Chapter IV Jiangxi Province Property Management Regulations Property Management Services

Forty-sixth property service enterprises shall have corresponding qualifications in accordance with the provisions of the state, and shall not undertake property service business beyond the qualification level. The qualification certificate of the realty service enterprise shall not be transferred, leased or lent.

Where a realty service enterprise undertakes realty service projects in an unrecorded place, it shall file with the real estate administrative department of the people's government of the city or county (District) where the property is located.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with state regulations. The professional qualification certificate shall not be transferred, leased or lent.

The real estate administrative departments of the people's governments at or above the county level shall strengthen the construction of professional talents in property management and establish credit files for property service enterprises and their managers.

Article 47 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.

After the signing of the realty service contract, the owners' committee shall publicize or distribute it to the owners, and the realty service enterprise shall provide the owners with the realty service manual.

If there is only one owner or a few owners and all the owners agree unanimously, the owners can directly hire a property service enterprise and sign a property service contract.

The realty service enterprise shall, within ten days from the date of signing the realty service contract, file with the real estate administrative department of the people's government of the city or county (District) where the property is located.

Article 48 A realty service contract shall include the following contents:

(a) the scope and basic situation of the property management area;

(2) Term of the realty service contract;

(3) Quality standards of property services;

(four) the standard and method of collecting property service fees, and the time of income and expenditure of property service fees;

(five) the use, management and maintenance of * * * parts of the property and * * * facilities and equipment;

(six) environmental sanitation cleaning and public greening and facilities maintenance management;

(seven) to register foreign personnel and vehicles, patrol regularly, manage video surveillance devices, and maintain community order and safety;

(8) Vehicle parking management;

(nine) the management of property maintenance, conservation, renewal and renovation costs;

(ten) keeping property services, financial files and property files;

(eleven) the conditions for the termination and rescission of the realty service contract;

(twelve) other property management matters agreed by both parties;

(13) Liability for breach of contract.

Article 49 A realty service enterprise shall perform the following obligations:

(a) to improve the quality and level of service for the purpose of serving the owners;

(two) according to the property service contract, provide daily maintenance services for safety, sanitation, greening, * * * parts and * * * facilities and equipment;

(three) regularly announce the income and expenditure of property service fees to the owners;

(four) accept the supervision of the owners' committee and the owners;

(five) to assist the relevant departments to provide community services and carry out community cultural and sports activities;

(six) to inform, discourage and report the prohibited acts in the use of the property;

(seven) to provide the owners with paid services such as water, electricity and gas maintenance;

(eight) to assist in the mediation of property disputes between owners;

(nine) other obligations stipulated by laws and regulations or agreed in the realty service contract.

Article 50 A realty service enterprise may, in accordance with the stipulations of the realty service contract, hire professional operators to undertake special services such as maintenance and inspection of elevators, lightning protection devices and fire fighting equipment, cleaning and sanitation, landscaping and engineering construction. , but shall not entrust or transfer all the property services within the property management area to other units or individuals.

Article 51 A realty service enterprise shall provide services in accordance with the stipulations in the realty service contract and the relevant national norms and standards for realty service, strengthen the daily inspection of the use parts of the property and the operation conditions of facilities, and entrust a testing institution with corresponding qualifications to conduct regular testing of special equipment such as elevators and pressure vessels in accordance with the provisions of laws and regulations; And in the fourth quarter of each year, report in writing to the owners' committee on the operation status of the parts and facilities used in the property.

Article 52 A realty service enterprise shall, in accordance with the relevant provisions of the neighborhood offices where the property is located and the Township People's Government on comprehensive management of social security, assist in the safety prevention work within the property management area, formulate emergency plans for safety prevention, take emergency measures for emergencies, report to the relevant competent departments and units in a timely manner, and assist in the rescue work.

Employees of property service enterprises shall not infringe upon the legitimate rights and interests of citizens when maintaining public order in the property management area.

The realty service enterprise shall register the foreign personnel and vehicles entering and leaving the realty management area, and regularly inspect the realty management area. The video monitoring device installed in the property management area, the property service enterprise shall send people to monitor, and save the relevant data in accordance with the relevant provisions of the state and the province. Electronic probes and snapshot facilities at entrances, exits, elevators, roads and main passages in the property management area. The realty service enterprise shall carry out regular maintenance to ensure its normal operation.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 53 A realty service enterprise shall establish and keep the following archives for the owners' committee to consult:

(a) * * * part of business management documents;

(two) monitoring system, elevator, fire, water pump, lightning protection device, electronic security door and other facilities and civil air defense engineering protection facilities files and their operation, maintenance, maintenance, testing records;

(three) water tank cleaning records and water tank inspection report;

(four) housing decoration management information;

(5) List of owners;

(six) water supply, power supply, gas supply, heating, garbage removal, communication, cable TV coverage and other written agreements. Signed by the realty service enterprise or the construction unit and the relevant units;

(seven) other important information related to the interests of the owners formed in the property service activities.

Fifty-fourth property service charges are subject to government guidance and market adjustment. Residential property service charges are subject to government guidance; Property service charges for other types of properties shall be subject to market-adjusted prices.

If the property service charges are subject to government-guided prices, the competent price department of the people's government at or above the county level shall, jointly with the real estate department at the same level, formulate corresponding benchmark prices and floating ranges in a timely manner according to the changes of residential property types, service contents, service levels and price indexes, and announce them to the public. The specific charging standard shall be agreed by the owner and the realty service enterprise in the realty service contract according to the benchmark price and floating range.

If the property service charges are regulated by the market, the owners and the property service enterprises shall stipulate in the property service contract.

The realty service enterprise shall clearly mark the price in accordance with the provisions of the competent price department of the people's government at or above the county level, and publicize the charging standards and items in a prominent position within the realty management area.

Article 55 If the house has been delivered to the owner, the property service fee shall be borne by the owner. If the house is not delivered to the owner, the property service fee shall be borne by the construction unit.

The construction unit shall limit the time for the purchaser to handle the delivery formalities to not less than two months.

Fifty-sixth owners should pay the property service fee in accordance with the provisions of the property service contract. When the ownership of the house is transferred, the owner shall settle the property service fee with the property service enterprise. 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.

The operating expenses of elevators, power supply and secondary water supply facilities are not included in the cost of property services, and the property service enterprise shall share them fairly and reasonably with the relevant owners according to the actual expenses and agreed expenses, and publish them regularly.

Fifty-seventh property management area, water supply, power supply, gas supply, heating, communications, cable television and other enterprises should provide on-site services for end users. The cost of landscaping water in the property management area shall be charged in accordance with the standards that meet the nature of its use. In residential buildings, elevators, corridor lighting, garages (parking lots), secondary water supply, central air conditioning, electronic intercom doors and other ancillary facilities that directly serve residents' lives use electricity, and the price of electricity for residents' lives is implemented; The electricity consumption of ancillary facilities outside the building shall be subject to the corresponding electricity price according to its actual electricity consumption nature.

Water supply, power supply, gas supply, heating, communication, cable TV and other enterprises may entrust property service enterprises to collect relevant fees and pay handling fees in accordance with the agreement.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Fifty-eighth three months before the expiration of the realty service contract, the owners' committee shall organize the owners' meeting to make a decision on renewing or hiring other realty service enterprises, and inform the realty service enterprises of the decision in writing. If the owners' congress decides to renew the employment and the realty service enterprise accepts it, the owners' committee and the realty service enterprise shall re-sign the realty service contract before the expiration of the realty service contract.

After the expiration of the realty service contract, the realty service enterprise shall notify the owners' committee in writing three months in advance if it no longer provides realty service for the realty management area. Before the termination of the realty service contract, the realty service enterprise shall not stop the service without authorization.

After the expiration of the term of the realty service contract, the owners' meeting has not made a decision to renew or select other realty service enterprises, and the realty service enterprises continue to provide services in accordance with the original contract, the rights and obligations of the original contract will continue. During the extension of contract rights and obligations, either party shall notify the other party in writing three months in advance if it proposes to terminate the contract.

Fifty-ninth when the realty service contract is terminated, the realty service enterprise shall return the following materials and property to the owners' committee:

(a) the information stipulated in the first paragraph of Article 35 and Article 53 of these Regulations;

(2) Property management places;

(three) technical information about property renovation, maintenance and conservation during the property service period;

(four) the fixed facilities and equipment allocated by the owners during the property service period;

(five) other property and materials that should be handed over.

When a newly-selected realty service enterprise undertakes the realty, the owners' committee shall hand over the materials and property specified in the preceding paragraph to the realty service enterprise, and the owners' committee shall not refuse to hand over.

Article 60 When the owners' meeting selects a new realty service enterprise, the original realty service enterprise shall make a good handover with the owners' committee, and the new realty service enterprise shall enter the realty management area to provide services according to the time agreed in the contract.

Article 61 The real estate administrative department of the people's government at or above the county level shall formulate the norms and grade standards of property services, strengthen the supervision and management of property service enterprises, regularly assess their qualifications and service quality, and promote the property service enterprises to improve their service level.

The real estate departments of the people's governments at or above the county level shall listen to the opinions of the owners and the neighborhood offices and township people's governments where the property is located when assessing the qualifications and service quality of the property service enterprises.

Article 62 The real estate administrative department of the people's government at or above the county level shall establish a system for accepting property management complaints, and shall investigate and handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities within 15 days from the date of acceptance, and reply the investigation or handling results to the complainant; If it is the responsibility of other departments or units, it shall be transferred to the relevant departments or units in time and inform the complainant.

Sixty-third people's governments at or above the county level shall establish a comprehensive coordination mechanism for property management through joint meetings and other means.

The joint meeting of property management shall be convened by the real estate administrative department of the people's government of the city or county (district) jointly with the subdistrict office and the township people's government, and attended by urban management, public security and other departments, community residents' committees, villagers' committees, property service enterprises, professional operators, owners' committees or owners' representatives.

The joint meeting of property management mainly coordinates and solves the following matters:

(a) the owners' committee fails to perform its duties according to law;

(two) the problems in the process of the change of the owners' committee;

(three) major issues in the performance of the property service contract;

(four) the problems in the process of change and handover of the property service enterprise;

(five) other major issues that need to be resolved through coordination.