the items and contents stipulated in the entrustment contract signed with the owners or owners' committee. Property service enterprises can accept the paid entrustment of relevant professional units such as water supply, drainage, power supply, heating and communication, and provide the owners with the maintenance, conservation and management of corresponding facilities and equipment.

Article 4 Property management shall follow the principle of combining self-management of owners with professional management of entrusted property service enterprises.

Article 5 The Municipal Real Estate Management Bureau shall be in charge of the administration of the property industry in this Municipality.

Construction, planning, public utilities, health, public security, posts and telecommunications, power supply, environmental protection, prices, water supply, neighborhood committees, heating and other relevant administrative departments and units shall, according to their respective responsibilities, cooperate with the Municipal Housing Authority to implement these rules.

Article 6 The main responsibilities of the municipal real estate department for property management are:

(a) the implementation of national, provincial and municipal laws, regulations, rules and policies on property management;

(two) responsible for the preliminary examination of the qualification of property management enterprises above the second level and the examination and approval of the third-level and temporary qualifications;

(three) to record and manage the signing, suspension and termination of the owners' convention and the property entrustment contract (including the preliminary property management entrustment contract and the preliminary property management service agreement);

(four) to guide the work of the owners' committee and implement registration management;

(five) to supervise and guide the property service activities;

(six) to participate in the formulation of property management fees;

(seven) to impose penalties on violations of these rules;

(eight) to accept complaints about violations of these rules.

Chapter II Owners and Owners' Committees

Article 7 The term "owner" as mentioned in these Detailed Rules refers to the owner or user of the house.

Article 8 Owners shall enjoy the following rights:

(a) to safeguard the legitimate rights and interests of the occupied parts of the property;

(two) to participate in property management and public affairs;

(three) to participate in the owners' congress or the owners' congress;

(4) Electing or being elected as a member of the owners' committee;

(five) to vote on the owners' convention and the articles of association of the owners' committee;

(six) to vote on major issues involving the interests of the owners;

(seven) to supervise the work of the owners' committee.

The Owner shall undertake the following obligations:

(a) to implement the resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

(3) Abide by the property service management system and regulations;

(four) timely delivery of property services.

Ninth owners' congress is composed of all owners in the property service area; 1 composition of property service area 1 owners' meeting. The scope of the property service area is determined according to the division and planning of the property management service in Heihe City.

Article 10 1 In case of any of the following circumstances in the property service area, the development and construction unit, the property sales unit and the property management enterprise will organize the first owners' meeting or owners' congress under the guidance and supervision of the real estate administrative department:

(a) the construction area of the property that has been delivered for use exceeds 50%;

(2) The construction area of the delivered property has reached more than 30% and less than 50%, but its service life has exceeded 1 year;

(three) public housing has been sold to more than 35%.

If the property sales unit fails to organize the first owners' meeting in time, the Municipal Real Estate Bureau shall order it to be held within a time limit and supervise it.

Eleventh owners' congress shall enjoy the following rights:

(a) to elect and recall members of the owners' committee;

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

(3) adopting the owners' convention and the articles of association of the owners' committee;

(four) to approve the entrustment contract of property services;

(five) to decide on major issues involving the interests of the owners.

Article 12 The decision of the owners' meeting shall be adopted by more than half of the owners with voting rights.

The owner may entrust an agent to attend the owners' meeting; /kloc-Owners under the age of 0/6 shall be accompanied by their legal guardians.

The voting rights of owners are calculated by households.

Article 13 After the first owners' meeting is held, the owners' committee shall be responsible for convening the owners' meeting at least 1 time every year.

Upon the proposal of more than 20% owners with voting rights, an interim owners' meeting may be held, and the owners' committee shall organize an interim owners' meeting on the proposed topic within 3 days after receiving the proposal.

Article 14 The owners' committee shall be elected by the owners' congress or the owners' congress, and the members of the owners' committee shall be the owners. The term of office of the owners' committee is 2 to 3 years, and it can be re-elected. The number of owners' committee members is generally composed of 5-7 people as required, with 1 director and 1 to 2 deputy directors.

The owners' committee shall register with the municipal real estate department within 10 days from the date of election.

Fifteenth owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

(1) Convene the owners' congress or owners' congress and report the implementation;

(2) Draft or revise the articles of association of the owners' committee (see document number "Owners' Convention" for details, please refer to the Ministry of Construction [1997]2 19) and submit it to the owners' meeting for adoption;

(3) Concluding, modifying or terminating the entrusted service contract with the realty service enterprise;

(four) to consider the annual management plan and major measures for property management services formulated by the property service enterprises;

(five) listen to the opinions and suggestions of the owners and users, and supervise the implementation of various rules and regulations of property management services;

(six) to coordinate the relationship between housing property owners, users and property service enterprises;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) to supervise the use and maintenance of * * * facilities and equipment and public * * * venues;

(nine) the supervision and management of * * * the use of housing parts and * * * the use of equipment and facilities maintenance fund collection and use;

(ten) other duties entrusted by the owners' congress.

The meeting of the owners' committee shall be convened by the chairman and attended by more than half of the members of the owners' committee, and the decision shall be agreed by more than two thirds of the members present at the meeting.

The decision made by the owners' committee shall be published.

Article 16 Owners' Convention The management agreement on part of the property or public affairs concluded by the owners is binding on all owners.

The owners' convention is equally binding on the transferee or lessee of the property as the owners.

Seventeenth owners' convention and the articles of association of the owners' committee shall not conflict with laws, regulations and rules, and shall be reported to the municipal real estate department for the record within 10 days after adoption.

Chapter III Property Service Enterprises

Article 18 The term "realty service enterprise" as mentioned in these Detailed Rules refers to the enterprise entrusted by the owners or owners' committee to provide professional management services according to the realty service contract.

Nineteenth property service enterprises shall, in accordance with the relevant provisions of the state and the province, obtain the qualification certificate of property service enterprises, apply for business licenses, and obtain the license for price charges before engaging in property service business activities.

The establishment of a property service enterprise shall not only comply with the provisions of relevant laws and regulations, but also have the management institutions and professional and technical personnel needed to manage the property. Among them, there are not less than 3 professional and technical personnel above the intermediate level, and there are not less than 3 personnel with property management training certificates.

The realty service enterprise shall, in accordance with the provisions, apply to the municipal real estate department for obtaining the property management qualification certificate.

Twentieth property service enterprises shall enjoy the following rights:

(a) to accept and take over the property information required for the entrusted property and property services;

(two) according to the property contract and the owners' convention, formulate specific implementation measures and various rules and regulations for the management of property services;

(3) collecting property service fees according to law;

(four) to stop the illegal and illegal acts of property management;

(five) the choice of property services franchise enterprises to undertake special business;

(six) to engage in business activities in accordance with the scope of business license.

Article 21 A realty service enterprise shall undertake the following obligations:

(a) engaged in property services business activities in accordance with the law, accept the guidance and supervision of the property department and other relevant administrative departments;

(two) to perform the entrustment contract of property services and accept the supervision of the owners and the owners' committee;

(three) regularly inform the owners' committee about the management of property services;

(four) to announce the financial revenue and expenditure of property service fees to all owners every year;

(five) to assist the owners' committee to carry out various forms of community cultural activities.

Twenty-second property companies outside the city to the city or the city's property service enterprises to accept the commission to undertake property services, in accordance with the relevant provisions of the province, the city to the competent authorities for qualification verification procedures, before engaging in business.

Chapter IV Property Entrusting Services

Twenty-third owners' committee shall adopt the method of public bidding to select and employ property service enterprises. Specific measures shall be implemented in accordance with provincial regulations.

Twenty-fourth buildings, structures or ancillary facilities jointly owned by multiple owners or used by the same owner shall be entrusted to the same property service enterprise for management.

Twenty-fifth property services companies entrusted to engage in property management services shall sign a property management service contract with the owners or owners' committee (see the model contract forwarded by the Municipal Real Estate Bureau for details).

The entrustment contract for property management services shall include the following main contents:

(a) the name and domicile of the owners' committee and the realty service enterprise;

(two) the property management area and the scope of management services;

(3) Property management services;

(four) the requirements and standards of property management services;

(5) Property management service fees;

(six) the duration of property management services;

(7) Liability for breach of contract;

(8) Agreement on the termination and rescission of the contract;

(9) Other matters agreed by both parties.

Article 26 Where a realty service enterprise selects a realty service franchise enterprise, the responsibilities stipulated in the realty service entrustment contract signed with the owners' committee shall not be transferred accordingly.

Article 27 If a realty service enterprise fails to perform the realty service entrustment contract and fails to make corrections after being proposed by the owners' committee, or the owners' rights and interests are affected by other illegal acts, the owners' committee may decide to terminate the realty service entrustment contract.

The realty service enterprise shall, within 30 days after receiving the notice of suspending the realty service entrustment contract, suspend the realty service business activities, return the realty information and evacuate the realty site; During this period, the owners' committee shall select other realty service enterprises.

Article 28 The realty service enterprise shall handle the following matters with the owners' committee within 15 days after the signing or termination of the realty service entrustment contract, and the realty service enterprise shall file with the municipal real estate department.

(a) the property management service fees received in advance shall be truthfully settled, and the overcharged part shall be refunded in advance;

(two) the transfer of all property files and related financial books;

(three) the transfer of property management houses and other property owned by the owners.

Twenty-ninth property sales units shall, after the comprehensive acceptance of the property and its ancillary facilities and equipment, hand over the property to the owners' committee; Property without comprehensive acceptance shall not be handed over, and the property sales unit shall continue to bear the cost of property services.

The property sales unit shall submit the following materials to the property service enterprise and the owners' committee when handing over the property:

(a) the approval documents of housing construction;

(2) The general plan of completion;

(3) as-built drawings of houses and supporting equipment and facilities;

(4) Underground pipe network diagram;

(five) the housing instructions and other necessary materials.

Chapter V Use of Property

Thirtieth property users shall abide by the provisions of national, provincial and municipal laws, regulations and rules on city appearance and environmental sanitation, environmental protection, real estate management, fire control management and public security management.

Thirty-first property users shall not engage in the following activities:

(1) changing the purpose of the house without authorization;

(two) unauthorized demolition or damage to the housing structure and change the appearance;

(3) the building structure of the stairwell;

(four) storage of flammable, explosive, toxic, radioactive and other dangerous goods;

(five) the use of housing to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others;

(six) public facilities are owned by the owners and may not be sold to the outside world.

Article 32 The following acts are prohibited in the realty service area:

(a) damage to green space, gardens and trees;

(two) damage to * * * facilities and * * * equipment;

(three) littering, sundry;

(4) Excessive noise;

(5) discharging toxic, harmful and polluting substances;

(six) graffiti on buildings and structures;

(seven) other acts prohibited by laws, regulations and rules and the owners' convention.

Thirty-third without the consent of the owners' committee, shall not engage in the following activities in the realty service area:

(1) occupying green space and public space;

(2) posting and setting up advertisements;

(three) the establishment of stalls and markets;

(4) erection of buildings and structures.

Thirty-fourth owners should inform the property service enterprises in advance when decorating and decorating the property, and the property service enterprises should inform the owners of the relevant matters needing attention, and the owners should go through the corresponding examination and approval procedures in advance in accordance with relevant regulations.

The realty service enterprise shall supervise the decoration activities of the owners and stop the illegal or breach of contract.

Thirty-fifth in addition to the implementation of public security, fire fighting, emergency rescue, ambulance, sanitation and other special tasks of vehicles, motor vehicles parked in the property service area, can be charged by the property service enterprises, the charging standards in accordance with the provisions of the municipal price management department.

The parking fee charged by the realty service enterprise shall be included in the realty maintenance fund for the maintenance and conservation of public places.

Thirty-sixth the use of property to set up other business facilities, should obtain the consent of the relevant owners and owners' committees, before going through the examination and approval procedures in the relevant departments; If approved, it shall sign an agreement with the owners' committee and pay the setting fee approved by the price department.

The fees charged in accordance with the provisions of the preceding paragraph shall be included in the maintenance fund.

With the approval of the municipal government, public service advertisements shall be set up in the realty service area, and the owners, the owners' committee and the realty service enterprise shall unconditionally support them and shall not hinder them.

Article 37 When transferring or leasing a property, the owners' convention shall be an annex to the transfer or lease contract.

The owner shall send a copy of the contract to the owners' committee and the property service enterprise for the record within 10 days from the date of signing the property transfer or lease contract.

Chapter VI Property Services

Thirty-eighth property services include designated services, consulting services and special services. Designated service is a public service that property service enterprises should provide to owners; Consulting service refers to the services determined by the realty service enterprise and the owners (owners' committee) through consultation according to the wishes of both parties, or the services determined by the realty service enterprise and the relevant professional units of the owners through consultation according to the wishes of both parties to provide the owners with entrusted public services; Special service refers to the services provided by property service enterprises and individual owners for individual owners, which are not agreed and negotiated according to the wishes of both parties.

Thirty-ninth designated services include the following contents:

(1) Maintenance of the parts used in the building (for details, refer to Document No.3 of Black Market Housing Reform [1993]);

(2) Maintenance and repair of public places;

(three) maintenance and repair of water supply, drainage, power supply, communication, central heating and other equipment and facilities;

(four) public environmental sanitation cleaning and cleaning;

(5) Property file management;

(6) Other contents stipulated by the government.

Fortieth consulting services include the following contents:

(1) Safety precautions in the service area;

(2) Vehicle parking management;

(3) Environmental greening in public areas;

(four) to accept the paid entrustment of the relevant units and collect and remit the relevant expenses;

(five) to accept the paid entrustment of the relevant units to maintain and repair the water supply, drainage, power supply, communication and central heating equipment and facilities attached to the building.

Forty-first property maintenance responsibility, in accordance with the following provisions:

(1) The owner shall be responsible for the self-use part (see Document No.3 of Black Market Housing Reform [1993] for details), or the property service enterprise may be entrusted for paid maintenance;

(two) the designated service shall be the responsibility of the property service enterprise, and the expenses shall be borne by the owner;

(three) the legally responsible unit shall be responsible for the maintenance or renewal of the occupied parts, equipment and facilities of the house within the statutory warranty period.

Forty-second property * * * facilities, public * * * venues damaged by man-made reasons, by the responsible person to repair and update.

When maintaining housing facilities and equipment, adjacent owners shall cooperate and shall not interfere. If equipment and facilities are damaged or other economic losses are caused by obstructing maintenance, the responsible person shall be liable for compensation.

If the equipment and facilities used by neighboring owners are damaged due to property maintenance and decoration, the responsible person shall be responsible for repair or compensation.

If the property is seriously damaged due to force majeure, which endangers the safety of the owners and other personnel, the property service enterprise shall immediately take measures to repair it in time, otherwise the consequences shall be borne by the property service enterprise.

Article 43 When water supply, drainage, power supply, communication, heating and other related professional units dig roads or carry out other construction in the realty service area, they shall notify the realty service enterprise in advance and ensure the completion on time, and the construction unit shall be responsible for restoring the original appearance.

Chapter VII Early Property Management

Forty-fourth before the sale of new houses, the new house sales unit shall formulate a housing instruction manual and a housing quality guarantee, and sign a preliminary property management service contract with the selected property service enterprise. The new house selling unit or the realty service enterprise shall sign the realty management prophase service agreement with the buyer according to the realty management prophase service contract, and report it to the municipal real estate department for the record (for details of the realty management prophase service agreement, see documentNo. 12 in 2005). 15, and sign the preliminary contract of property management according to the model text forwarded by the Municipal Real Estate Bureau).

The newly-built house selling unit signs a house pre-sale (purchase) contract with the house purchaser, and the house instruction manual, the house quality guarantee and the preliminary property management service agreement are the annexes to the contract.

Article 45 When a unit sells a new house, it shall not transfer the ownership and use right of the * * * parts, * * equipment or public * * * facilities of the house separately.

Forty-sixth property from the user to the owners of the establishment of the Committee, the housing sale unit is responsible for property management, or entrust the property service enterprises to carry out preliminary management. After the establishment of the owners' committee, when hiring property service companies, under the same conditions, priority should be given to hiring property companies that provide pre-management services.

If there is no entrusted property management after the sale of public housing, the management unit before the sale of public housing shall implement property management.

Chapter VIII Property Maintenance Fund

Article 47 After the sale of public housing, the selling unit shall withdraw the after-sales maintenance fund of public housing at a rate of not less than 25% of the sale price, which shall be used for the maintenance, conservation and renewal of the parts of the property and the corresponding facilities and equipment, and shall not be used for other purposes.

New commercial housing (including affordable housing and fund-raising cooperative housing) should be extracted according to the provisions of the Ministry of Construction.

Forty-eighth maintenance funds in the name of the owners' committee deposited in financial institutions, set up a special account. The calculated interest shall be included in the maintenance fund.

The maintenance fund shall be established according to the building and accounted for by households.

Forty-ninth when the maintenance fund is insufficient, the owners' committee may charge the owners in proportion to the construction area. The owner shall pay in full and on time.

When the owner transfers the property, the remaining part in the maintenance fund account will not be returned and will be transferred to the transferee. Maintenance fund revenue and expenditure accounts, subject to the supervision of the owner.

Chapter IX Property Service Fees and Service Rooms

Fiftieth housing units for sale (including affordable housing and fund-raising cooperative housing) shall provide housing funds for property management to the property management area according to the ratio of 1.5 yuan per square meter of construction area. Use this fund to solve the property management house, which is owned by the owner and used by the property service enterprise free of charge, and is responsible for free maintenance.

Property service housing funds can be spread into the cost of sales.

When the owner transfers the ownership of the property, the share of the property right of the property service room is transferred at the same time.

Without the consent of the owners' committee and the approval of the municipal real estate department, the nature of the use of property services shall not be changed.

Article 51 Property service fees shall be collected from owners and users by property service enterprises in accordance with the provisions on property management service fees.

Property management service charges follow the principles of rationality, openness and adaptability to the management service level, and are subject to government pricing, government guidance price and negotiation and bargaining according to the nature and characteristics of the services provided. The specific management measures shall be formulated separately by the municipal price department in conjunction with the municipal real estate department.

Fifty-second owners should pay the property service fee in full and on time.

For vacant properties that have provided property services but have not yet been sold or properties that have been purchased but have not yet been used, the property owner shall pay the property service fee according to 50% of the normal service fee standard.

Fifty-third property management service fees can be received in advance by agreement, but the period of advance payment shall not exceed 3 months.

Article 54 A realty service enterprise shall announce the items and standards of the realty service fees actually collected to the owners, otherwise the owners have the right not to pay the realty service fees.

The realty service enterprise provides services by itself beyond the scope agreed in the realty service entrustment contract or the charging items. Without the consent of the owners' congress or the owners' committee, the owners may not pay the property service fee.

Fifty-fifth for the designated services of property subject to government pricing, when the government pricing is lower than the average social cost of the designated services, the corresponding property service enterprises shall be exempted from the business tax on this part of the services.

Chapter X Legal Liability

Fifty-sixth owners and users who violate the owners' convention shall bear corresponding civil liabilities. The owners' committee or relevant owners and users may bring a civil lawsuit to the people's court.

If the owner or user fails to pay the property management service fee as agreed in the property service entrustment contract, the property service enterprise may add liquidated damages as agreed or return it according to law.

The realty service enterprise violates the stipulations of the realty service entrustment contract and shall bear the corresponding liability for breach of contract; If losses are caused to the owners and users, they shall be liable for compensation.

Fifty-seventh owners' congress, the owners' congress, the owners' committee made a decision in violation of these rules, the municipal real estate department shall order it to correct or cancel its decision within a time limit, and notify all owners and users.

Article 58 Where a realty service enterprise violates the provisions of Paragraph 1 of Article 19 and Article 22 of these Rules, the municipal real estate department shall order it to go through the formalities within a time limit, and if it fails to do so within the time limit, it shall be ordered to stop the illegal act.

Fifty-ninth in violation of other relevant provisions of these rules, the municipal real estate department shall order it to stop the illegal act and make corrections within a time limit.

Sixtieth housing development and construction units (including affordable housing and fund-raising cooperative housing units) fail to provide property management fees and housing funds for property management in accordance with the provisions of these rules, and the municipal real estate department shall order them to perform within a time limit. Fails to perform within the time limit, the municipal real estate department shall apply to the people's court for compulsory execution.

Article 61 If a realty service enterprise refuses to accept the administrative punishment of the municipal real estate and price administrative department, it may apply for administrative reconsideration or bring a lawsuit to the people's court in accordance with the relevant provisions of the Administrative Procedure Law and the Administrative Reconsideration Law.

If the owners and users are dissatisfied with the property management decisions made by the property service enterprises, they may complain to the Municipal Real Estate Management Bureau in accordance with the relevant provisions of the Administrative Procedure Law and the Administrative Reconsideration Law, and the Municipal Real Estate Management Bureau shall make a ruling. If you are dissatisfied with the ruling, you may apply for administrative reconsideration or bring a lawsuit to the people's court according to law.

If neither applies for reconsideration nor brings a lawsuit to the people's court within the time limit, nor complies with the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Sixty-second city real estate department, the relevant administrative departments of staff fraud, given administrative sanctions by the competent department at a higher level or the unit; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Chapter II XI Supplementary Provisions

Article 63 For residential quarters that are not built according to the planning and design standards, with incomplete supporting facilities and without the basic conditions of property services, the basic conditions of property services should be achieved by making up the historical debts of the development and construction units, using the property service maintenance fund, setting aside a certain proportion of the funds for the sale of public houses, partially contributing by the owners, and investing in the urban construction and maintenance fund.

Sixty-fourth these rules shall be interpreted by the Municipal Real Estate Bureau.

Article 65 These Rules shall come into force as of the date of promulgation.

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