Regulations of Yangzhou Municipality on Property Management (II)

Regulations of Yangzhou Municipality on Property Management 20 17

(eight) report to the owners' meeting on the use of the working funds of the owners' committee;

(nine) urge the owners and users to abide by the owners' convention and other relevant provisions;

(ten) other duties as prescribed by laws and regulations and entrusted by the owners' meeting.

Article 16 The owners' committee shall be elected by the owners' congress. The number of members of the owners' committee is an odd number of five to fifteen, and the owners' committee may elect one director and one to two deputy directors. The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director, and the meeting must be attended by more than half of the members, and the decision must be agreed by more than half of all the members of the owners' committee.

Members of the owners' committee shall meet the following conditions:

(1) Owners with full capacity for civil conduct within the property management area;

(2) Abide by the relevant laws and regulations of the state;

(three) abide by the rules of procedure of the owners' congress and the owners' convention, and perform the obligations of the owners in an exemplary manner;

(four) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, with social credibility;

(5) Having certain organizational ability;

(6) Having necessary working hours.

Members of the owners' committee shall not serve in the property management enterprises that provide services for the property management area, and shall not use the influence of the owners' committee for personal gain.

Seventeenth owners' committee shall, within thirty days from the date of election, submit the following documents to the local property management administrative department for the record:

(a) the minutes and decisions of the owners' meeting;

(two) the rules of procedure of the owners' congress and the owners' convention deliberated and adopted by the owners' congress;

(three) the list of members of the owners' committee and the basic situation.

The local property management administrative department shall issue a record reply from the owners' congress and the owners' committee and a seal engraving certificate to the owners' committee elected according to law, and the owners' committee shall engrave and use the seal according to law.

The relevant contents of the owners' committee for the record have changed, and shall be re-recorded in accordance with these measures.

Eighteenth owners' convention is a code of conduct on the use, maintenance and management of property, which is signed by the owners and is binding on all owners and users.

Nineteenth members of the owners' committee shall have a term of three years and may be re-elected.

The owners' committee shall, two months before the expiration of its term of office, report in writing to the local property management administrative departments and neighborhood offices (township and town governments), and organize a meeting of owners under its guidance to elect a new owners' committee.

Within ten days from the date when the new owners' committee is elected by the owners' assembly, the original owners' committee shall hand over the property belonging to the owners' assembly, such as relevant financial vouchers, files and other documents and seals, to the new owners' committee, and do other handover work well.

Twentieth there are more than two houses in the same property management area, and owners' groups can be established according to buildings, units and floors. The owners' group consists of all owners of the building, unit and floor.

The owners' group shall perform the following duties:

(a) to discuss matters that should be discussed by the owners' meeting;

(two) to elect representatives to attend the owners' meeting to express the wishes of the owners of this group;

(three) to consider and decide on the use plan of the maintenance funds for the housing parts of this group.

The owners' group meeting can be in the form of collective discussion or written comments.

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

Twenty-second owners' congress and owners' committee shall actively cooperate with relevant community residents' committees to perform their autonomous management duties according to law, support community residents' committees to carry out their work, and accept their guidance and supervision.

Article 23 The funds for the work of the owners' assembly and the owners' committee shall be borne by all owners, and may be charged to the maintenance fund appreciation and operating income of supporting facilities within the property management area upon the decision of the owners' assembly. The decision of the owners' meeting shall include the raising, use, quota and management measures of funds. The relevant expenses for organizing the establishment of the first owners' meeting shall be borne by the development and construction unit.

Chapter III Property Management Enterprises

Twenty-fourth property management enterprises in property management activities, in accordance with the provisions of the law and the contract, enjoy the rights, and bear the corresponding obligations.

Twenty-fifth newly established property management enterprises shall, within 30 days from the date of receiving the business license of enterprise legal person, apply to the municipal property management administrative department for qualification. Property management enterprises must obtain the "Property Management Enterprise Qualification Certificate" in accordance with the relevant provisions before they can engage in property management. Foreign property management enterprises entering this city to engage in property management activities shall go through the registration formalities with the municipal property management administrative department.

Twenty-sixth property management enterprises to implement the quality inspection system. The property management enterprise shall apply to the municipal administrative department of property management for the annual inspection of qualification thirty days before the annual inspection time specified in the qualification certificate.

Twenty-seventh staff engaged in property management, should be in accordance with the relevant provisions of the state, to obtain professional (practice) qualification (post) certificate.

Twenty-eighth property management enterprises in accordance with national and provincial regulations to enjoy preferential policies for the tertiary industry, property management enterprises in line with the conditions of new labor service enterprises, according to the provisions of the relevant preferential tax policies.

Chapter IV Property Services and Charges

Article 29 Before the sale (pre-sale) of newly-built commercial housing, the construction unit shall select a property management enterprise with corresponding qualifications to provide prophase property management services through public bidding, and sign a prophase property service contract. If there are fewer than three bidders or the total area of residential buildings is less than 30,000 square meters and the total area of non-residential buildings is less than 10,000 square meters, with the approval of the property management administrative department where the property is located, a property management enterprise with corresponding qualifications can be selected by agreement. The selected property management enterprise undertakes the prophase property management services from property sales (pre-sale) to the formal signing of the property service contract by the owners' committee.

After the establishment of the owners' congress, the owners' committee shall, according to the decision of the owners' congress, promptly renew or re-employ the property management enterprise and sign a property service contract.

If the owners' meeting has not yet been established and the preliminary realty service contract expires or is terminated, the construction unit shall organize bidding separately in accordance with the service items, service standards and charging standards agreed in the original preliminary realty service contract to implement a new realty management enterprise. The previous property management service agreement signed by the original property management enterprise and the owner will be continued by the new standard enterprise, and the new property management enterprise will no longer sign the previous property management service agreement with the owner.

Article 30 Before the sale (pre-sale) of the property, the construction unit shall refer to the model text of the owners' convention of the Ministry of Construction, formulate a temporary owners' convention in the property management area, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention. And make it clear to the buyers. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners. The temporary owners' convention formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers, and shall be reported to the local property management administrative department for the record.

Article 31 When a newly-built property is sold (pre-sold), the property management enterprise selected by the construction unit shall sign a preliminary property management service agreement with the property buyer according to the preliminary property service contract.

Article 32 The main contents of the realty service contract and the preliminary realty management service agreement include:

(a) the basic situation of the parties and property;

(2) Rights and obligations of both parties;

(three) property management services and service quality requirements;

(four) the items, standards and collection methods of property service charges;

(5) Measures for the use, management and income distribution of property management houses and supporting houses and supporting facilities and equipment;

(six) the use of special maintenance funds;

(seven) the term of validity, termination and dissolution of the contract;

(eight) the liability for breach of contract and the way to resolve disputes;

(9) Other matters agreed by both parties.

Article 33 The property management services specified in the preceding article mainly include the following contents:

(a) the daily maintenance and management of * * * parts of the property and * * * facilities and equipment;

(two) the daily environmental sanitation and greening management in the property management area;

(three) to assist in the management of public security, safety, fire control, transportation and other matters within the property management area;

(4) Property decoration management services;

(five) vehicle parking management in the property management area;

(six) property file management, including engineering drawings, household information, greening management files, takeover acceptance records, maintenance records, etc. Related to property management;

(seven) the management measures of the prohibited behavior in the use of the property;

(eight) account management of maintenance funds;

(9) Special services required by the owner.

The service quality of property management shall be formulated according to the service standard of residential property management in Jiangsu Province, and the service quality beyond the service standard shall be agreed by both parties separately.

Article 34 The domestic garbage in the property management area shall be cleaned by the property management enterprise and collected into the garbage bins (boxes and houses), and the local sanitation department shall be responsible for timely removal. Cleaning and demolition shall not affect the normal life of the owner.

Thirty-fifth sanitation departments shall not charge any fees from the construction units, property management companies and owners except for collecting urban garbage disposal fees according to relevant government regulations.

Thirty-sixth property service charges according to the nature of the property, the content and characteristics of the services provided, respectively, the implementation of government guidance price and market adjustment price.

Ordinary residential public service charges are subject to government guidance. The competent price department shall, jointly with the administrative department of property management, formulate and regularly publish the corresponding benchmark price and its floating range according to the hardware facilities, environment, property management service content and service standards of the property, and gradually transition to the benchmark price of itemized charges. Advocate and guide the determination of public service charges through an open, fair and just market competition mechanism; The standard of public service fees determined through public bidding shall be filed with the competent price department after the bidding. Public service charges that have not been determined through public bidding shall be reported to the competent price department for review in advance.

High-end residential and non-residential public service charges, special services to meet the needs of some owners and users or entrusted, and collection and payment charges are subject to market adjustment prices.

Thirty-seventh property service charges should follow the principles of rationality, openness and consistency of quality and price, and be clearly marked. Property management enterprises shall publish property management service items, standards and charging standards in written form in a prominent position in the property management area.

Thirty-eighth prophase realty service contract from the date of entry into force to the date of delivery of the house for sale, and the realty service fee incurred in that month shall be borne by the construction unit. The property service fee from the month following the delivery date of the house to the month when the preliminary property service contract is terminated shall be borne by the buyer according to the preliminary property service fee standard agreed in the house sales contract; If there is no agreement in the house sales contract, it shall be borne by the construction unit. According to the house sales contract, the property service fee of the house that has reached the delivery conditions and failed to go through the check-in formalities in time due to the buyer's reasons shall be borne by the buyer.

Thirty-ninth property management areas, property management companies to provide parking management services for owners, related fees in accordance with the provisions of the price department. After the establishment of the owners' meeting, the parking and management of vehicles in public places shall be decided by the owners' meeting. If the owner has custody requirements for the vehicle, the owner and the property management enterprise shall sign a custody contract separately.

Special vehicles such as the party, government, army, police, emergency rescue and vehicles moved by the owners shall be parked free of charge in the property management area. Vehicles within the property management area shall be parked in the designated parking spaces, and shall not affect the normal traffic of other vehicles and pedestrians. If parking is not in accordance with the regulations, which affects the smooth flow of roads or the safety of the community, the property management enterprise has the right to move the vehicle or deal with it according to the agreement, and the expenses arising therefrom shall be borne by the parking person.

Fortieth property management area, water supply, power supply, gas supply, heating, sanitation, communications, cable television and other units shall charge the relevant fees to the end users, and take the value displayed by the user's measuring instruments as the basis for charging. End users refer to the end users who receive services such as water supply, power supply, gas supply, heating, sanitation, communication and cable TV. The above-mentioned units can sign paid service contracts with property management companies, and entrust property management companies to collect relevant fees from owners or users. If a property management enterprise accepts the entrustment to collect relevant fees, it shall not collect additional fees such as handling fees from the owners or users. If the property management enterprise does not accept the entrustment, the relevant expenses shall be collected by the above-mentioned units themselves.

Forty-first in order to ensure the normal operation of property management services in the early stage, the development and construction unit shall bear the start-up expenses, early intervention expenses, takeover acceptance expenses and subsidies for insufficient property management services caused by the phased construction of the project. The specific subsidy standard and payment method shall be determined by the development and construction unit and the property management enterprise through consultation according to the project scale, supporting facilities and other factors, and no department or unit may intercept or misappropriate them.

Chapter V Use and Maintenance of Property

Forty-second a property management area has more than two owners, it shall establish a property * * * parts, * * facilities and equipment maintenance fund (hereinafter referred to as the maintenance fund).

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.

Forty-third development and construction units shall not transfer the ownership or use right of property parts alone.