Full text of Wuxi property management regulations

The establishment of the community industry Committee faces many problems, and the property company is worse than the owner. What should I do? There is an industry Committee in the community, but the members of the industry Committee are too selfish to safeguard the interests of most owners. What should I do? In recent years, there have been a lot of contradictions and disputes in the property field of many residential quarters in Wuxi. /kloc-in September, 2000, the Regulations on Property Management in Wuxi was officially implemented, which clearly regulated the establishment, supervision and change of the owners' committee for the first time. Our reporter specially interpreted it.

Clear: the street "takes the lead" in the Preparatory Committee

It is understood that there are currently about 350 registered owners' committees in Wuxi, and there are more than 1 10,000 eligible communities that have not yet established owners' committees.

"In most communities in Wuxi, it is not difficult to set up an owners' meeting because the owners are unfamiliar or not active. "The relevant person in charge of the Municipal Housing and Construction Bureau said that this made it difficult to achieve the requirement of" double half "(that is, the number of owners attending the meeting and the construction area accounted for more than half of the residential area). Individual communities eager to set up industry committees do not hesitate to "create" voting results, leading to later management confusion.

Faced with the "hunger" of many properties, the street will take the lead in preparing the owners' Committee. According to the regulations, if the conditions for the establishment of the owners' meeting are met, the sub-district office shall organize the establishment of the preparatory group for the first owners' meeting within 60 days after receiving the written application from the construction unit or more than ten owners. The preparatory group consists of owners, street offices, construction units, public security police stations and members of community neighborhood committees. The leader of the preparatory group is designated by the sub-district office, and the owners are recommended by the sub-district office.

The establishment of the industry Committee will not only become efficient, but also be more effective. According to the regulations, a phased development and construction project is divided into a property management area. If the preliminary development part meets the statutory requirements, an owners' meeting can be established and an owners' committee can be elected.

Financial management: the management of community funds forms a "closed loop"

The property company serves the owners and the owners' committee supervises the property company, so who will limit the power of the owners' committee? This is a blind spot in the field of property management in the past.

Relevant cases show that individual owners' committees set up accounts in private names, and have huge funds for community business income, and then use the funds at will. Some even organize travel for industry committee members in the name of going out to study, and even use it to distribute "red envelopes". According to the regulations, the use of this fund must be voted by the owners' meeting and used in accordance with the community management statute and rules of procedure, which is not arbitrary.

The new regulations clearly stipulate the financial management of property companies and industry committees, and prohibit members of industry committees from opening such personal accounts. The realty service enterprise and the owners' committee shall, in accordance with the relevant provisions of financial management and accounting, establish and improve the standardized special financial system.

Parking fees, advertising fees and other contradictions in the past concentrated operational income funds management has also formed a closed loop. Managed by the realty service enterprise, it shall be accounted for separately, and accept the supervision of the owners' committee; If it is managed by the owners' committee, it shall open an operating income account in the name of the owners' committee and accept the supervision of the community residents' committee. Operational income's revenue and expenditure should be publicized once every six months in a prominent position in the property management area. "If street management is absent, community owners can reflect it upwards through relevant channels." The person in charge said.

Warning: Credit Management "Escort" for Sustainable Development

In the past, it often happened in many communities: the property company did not provide services as required, which led to the owners' resistance; Once the owner refuses to pay the property fee, it will choke the property service. In the new regulations, the introduction of credit management system has broken this deadlock.

The regulations stipulate that the property project manager has serious acts of dishonesty such as defrauding, misappropriating or encroaching on special maintenance funds; Unauthorized changes in the use of property services, public buildings and facilities within the property management area; Unauthorized occupation and excavation of roads and sites within the property management area; Unauthorized use of some owners * * * and * * operating facilities and equipment in the property management area will be entered into the integrity information system of the project manager, and the affiliated property service enterprises will be entered into the integrity information system of the property service enterprises.

The reporter also noticed that it is worthy of the attention of the owner. According to the regulations, if the owner violates the property service contract or the management agreement and fails to pay the property service fee, it will be recorded in the personal credit file in accordance with the relevant provisions on personal credit information management, which may affect the owner's personal credit and leave the country, and even be exposed like "Lao Lai".

The following is the full text of Wuxi property management regulations:

(Formulated at the 23rd meeting of the Standing Committee of the 15th Wuxi Municipal People's Congress on April 29th and approved at the 16th meeting of the Standing Committee of the 12th Jiangsu Provincial People's Congress on May 29th)

Chapter I General Provisions

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of all parties involved in property management, create a good living and working environment, and promote the construction of a harmonious community, these Regulations are formulated in accordance with People's Republic of China (PRC) Property Law, the State Council Property Management Regulations, Jiangsu Property Management Regulations and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to property management activities and their supervision and management within the administrative area of this Municipality.

Article 3 The municipal, county-level city and district people's governments shall strengthen the leadership and organization of property management, formulate and implement supporting policies, establish a target responsibility mechanism for property management, encourage the adoption of new technologies and methods, and improve the level of property management and service.

Street offices (Town People's Government) shall clearly define the departments and personnel responsible for property management; Guide, assist and supervise property management; Coordinate the relationship between property management and community management, community service, the relationship between the construction unit and the early property service enterprise, and the relationship between the owner and the property service enterprise; Implement the management of old residential quarters and resettlement houses.

Community residents' (village) committees shall assist and cooperate with sub-district offices (town people's governments) to carry out related work of property management.

Fourth city, county-level city, district property management administrative departments responsible for the supervision and management of property management activities within their respective administrative areas.

According to the entrustment of the administrative department of property management, the property management institution undertakes the relevant management work of property management activities.

The relevant departments of cities, county-level cities and districts shall, in accordance with their respective responsibilities, do a good job in the supervision and management of property management activities.

Article 5 The municipal, county-level city and district people's governments shall establish a coordination mechanism for property management to coordinate and solve major problems in property management.

Sub-district offices (town people's governments) shall, jointly with county-level city and district property management administrative departments, establish a joint meeting system with the participation of community neighborhood committees, police stations, owners' committees, property service enterprises and construction units. The joint meeting shall be convened by the sub-district office (town people's government) to coordinate and deal with the problems arising from the general election of the owners' committee and the handover of property service enterprises, as well as other major property management disputes.

Article 6 The realty service industry association shall strengthen the self-discipline management of the industry, formulate industry norms, train employees, standardize the practice behavior, promote the integrity management, and improve the level of realty service.

Chapter II Owners' Congress, Owners' Committee and Property Management Committee

Seventh with the conditions for the establishment of the owners' meeting, the street office (town people's government) shall, within 60 days from the date of receiving the written application from the construction unit or more than ten owners, organize the establishment of the preparatory group for the first owners' meeting.

The preparatory group consists of owners, neighborhood offices (town people's governments), construction units, public security police stations and members of community residents' (village) committees. The leader of the preparatory group is designated by the sub-district office (town people's government), and the members are recommended by the sub-district office (town people's government) to organize the owners. Owners have objections to the members of the preparatory group, by the street office (town people's government) to coordinate and solve.

The recommendation method of the members of the owners in the preparatory group shall be determined by the sub-district office (town people's government), and all the owners shall be informed in advance.

Article 8 Members of the preparatory group shall meet the following conditions:

(1) Having full capacity for civil conduct;

(2) I, my spouse and immediate family members are not employed in an enterprise providing property services in the same property management area;

(three) do not ask for or illegally accept the property of the construction unit or the property service enterprise;

(four) shall not disclose or illegally use the owner's information;

(5) Having a good personal credit record and no criminal record.

In addition to the conditions specified in the preceding paragraph, the owners in the preparatory group shall also abide by the temporary management regulations and pay the property service fee.

Article 9 When convening a meeting of the owners' congress, all owners shall be notified fifteen days before the meeting is held, and neighborhood offices (town people's governments) and community neighborhood committees shall participate in guiding and supervising the voting at the meeting of the owners' congress.

The owners' representatives attending the owners' meeting shall submit written opinions to the owners' meeting.

Tenth divided into a property management area of phased development and construction projects, the early development of the part meets the statutory conditions, you can set up a general meeting of owners, owners of the Committee elected. The first meeting of the owners' congress shall clearly supplement the members of the owners' committee in the rules of procedure of the owners' congress according to factors such as the area and progress of developing the property by stages.

Eleventh members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The owner shall not be a member of the owners' committee under any of the following circumstances; As a member of the owners' committee, it shall be replaced or removed in accordance with the rules determined by the owners' congress:

(1) I, my spouse and immediate family members have a direct interest in the realty service enterprise;

(two) damage to the bearing structure of the house, illegal construction, damage to the appearance of the house, and change the nature of the use of the property without correction;

(3) Failing to pay property service fees or special maintenance funds in accordance with the regulations and failing to make corrections;

(four) illegal rental housing and has not been corrected;

(five) to seek other interests that may hinder the fair performance of duties;

(6) Having a serious bad credit record or criminal record;

(seven) other circumstances stipulated in the rules of procedure of the owners' congress.

Where the membership of the owners' committee is terminated, the archives, seals and other property belonging to all owners shall be handed over to the owners' committee within three days from the date of termination.

Twelfth property management administrative departments shall conduct property management legal and business knowledge training for property management personnel of sub-district offices (town people's governments), members of the preparatory group of the owners' congress and members of the owners' committee, so as to improve the level of property management.

Thirteenth owners' congress and owners' committee shall perform their duties in accordance with the relevant laws and regulations of property management and these regulations.

If the owners' committee fails to organize a meeting of the owners' congress in accordance with the rules of procedure of the owners' congress, the sub-district office (town people's government) may order it to be held within a time limit; If it is not held within the time limit, it shall be organized by the community neighborhood (village) committee under the guidance of the subdistrict office (town people's government).

If a member of the owners' committee is vacant during his term of office, he shall be replaced or re-elected in accordance with the provisions of laws, regulations and the rules of procedure of the owners' congress.

Fourteenth owners committee term expires three months ago, it shall inform the neighborhood offices (Town People's Government) in writing.

Sub-district offices (Town People's Government) shall set up a general election team according to the provisions of Article 7 and Article 8 of this Ordinance, organize a meeting of the owners' congress, and elect a new owners' committee.

During the period from the election of the reelection group to the election of the new owners' committee, the owners' committee shall not organize the owners' general meeting to make decisions on the following matters:

(a) hiring property services companies;

(two) major matters such as property maintenance, renovation and transformation outside the circumstances stipulated in the management statute;

(3) Other major matters.

Article 15 Within 30 days from the date when the new owners' committee is elected by the owners' congress, the original owners' committee shall hand over the relevant documents, files and other materials, seals and other property belonging to all owners to the new owners' committee, and handle the handover procedures. The new owners' committee may request the neighborhood office (town people's government) where the property is located to assist in the handover.

The new owners' committee shall, within thirty days from the date of election, file with the county-level city, district property management administrative department and sub-district office (town people's government) where the property is located.

Article 16 The owners' committee shall examine the working funds and operating income of the previous owners' committee, and may invite the subdistrict office (town people's government) or the community residents' committee for verification, or entrust a third party for audit. The audit results shall be publicized in a prominent position in the property management area.

Seventeenth residential areas in any of the following circumstances, you can set up a property management committee, on behalf of the owners' congress or the owners' committee to perform their duties:

(a) do not have the conditions for the establishment of the owners' meeting;

(two) with the conditions for the establishment of the owners' meeting but not established, the property is located in the county-level city, district property management administrative departments or street offices (town people's government) repeated guidance is still not established; 1 2 3