Full text of property management regulations of Guangxi Zhuang Autonomous Region (2)

Regulations of Guangxi Zhuang Autonomous Region on Property Management (Full Text)

Chapter III Property Services

Twenty-third enterprises engaged in property service activities shall obtain the qualification certificate of property service enterprises in accordance with state regulations, and undertake property services within the scope permitted by the qualification certificate. 

Personnel engaged in property management shall obtain professional qualification certificates in accordance with state regulations. 

Twenty-fourth a property management area is provided with property services by a property service enterprise. 

When hiring a realty service enterprise, the owners' congress may require the realty service enterprise to provide credit records. 

When accepting the employment of property services, a property service enterprise shall conclude a property service contract with the owner. 

Article 25 A realty service contract (including the prophase realty service contract) shall include the following contents:

(a) the regional scope of property management; 

(two) the use, management and maintenance of * * * parts and facilities; 

(three) the business scope and income distribution ratio of the use of XXX parts and XXX facilities and equipment; 

(4) Maintenance of public greening and cleaning of public areas; 

(5) Maintaining public order, managing vehicle parking and taking safety precautions; 

(six) the quality standards, charging methods and standards of property services; 

(seven) the configuration, use, maintenance and management of property service facilities; 

(eight) decoration management services; 

(nine) keeping property service files and property files; 

(ten) the management and use of special maintenance funds; 

(eleven) the rights and obligations of both parties; 

(12) Term of the contract; 

(13) Conditions for termination and rescission of the contract; 

(14) Liability for breach of contract; 

(15) Other matters. 

The administrative department of housing and urban and rural construction of the autonomous region government shall publish the model text of the property service contract. 

Twenty-sixth property services shall meet the following requirements:

(a) in accordance with the property service contract, the relevant national and autonomous regional property service standards, the implementation of property services; 

(2) Before using the property, the owner and the user of the property shall inform the owner and the user of the relevant provisions of the property, the usage method, maintenance requirements and matters needing attention of the facilities and equipment; 

(three) according to the actual situation of the property management area to provide the required guard, patrol, order maintenance and other services, establish and improve the management system of public security emergency plan, do a good job in public security work in the property management area; 

(4) Regularly maintain the * * * used parts and facilities of the property. When the damaged parts, facilities and equipment of the property are found, protective measures shall be taken immediately and maintenance shall be carried out in accordance with the property service contract; 

(5) Keep records of property maintenance, maintenance, renewal and expenses, regularly announce the income and expenditure of property service fees and the use of facilities and equipment in the * * * area to the owners, and properly keep property files and relevant financial books; 

(six) to listen to the opinions of the owners' committee, owners and property users, and to improve and perfect the property services; 

(seven) found in violation of these regulations or management regulations, immediately discourage and stop, and report to the owners' committee and the relevant administrative departments, and cooperate with the relevant administrative departments to enforce the law; 

(eight) other requirements stipulated by laws and regulations and the realty service contract. 

Twenty-seventh in any of the following circumstances, the realty service enterprise shall withdraw from the realty service:

(1) Termination of the realty service contract; 

(two) the termination of the property service contract; 

(three) the realty service enterprise shall not continue to engage in realty service activities according to law. 

Twenty-eighth termination or dissolution of the property service contract, should fulfill the obligation to inform according to the contract; If the notice period is not stipulated in the contract, it shall be notified 60 days in advance. 

Within ten days from the date of termination or rescission of the realty service contract, the realty service enterprise and the owners' committee shall handle the following handover matters:

(a) the transfer of all property files as stipulated in Article 40 of these regulations; 

(two) the transfer of property service files formed in the property service; 

(three) the transfer of property services and other houses, venues and properties owned by the owners; 

(four) the transfer of property facilities and equipment and their renovation, maintenance, operation and maintenance of the relevant information; 

(five) to clean up the related expenses of advance collection, collection and overdue collection; 

(6) Other handover matters. 

Without going through the exit handover procedures, the realty service enterprise shall not leave the realty management area or stop the realty service. 

Article 29 When a realty service enterprise withdraws from the realty management area, if the owners' meeting fails to select a new realty service enterprise in time, the owners' meeting or the owners' committee may temporarily select a realty service enterprise. 

Thirtieth property service enterprises shall not carry out the following activities in the property management area:

(a) unauthorized changes to the property * * * housing parts, * * housing facilities and equipment planning purposes; 

(two) without permission or acquiescence, others use * * * parts and facilities for advertising; 

(3) setting up business stalls without authorization; 

(four) to collect fees without the approval of the competent price department; 

(five) without permission or acquiescence, others use * * * spare parts, * * facilities and equipment to engage in franchise business and collect fees; 

(six) to the owners, property users designated decoration enterprises or forced to sell decoration materials; 

(seven) to raise the parking fee standard of public parking spaces without authorization; 

(eight) other activities unrelated to property services. 

Article 31 The real estate administrative department of the government at or above the county level shall strengthen the professional training and integrity education for the property service enterprises and their employees, establish and improve the integrity files of the property service enterprises and employees according to the performance of the property service contracts, the handling of property complaints and daily inspections, and provide inquiry services to the society. 

Chapter IV Property Management

Thirty-second division of property management areas should be based on the scope of the red line map determined by the construction land planning permit, taking into account the building scale, facilities and equipment, community construction and other factors. , by the county government real estate administrative departments in conjunction with the township government, neighborhood offices, residents' committees designated. 

If the construction project has been divided into two or more independent courtyards or enclosed areas according to the plan, it can be divided into independent property management areas respectively under the condition that the management and maintenance responsibilities of ancillary facilities and equipment are clearly defined and the use function is not affected. 

Those that affect the safety of fire exits, shelters, gas use, building entrances and exits, elevator use and * * * functional facilities and equipment shall not be divided into independent property management areas. 

Article 33 Before going through the sales procedures, the commercial housing construction unit shall apply to the real estate administrative department of the county-level government where the project is located for the division of property management areas with the approval or filing documents of the construction project, the planning permit for construction land, the certificate of the right to use the construction land, the project planning and design scheme and other materials. The real estate administrative department shall, within twenty days from the date of receiving the application, divide the property management areas in accordance with the provisions of Article 32 of these regulations. 

After the property management area is demarcated, the construction unit shall, when selling the house, express the demarcated property management area to the buyer in the form of pictures and texts, and take it as an annex to the sales contract. The express contents include:

(a) the scope of the property management area; 

(two) the name, location and area of the above-ground and underground real estate; 

(three) the area and location of public places and public greening; 

(four) the number and location of public parking spaces; 

(five) the basement, ground construction area and its ownership; 

(six) the area and location of the property service room and the office space of the owners' committee; 

(seven) the name and ownership of the facilities and equipment used by * * *; 

(eight) other places and facilities that need to be clearly stated. 

Thirty-fourth the construction unit shall clearly indicate the location and area of the property service room in the planning and construction report, and incorporate it into the construction plan, and design, construct and deliver it simultaneously. 

The construction area of the realty service building is not less than two thousandths of the total construction area specified in the construction project planning permit, and not less than eighty square meters. 

Property services should be above the ground, with water, electricity, ventilation, lighting, simple decoration and other conditions. 

Article 35 The commercial housing construction unit shall, before handling the pre-sale permit or existing home sales for the record, select a realty service enterprise with corresponding qualifications through bidding to implement the prophase realty service, and formulate a temporary management agreement. 

For residential properties with less than three bidders or a construction area of less than 30,000 square meters, with the approval of the real estate administrative department of the county-level government, a property service enterprise with corresponding qualifications can be selected by agreement. 

Article 36 Before the owners and the owners' meeting select and employ the realty service enterprise, the construction unit shall sign the preliminary realty service contract with the selected realty service enterprise, and report it to the county-level government real estate administrative department and the price administrative department for the record within 15 days from the date of signing the contract. 

When signing a property sales contract with the buyer, the construction unit shall take the temporary management agreement and the preliminary property service contract as annexes to the sales contract. The buyer shall abide by the temporary management agreement and perform the preliminary property service contract. 

Thirty-seventh new property construction units shall, in accordance with the warranty period and scope stipulated by the state and the autonomous region, undertake the warranty responsibility of the property, and publish the warranty contact number and address in the property management area. 

The realty service enterprise shall assist the owners or the owners' committee to contact the construction unit to implement the warranty responsibility. 

Thirty-eighth from the date of signing the preliminary property service contract to the date of delivery of the property, the property construction unit shall bear the cost of the preliminary property service; From the delivery date of the property to the termination date of the prophase property service contract, the prophase property service fee shall be borne by the property construction unit and the buyer in accordance with the stipulations of the property sales contract. When the property is delivered for use, unless otherwise agreed in the property sales contract, the property service enterprise shall not charge the buyer any fees. 

Article 39 When the management protocol adopted by the owners' meeting comes into effect, the temporary management protocol shall be terminated. 

Fortieth the construction unit or the owners' committee shall hand over the following property files when handling the property acceptance formalities with the property service enterprise:

(a) the approval documents of the construction project; 

(two) a list of all kinds of buildings, sites, facilities and equipment; 

(three) 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; 

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

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

(6) List of houses, sites, facilities and equipment owned by the owner; 

(7) Other relevant information. 

The construction unit of the newly-built property shall also, within 90 days after the completion and acceptance of the property, report the property files specified in the preceding paragraph to the real estate administrative department of the county-level government for the record. 

Forty-first before delivering the property to the owners, the construction unit shall install independent water and electricity metering devices for the houses, parts and facilities for property services. 

Forty-second construction units shall announce the number and price of planned garages and parking spaces in the property management area when selling houses in advance or now. 

The garages and parking spaces used by the construction unit for sale shall be sold simultaneously with the houses, and they shall be pre-sold or put on record before sale, except for the garages and parking spaces set by the owners in the property management area according to the plan. 

Forty-third garages and parking spaces planned for parking cars in the property management area shall give priority to the sale and lease to the owners in the property management area. 

When the number of garages and parking spaces is equal to or less than the number of houses in the property management area, the construction unit shall not transfer or lease the garages and parking spaces to people other than the owners in the property management area. 

In violation of the provisions of the second paragraph, the real estate registration department shall not handle the registration and transfer procedures. 

Article 44 The real estate administrative department of the government at or above the county level shall establish a system for accepting property management complaints, promptly accept complaints from owners, owners' committees, property users and property service enterprises in property management activities, and reply the results of investigation or handling to the complainant; If it is the responsibility of other departments and units, it shall be transferred to the relevant departments and units in a timely manner and inform the complainant. 

Disputes arising from property management between owners, owners' congress, owners' committee, property service enterprises, professional business units and construction units can be settled through consultation; You can apply for mediation to the people's mediation committee, the real estate administrative department or the township government or the sub-district office; You can bring a lawsuit to the people's court according to law. 

Forty-fifth governments at or above the county level shall establish a comprehensive coordination mechanism for property management through joint meetings. 

The joint meeting of property management shall be convened by the real estate administrative department of the county-level government in conjunction with the township government or subdistrict office, and attended by the price administrative department, urban management department, police station, residents' committee or villagers' committee, property service enterprises, water supply, power supply, gas supply and other professional business units, owners' committee or owners' representatives. 

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

(a) the owners' committee and relevant departments failed to perform their duties in accordance with the provisions; 

(two) the handover problem in the process of property service enterprise change; 

(three) major disputes and emergencies in the property management area; - 9 -

(4) Charges disputes within the property management area; 

(five) the connection and cooperation between property management and community management; 

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