Full text of Huizhou property management regulations

Regulations of Huizhou Municipality on Property Management (full text)

The Measures for the Implementation of Property Service Charge Management in Huizhou City, which was adopted at the 28th executive meeting of 10, August 9, 20 10, is hereby promulgated and shall come into force as of June 0/0.

Mayor: Li Ruqiu.

20 10 September 8th

Measures for the implementation of Huizhou Municipality on the management of property service charges

Article 1 In order to regulate the charging behavior of property services in our city and protect the legitimate rights and interests of owners and property service enterprises, according to the implementation of Guangdong Province,

Article 2 These Measures shall apply to property service charges within the administrative area of this Municipality.

Article 3 The term "property service charges" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities and related sites within the property management area, and for maintaining environmental sanitation and order.

Article 4 Property service charges shall follow the principles of reasonableness, openness and adaptability to service level.

Fifth municipal price departments in conjunction with the municipal real estate departments responsible for the management and supervision of the city's property service charges.

County and district price departments in conjunction with the real estate departments at the same level are responsible for the management and supervision of property service charges within their respective administrative areas.

Article 6 Owners and realty service enterprises may agree on realty service charges in the form of contract system or gratuity system.

Contract system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit or loss is enjoyed or borne by the property service enterprise.

The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

Seventh property service charges according to the nature and characteristics of different properties, respectively, the implementation of government guidance price and market adjustment price.

Before the establishment of the owners' congress, the residential property service charges (including all parking spaces and garages owned by the owners) were subject to government guidance prices. After the establishment of the owners' congress, the property service charges for villas, non-residential houses and houses (including parking spaces and garages owned by the owners) shall be subject to market adjustment prices.

Article 8 For property service charges subject to government-guided prices, according to the principle of territorial management, the municipal price department shall, jointly with the municipal real estate department, set the benchmark price and floating range within Huicheng District and Zhong Kai High-tech Zone according to different types and service contents. In other counties and districts, the local price department shall, jointly with the real estate department at the same level, formulate the local benchmark price and floating range, and send a copy to the municipal price department and the municipal real estate department for the record.

The government-guided price of property service charges should be adjusted in a timely manner according to factors such as the cost of property services, the affordability of owners and social and economic development.

The formulation or adjustment of government-guided prices for property service charges shall be subject to cost supervision and examination.

Ninth property service fees shall be determined according to the nature and characteristics of different properties, different management stages, different service methods and different service levels.

(a) before the establishment of the owners' congress, the property service charges shall be determined according to the following provisions:

1. For newly-built residential property, the construction unit shall, by means of bidding or agreement, legally select property service enterprises to provide preliminary property management services. Before the sale of the property, the preliminary realty service fee shall be determined through consultation between the construction unit and the realty service enterprise selected by it according to the realty service level within the scope of government guidance price, and a written preliminary realty service contract shall be signed and reported to the local price department for the record. The realty service enterprise responsible for the prophase realty management service shall sign a realty service contract with the owner when the construction unit delivers the property to the property buyer.

2. For newly-built houses, if the pre-property service charges really need to exceed the government-guided price level, the property service enterprise shall apply to the local price department, and the local price department shall jointly with the real estate department for approval.

3. If the property service charges need to be adjusted due to cost changes and other reasons after the owners move in, the property service enterprises and all owners shall determine through consultation within the scope of government-guided prices according to the actual situation of property services, and sign a supplementary agreement on property services with the owners and report it to the local price authorities for the record.

(two) after the establishment of the owners' meeting, the residential property service charges shall be decided by the owners' meeting. The owners' committee and the realty service enterprise sign the realty service contract. If it is necessary to adjust the charging standard of property services due to cost changes and other reasons, it shall be implemented in accordance with the relevant provisions of the Regulations of Guangdong Province on Property Management.

(three) villa, other non residential property service charges determined by the property service enterprises and owners, and signed a written property service contract.

Article 10 Where the fee system is implemented for property service charges, the proportion or amount of the fee shall be determined through consultation between the property service enterprise and the owners.

Eleventh preliminary realty service contract shall specify the level of realty service, charging items, charging standards, charging methods and charging start time. The property service charges stipulated in the preliminary property service contract of new residential buildings must be publicized in a prominent position in the trading place from the day before the property sale to the end of the sale.

The sales contract signed by the construction unit and the property buyer shall include the property service fee agreed in the previous property service contract.

Article 12 Before the sale of the property, the construction unit shall formulate a temporary management agreement, 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 the owner should bear in violation of the temporary management agreement, and express and explain it to the property buyer. Temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers. The owner shall make a written commitment to abide by the temporary management regulations.

Thirteenth the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the profits of property service enterprises.

The implementation of the property service fee system, the property service funds received in advance include property service expenditure and property service enterprise remuneration.

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