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Regulations of Shenyang Municipality on the Administration of Residential Property

Chapter I General Provisions

Article 1 In order to standardize the property management activities in residential areas, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people, these Provisions are formulated in accordance with the Regulations of the State Council Municipality on Property Management and the actual situation of this Municipality.

Article 2 These Provisions shall apply to residential property management activities within the administrative area of this Municipality.

Article 3 The term "residential property management" as mentioned in these Provisions refers to the activities that the owners of residential areas hire property management enterprises, and the owners and property management enterprises carry out maintenance, conservation, management and repair of houses and their supporting facilities and related sites in accordance with the property service contract.

The term "owner" as mentioned in these Provisions refers to the owner of the house.

The term "property user" as mentioned in these Provisions refers to the lessee or other actual users of the property.

The term "property management enterprise" as mentioned in these Provisions refers to an enterprise established according to law, with independent legal personality and engaged in property management services.

Article 4 The Municipal Real Estate Bureau 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 (city) real estate administrative departments shall be responsible for the supervision and management of property management activities within their respective jurisdictions.

Street offices (Township People's governments) shall supervise and manage the property management activities within their respective jurisdictions; In conjunction with the district and county (city) real estate administrative departments to guide and supervise the establishment and daily work of the owners' congress within their respective jurisdictions; Coordinate the relationship between property management activities and other activities in community management.

The relevant departments of the people's governments of cities, districts and counties (cities) shall perform their responsibilities of property management supervision in accordance with the division of responsibilities and create a good property management environment.

Chapter II Owners' Congress and Owners' Committee

Article 5 The construction unit shall, before handling the "Pre-sale Permit for Commercial Housing" or before the sale of existing houses, put forward the requirements for the division of property management areas to the district and county (city) real estate administrative departments. District, county (city) real estate administrative departments according to the property facilities, construction scale, community construction and other factors to divide the property management area. The construction unit shall inform the buyer of the division of property management areas.

Residential areas built by stages, whose supporting facilities and equipment are used by * * * *, shall be divided into a property management area.

Property management area has not been divided or needs to be adjusted, by the district and county (city) real estate administrative departments in conjunction with the street offices (Township People's government) for division.

Article 6 Only one owners' assembly can be established in a property management area, and the owners' committee can be elected. In the same property management area, if the occupancy rate of residential buildings exceeds 50%, or the first set of residential buildings has been sold and delivered for two years, the community committee will organize owners' representatives and the construction unit to form a preparatory group for the owners' meeting, which will be responsible for the preparation and formation of the owners' meeting.

In the residential area developed and built by stages in the same property management area, the occupancy rate of the owners exceeds 50% in the property management area built in the first phase. Representatives of owners of community organizations and construction units form the preparatory group for the owners' meeting, and set up the owners' meeting and the owners' committee, and jointly elect the members of the owners' committee according to the situation of property construction and owners' occupancy.

Article 7 After the term of office of the owners' committee and the property management committee established before the implementation of these Provisions expires, the owners' assembly and the owners' committee shall be established in accordance with these Provisions and relevant regulations.

Article 8 The number of voting rights of owners at the first meeting of owners' congress shall be calculated according to the number of houses they own, with one vote for each house. The number of voting rights of non-residential property owners in residential areas at the first owners' meeting shall not exceed 100 square meter according to the construction area of the property they own. If there is a separate house ownership certificate, one person has one vote; If it exceeds 100 square meter, every time it exceeds 100 square meter, one vote will be counted, and if it exceeds 100 square meter, it will not be counted.

The voting rights held by a single owner at the owners' meeting shall not exceed 30% of all voting rights, and the remaining voting rights shall be shared with other owners in proportion to the total voting rights of other owners.

Article 9 The owners' meeting may be held in the form of collective discussion or soliciting opinions in writing; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention, the rules of procedure of the owners' congress, the selection and dismissal of property management enterprises must be approved by more than two-thirds of the voting rights held by all owners in the property management area.

The decision made by the owners' congress on the use of special maintenance funds and the renewal plan shall be adopted by more than two-thirds of the voting rights held by all owners involved in the property.

Article 10 The chairman and deputy directors of the owners' committee shall be elected from among the members of the owners' committee. The members of the owners' committee are composed of more than five people in an odd number. The term of office of the members of the owners' committee is three years, and they may be re-elected. If there is any change during the term of office, a by-election shall be held in time.

Members of the owners' committee must fulfill their obligations as owners, be fair and honest.

Article 11 The preparatory group of the owners' meeting shall notify all owners 15 days before the meeting. And inform the district and county (city) real estate administrative departments and sub-district offices (township people's governments) and community neighborhood committees where the property is located.

Twelfth owners' congress, the owners' committee made a decision in violation of laws, regulations and rules, the real estate administrative department shall order it to correct or cancel its decision within a time limit, and notify all owners.

Thirteenth owners' congress and owners' committee shall cooperate with the public security organs and community committees to do a good job in maintaining social order in the property management area.

The owners' congress and the owners' committee shall cooperate with the community committees to perform their autonomous management duties according to law, support the work of the community committees, and accept their guidance and supervision.

When the owners' congress and the owners' committee make a decision, they shall inform the community committee and listen carefully to the suggestions of the community committee.

Chapter III Early Property Management

Article 14 A property management enterprise shall, after obtaining the Business License for Enterprise as a Legal Person issued by the administrative department for industry and commerce, apply to the real estate administrative department of the city or county (city) for property qualification approval. The real estate administrative department shall review the application conditions. Eligible, in accordance with the relevant provisions of the qualification certificate.

Article 15 Before the owners and the owners' congress select and employ property management enterprises, the construction unit shall select and employ property management enterprises with corresponding qualifications through bidding, sign the preliminary property service contract according to law, and the selected property management enterprises will implement the preliminary property management.

Sixteenth residential property construction units, should choose a property management enterprise with corresponding qualifications through bidding; If there are less than three bidders or the residential building area is less than 20,000 square meters, with the approval of the district/county (city) real estate administrative department, a property management enterprise with corresponding qualifications can be selected by agreement.

Seventeenth property management companies and construction units to conduct property acceptance, should be on the property * * * parts, * * facilities and equipment for inspection. The construction unit shall be responsible for the problems found in the inspection, and both parties shall confirm them in writing.

The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state.

Eighteenth for property acceptance procedures, the construction unit shall hand over the following information to the property management enterprise:

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

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

(four) other information necessary for property management, such as property management houses, commercial housing sales contract model text, temporary owners' convention, written commitment, etc.

When the prophase realty service contract is terminated, the realty management enterprise shall hand over the above information to the owners' committee.

Nineteenth construction units in the new property acceptance, should be handed over to the owners' committee completion acceptance data; If the owners' committee has not been established, the information shall be handed over to the property management enterprise.

Twentieth property management companies to undertake the property, found that the property did not pass the acceptance or unqualified acceptance, shall not undertake.

Article 21 The construction unit shall formulate the temporary owners' convention before selling the property, and express and explain it to the buyer when signing the commercial housing sales contract with the buyer. The buyer shall make a written commitment to abide by the temporary convention of the owner.

The temporary owners' convention shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the temporary owners' convention. , shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-second "commercial housing sales contract" signed by the construction unit and the property buyer shall include the contents stipulated in the previous property management service contract. The prophase property management service contract is provided by the construction unit.

Twenty-third construction units should be in accordance with the standard of not less than 0.3% of the total construction area of the property, but not less than 150 square meters.

Property management premises include: property office premises, property cleaning premises, property storage premises, office premises of owners' committee, etc. Among them, the property office space and the office space of the owners' committee should be complete houses above the ground, with water, electricity, heating and other conditions.

No unit or individual may change the use of property management houses. If it is really necessary to change, it shall be approved by the owners' congress and relevant procedures shall be handled according to law.

Twenty-fourth owners enjoy the ownership or right to use the parts and facilities of the property, and the construction unit and the property management enterprise shall not dispose of them without authorization.

Twenty-fifth problems left over from the development and construction in the completed property management area shall be handled by the relevant administrative departments according to law. After the owners' committee and the property management enterprise find out, they shall report to the relevant administrative departments in a timely manner.

Twenty-sixth property management companies should submit the information of property management companies, property service contracts, undertaking properties, service contents, charging standards and other materials to the district and county (city) real estate administrative departments where the property is located.

Chapter IV Property Management Services

Twenty-seventh owners' congress may select and employ property management enterprises with corresponding qualifications through bidding or agreement. The owners' committee shall conclude a realty service contract with the realty management enterprise selected by the owners' congress.

The signing of the realty service contract can refer to the model text of the Ministry of Construction, and stipulate the scope of realty service, service items, charging standards, rights and obligations of both parties, liability for breach of contract, etc.

Twenty-eighth property service charges are subject to government guidance and market adjustment. In the early stage of property management, the construction unit and the hired property management enterprise shall negotiate the government-guided price set by the price administrative department and negotiate the charging standard; After the establishment of the owners' congress, the owners' committee and the property management enterprise shall agree on the charging standards through consultation. The property management enterprise shall report the agreed price to the price administrative department for the record.

Property management companies can provide services beyond those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be determined by both parties through consultation.

Property management enterprises shall publish property service items and their service standards in written form within the property management area.

Twenty-ninth owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

For the property that has been sold and occupied, the property buyer shall pay the property service fee in full.

Thirtieth property management enterprises shall assist the public security organs to do a good job in the security work within the property management area. Property management companies can hire professional security personnel or other personnel. Other personnel should be qualified through professional training. The employed security personnel shall accept the supervision and management of the public security organs.

Article 31 If a property management enterprise terminates the contract in advance, it shall notify the owners' committee within 60 days before the termination, and inform the owners' committee in writing of the reasons for its withdrawal, and report to the real estate administrative department where the property is located, and can withdraw only after it is agreed and handed over in accordance with the regulations.

Thirty-second property management companies shall not entrust all property management matters within the property management area to others.

Article 33 In residential areas where property management is implemented, if the property management enterprise terminates the contract in advance, the community committee shall manage the environmental sanitation and garbage collection of the residential areas; in residential areas where property management is not implemented, it shall be charged according to the standard of health fees until the owners' meeting selects a new property management enterprise.

Chapter V Use and Maintenance of Property

Thirty-fourth the following acts are prohibited in the use of property:

(a) damage to the load-bearing structure of the house;

(two) damage or unauthorized occupation of * * * property parts, * * * facilities and equipment, mobile * * * equipment;

(three) damage to the appearance of the house;

(four) illegal construction of buildings and structures;

(five) changing the nature of the use of the property without authorization;

(six) occupation of green space, damage to flowers and trees;

(7) Parking vehicles at will;

(8) stacking, dumping or discarding garbage and sundries at will;

(nine) in violation of the provisions of the production and storage of flammable, explosive, toxic, radioactive substances, toxic and harmful substances or produce noise exceeding the prescribed standards;

(ten) set up stalls without authorization;

(eleven) other acts prohibited by laws, regulations and rules.

Owners, owners' committees and property management enterprises may discourage or stop the acts mentioned in the preceding paragraph. Refuses to correct, it shall report to the relevant administrative departments. The relevant administrative departments shall handle it according to law.

Thirty-fifth water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities in the property management area according to law. The responsibilities are divided as follows:

(1) water supply facilities: the water supply company is responsible for the first valve of the water inlet pipeline and the outer part of the valve, and the owner is responsible for the inner part.

(2) Drainage facilities: The owner shall be responsible for the drainage pipes and manholes (except municipal pipes) within the planning red line of the residential area; The municipal department is responsible for the rest. Septic tanks in residential areas shall be cleaned and dismantled by the owners themselves.

(3) Gas supply facilities: The gas department is responsible for maintenance, renovation and reconstruction, and the expenses shall be implemented according to relevant regulations.

(4) Heating facilities: heating enterprises are responsible.

(V) Power supply facilities: the demarcation point of overhead line maintenance and management is the cross arm of the external wall of the building (if there is no cross arm, it is bounded by the cable joint of the external wall of the building), and the owner is responsible for the maintenance and management of external power facilities (including the user meters in the building). The power supply department is responsible for the maintenance and management of low-voltage lines and main power distribution cabinets (including user meters) configured in box-type substations and box-type transformers, and the owner is responsible for the power distribution facilities within 200mm below the load side of the main power distribution cabinets.

(6) Communication facilities: the communication department is responsible.

(7) Cable TV facilities: The cable TV department is responsible.

If the owner is responsible for the maintenance, he may entrust the property management enterprise to carry out the maintenance.

Thirty-sixth no unit or individual may occupy or dig roads and sites within the property management area without authorization. If it is really necessary to temporarily occupy or dig roads or sites, the owners and property management companies shall obtain the consent of the owners' committee; Other units or individuals shall obtain the consent of the owners' committee and the property management enterprise in advance. After the temporary occupation and excavation of roads and sites are completed, they should be restored to their original state in time, and compensation should be made if losses are caused.

Article 37 The parking, charging and management of all vehicles in * * * shall be decided by the owners' meeting. If the owners' congress decides to charge for parking vehicles, it may refer to the charging standards stipulated by the price department. Before the establishment of the owners' congress, if vehicles are parked in the property management area, the charging standard shall be implemented in accordance with the provisions of the price department. If the owner has custody requirements for the vehicle, the owner and the property management enterprise shall sign a custody contract separately.

Public security, fire fighting, emergency rescue, ambulance, sanitation and other special vehicles are parked in the property management area when performing official duties, and no charge is allowed.

Parking vehicles in the property management area shall not affect the normal traffic of other vehicles and pedestrians.

Thirty-eighth owners should inform the property management enterprise in advance when decorating the house. The property management enterprise shall inform the owner in writing of the prohibited acts and matters needing attention in the house decoration.

Property management companies find that owners and users have violated laws, regulations, rules or owners' convention (owners' temporary convention) in the process of property use and decoration, and should promptly discourage and stop them in accordance with relevant regulations or agreements. Refuses to correct, it shall promptly report to the owners' committee and the relevant administrative departments.

Thirty-ninth property occupied parts, facilities and equipment have security risks, endangering public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintenance, and the relevant owners shall cooperate.

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

If the responsible person fails to perform the maintenance obligation and causes losses to other owners, the responsible person shall be liable for compensation.

Fortieth property management area * * * with parts, * * with equipment and facilities there are security risks, endangering public interests and the legitimate rights and interests of others, property management companies should immediately repair, the relevant owners should cooperate.

Article 41 The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with the single structure of residential buildings shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Chapter VI Legal Liability

Forty-second in violation of these provisions, the city management administrative law enforcement departments and real estate administrative departments and relevant departments shall implement punishment and management in accordance with the division of responsibilities. If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) If a residential property construction unit fails to employ a property management enterprise through bidding or employs a property management enterprise through agreement without approval, it shall be ordered to make corrections within a time limit, given a warning and may be fined up to 654.38 million yuan.

(two) if the construction unit arbitrarily disposes of the ownership or right to use the parts and facilities belonging to the owner, it shall be fined between 50 thousand yuan and 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

(three) do not hand over the relevant information, shall be ordered to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property management enterprise shall be notified, and a fine of 65,438 yuan or more and 65,438+10,000 yuan or less shall be imposed.

(four) engaged in property management without obtaining the qualification certificate, confiscate the illegal income, and impose a fine of 50 thousand yuan and 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

(five) misappropriation of special maintenance funds, to recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the amount of misappropriation; Property management companies misappropriate special maintenance funds, and if the circumstances are serious, their qualification certificates shall be revoked.

(VI) If the construction unit fails to allocate the necessary property management premises in the property management area according to the regulations, it shall be ordered to make corrections within a time limit, given a warning, confiscate the illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.

(seven) without the consent of the owners' meeting, the property management enterprise changes the purpose of the property management house without authorization, and shall be ordered to make corrections within a time limit, given a warning, and fined 1 10,000 yuan or more 1 10,000 yuan or less; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

(eight) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities; Unauthorized occupation and excavation of roads and sites within the property management area, which damages the interests of the owners; Unauthorized use of * * * parts of the property and * * * facilities and equipment for business shall be ordered to make corrections within a time limit and given a warning. A fine of 1000 yuan or more 1000 yuan or less shall be imposed on individuals, and a fine of 50,000 yuan or more and 200,000 yuan or less shall be imposed on units. The proceeds will be used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest will be used according to the decision of the owners' meeting.

(9) If the construction unit fails to perform or delays the performance of the warranty obligations, it shall be ordered to make corrections, and be fined between 654.38 million yuan and 200,000 yuan, and shall be liable for the losses caused by quality defects during the warranty period.

(10) If a property management enterprise entrusts all property management within a property management area to others, it shall be ordered to make corrections within a time limit and be fined between 30% and 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

Article 43 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 it within a time limit and pay the overdue fine in accordance with the regulations; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Forty-fourth owners in the name of the owners' congress or the owners' committee, engaged in activities in violation of laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.

Article 45 If, in violation of these regulations, the staff of the real estate administrative department or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VII Supplementary Provisions

Forty-sixth non residential property management activities can be implemented with reference to these provisions.

Article 47 The areas mentioned in these Provisions include New District, Shenyang Economic and Technological Development Zone, Hunnan Development Zone, Financial and Trade Development Zone, Qipanshan International Scenic Tourism Development Zone and Shenyang Agricultural High-tech Development Zone.

Article 48 These Provisions shall come into force as of the date of promulgation.