Full text of Shaanxi property management regulations

Regulations of Shaanxi Province on Property Management of Urban Residential Areas

Chapter I General Provisions

Article 1 In order to standardize the property management of urban residential areas, safeguard the legitimate rights and interests of owners, users and property service enterprises, and create a good living environment, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.

Article 2 These Regulations shall apply to the property management of urban residential areas within the administrative area of this province.

Article 3 The term "residential area" as mentioned in these Regulations refers to a residential area that is mainly residential and equipped with corresponding municipal, public and living service facilities.

The term "property" as mentioned in these Regulations refers to residential areas and their affiliated parts, facilities, equipment and venues.

The term "owner" as mentioned in these Regulations refers to the owner of the property.

The term "user" as mentioned in these Regulations refers to the lessee of the house and other actual users.

Fourth property management to implement the principle of owner autonomy.

Entrusted by the owner, the realty service enterprise provides realty management services in accordance with the provisions of these regulations and the stipulations of the realty management entrustment contract.

Article 5 Urban people's governments and units selling public housing should promote the reform of the housing system, manage residential areas that do not meet the conditions of property management, improve municipal, public and living service facilities, and meet the conditions for implementing property management.

Sixth provincial construction administrative departments responsible for the supervision and management of the province's property management. City (region), county (city) construction or real estate administrative department is the administrative department in charge of property management within their respective administrative areas, responsible for the supervision and management of property management. Other relevant administrative departments shall, in accordance with their respective responsibilities, cooperate in the supervision and management of property management.

Chapter II Owners and Organization and Management of Owners

Seventh owners in accordance with the provisions of this Ordinance, enjoy the rights of property management, and fulfill the corresponding obligations.

Rights of the owner:

(a) to participate in the owners' meeting and exercise the right to decide on property management;

(two) the right to vote and be elected as a member of the owners' committee;

(three) to supervise the work of the owners' committee;

(four) enjoy the service consistent with the payment of property management service fees;

(five) to supervise the management and service activities of property service enterprises;

(six) other rights stipulated by laws and regulations.

Owner's obligations:

(a) to implement the decisions of the owners' congress and the owners' committee;

(two) abide by the owners' convention and the articles of association of the owners' autonomy;

(3) Abide by the property management system;

(four) to pay property management service fees and maintenance funds;

(5) Other obligations stipulated by laws and regulations.

Eighth all the owners in the residential area form the owners' meeting. If there are a large number of owners in residential areas, an owners' meeting may be established. The generation and specific proportion of owners' representatives shall be stipulated in the owners' autonomy articles.

Residential areas shall be designated by the local county-level property management administrative department in conjunction with relevant departments.

Ninth owners' congress or owners' congress, there should be more than two thirds of the owners or owners' representatives to attend. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of the owners or their representatives present at the meeting.

The owners' congress or owners' congress shall be held at least once a year. More than one-fifth of the owners or owners' representatives propose that the owners' congress or owners' congress should be held.

Owners may entrust others to attend the owners' meeting in writing.

Tenth owners' congress or owners' congress shall exercise the following functions and powers:

(1) Electing or replacing members of the owners' committee;

(two) to formulate the owners' convention and the articles of association of the owners' autonomy;

(three) to consider the work report of the owners' committee;

(four) to decide on the conclusion, alteration or dissolution of the entrusted contract for property management;

(five) to decide on the renewal, use and management of the maintenance fund;

(six) to decide on other major matters of property management.

The decision of the owners' congress or the owners' congress shall be announced.

Article 11 The owners' committee is an autonomous organization representing all owners and safeguarding their legitimate rights and interests. The owners' committee is elected by the owners' congress or the owners' congress, and the owners' committee is responsible to the owners' congress or the owners' congress.

Twelfth residential property comprehensive acceptance, and with the consent of more than 50% of the owners, the owners' congress or owners' congress shall be held, and the owners' committee shall be elected.

The administrative department of property management where the residential area is located shall organize and guide the owners to hold the first owners' meeting or owners' congress.

Thirteenth owners' committee consists of five to nine directors, deputy directors and members.

Members of the owners' committee are owners who are enthusiastic about public welfare, fair and law-abiding, and have certain organizational ability.

Members of the owners' committee are elected for a term of three years and may be re-elected.

Article 14 The owners' committee shall register with the local property management administrative department at or above the county level within 0/5 days from the date of election, and the property management administrative department shall register the owners' committee elected in accordance with the provisions of these Regulations and make an announcement in the residential area.

Fifteenth owners' committee shall perform the following duties:

(a) to convene and preside over the owners' congress or the owners' congress;

(two) to formulate the owners' convention and the articles of association of the owners' autonomy;

(three) to implement the decisions of the owners' congress or the owners' congress;

(four) the use of tender or other means to hire property services companies, on behalf of the owners to conclude, change or terminate the property management contract;

(five) responsible for raising the maintenance fund for the parts and facilities of the property, and supervising the use and management of the maintenance fund;

(six) to supervise the compliance and implementation of the owners' convention and the property management system;

(seven) to mediate disputes over the use of property;

(eight) other duties entrusted by the owners' congress or the owners' congress.

The owners' committee shall not engage in business activities.

The funds for the activities of the owners' committee shall be approved by the owners' congress or the owners' congress and shared by all owners.

The civil liability caused by the owners' committee's implementation of the decisions of the owners' congress or the owners' congress shall be borne by all owners.

Sixteenth meetings of the owners' committee shall be held regularly. The meeting of the owners' committee must be attended by more than half of the members, and the decision made must be passed by more than half of all the members of the owners' committee. Upon the proposal of more than 1/3 members, a meeting of the owners' committee shall be held.

The meeting of the owners' committee shall be presided over by the chairman of the owners' committee. The director may entrust the deputy director to preside over the meeting.

Seventeenth owners' convention, the articles of association of owners' autonomy and the decisions made by the owners' congress or the owners' congress and the owners' committee are binding on all owners and users.

Owners' convention, owners' autonomy charter and decisions made by owners' congress, owners' congress and owners' committee shall not violate the provisions of laws and regulations.

Chapter III Early Property Management

Eighteenth prophase property management refers to the property management before the development and construction units start to sell houses and set up owners' committees.

Residential areas that implement early property management must pass comprehensive acceptance.

The prophase property management is managed by the development and construction unit itself or entrusted by the property service enterprise.

Nineteenth development and construction units shall sign the preliminary property management entrustment contract with the owners. The basic service fee for pre-property management shall be agreed by the owners and the development and construction units in accordance with the provisions of Article 27 of these regulations.

During the prophase property management, the development and construction unit shall bear the responsibility of property maintenance, but shall not use the * * * parts and * * * facilities and equipment maintenance fund.

Twentieth development and construction units and owners signed a residential sales contract, and signed a preliminary property management contract.

The preliminary property management entrustment contract shall be formulated in accordance with the contents of the model text of the preliminary property management entrustment contract, and the standards for charging basic service fees in the same residential area shall be consistent.

Article 21 After the termination of the preliminary property management entrustment contract, the development and construction unit shall hand over to the owners' committee the land use right certificate of the property, residential area management houses and residential area plans, completion general plan, single building, structure and equipment completion plan, underground pipe network completion plan and other related engineering construction materials. The transfer of the certificate of land use right of real estate shall go through the formalities of change registration according to law.

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Twenty-second development and construction units shall provide necessary management houses in accordance with the regulations, and their property rights belong to all owners. The owners' committee shall provide the management houses to the property service enterprises for paid use, and the proceeds shall be used for the property management of residential areas.

The owners' committee shall not transfer or use the management house for other purposes.

Twenty-third according to the housing reform policy to sell public housing, property management can only be implemented if the following conditions are met:

(a) more than eighty percent of the residents in the residential area have complete property rights;

(two) the maintenance fund has been delivered to the property administrative department for escrow;

(three) * * * facilities and other supporting facilities are complete;

(4) Having a house for property management;

(five) the residential area meets the requirements of urban planning;

(six) by the competent administrative department of property management acceptance.

Chapter IV Property Management Services

Twenty-fourth enterprises engaged in property management services, must be approved by the competent administrative department of property management qualification grade, obtain the qualification certificate; Those who have not obtained the qualification certificate or failed the annual inspection shall not engage in property management services.

The professional management personnel of the realty service enterprise must hold the post certificate issued by the administrative department of realty management.

The measures for the verification of qualification grade and the issuance of post certificates shall be formulated by the provincial construction administrative department in accordance with the relevant provisions of the state.

Article 25 A realty service enterprise shall sign a realty management entrustment contract with the owners' committee. Property management contracts include:

(a) the basic situation of the property;

(2) The rights and obligations of the entrusting party and the entrusted party;

(three) property management services and service quality requirements;

(four) the standard and collection method of the basic service fee for property management;

(5) Maintenance and repair of the property;

(6) Agreement on the term, modification and termination of the contract;

(seven) the way to transfer the property information and property at the termination of the contract;

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

(9) Other matters agreed by both parties.

After the property management entrustment contract comes into effect, the property service enterprise shall file with the property management administrative department at or above the county level within fifteen days.

Twenty-sixth main items of property management services:

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

(two) the daily maintenance of the owner's own parts and facilities;

(three) green maintenance and cleaning services;

(4) security services;

(five) the management of vehicle access and parking;

(six) other matters stipulated in the property management entrustment contract.

Twenty-seventh basic service prices of property management should follow the principles of fairness, reasonableness and consistency of quality and price.

The basic service price of property management is subject to government guidance.

The owners' committee and the realty service enterprise shall refer to the government-guided price, and stipulate the price of the basic services of realty management in the entrustment contract. The price of special services provided by the realty service enterprise for the owners and users shall be agreed by both parties.

Article 28 The service items and charging prices of property service enterprises shall be announced to the owners and users. Where a realty service enterprise provides services and collects fees in accordance with the provisions of these Regulations, no other unit or individual may charge the owners and users repeatedly.

If the realty service enterprise does not agree with the owners and users to provide services and collect fees by itself, the owners and users have the right to refuse to pay.

Twenty-ninth business units and other units that provide water, electricity, gas, heat, communication and cable TV for residential areas, if they collect fees from owners and users, can sign a contract of entrusted collection and payment with property service enterprises; If it is not entrusted to collect and remit, it shall be collected directly from the households by the relevant units.

Thirtieth when the property management entrustment contract is terminated or terminated, the property management service fee shall be settled, and the property service enterprise shall hand over the following materials and property to the owners' committee within fifteen days:

(a) property files;

(two) property management sites, facilities, equipment and venues;

(3) Other property that should be handed over.

The realty service enterprise shall not damage, conceal or destroy the above information and property.

After the termination or rescission of the property management entrustment contract, the property service enterprise shall file with the property management administrative department.

Thirty-first property management administrative departments shall perform their duties of supervision and management of property service enterprises according to law, and conduct comprehensive assessment and evaluation of property management level and service quality.

The administrative department of property management shall establish a complaint acceptance system to accept complaints against acts in violation of these regulations. The administrative department of property management shall investigate and handle the complaint and give a written reply to the complainant.

Chapter V Use and Maintenance of Property

Thirty-second property users are prohibited from the following acts:

(a) damage to the bearing structure of the house, the appearance of the house, or opening or expanding doors and windows on the external wall;

(two) occupy or damage the * * part of the property, * * facilities and equipment, and move the * * * facilities and equipment without authorization;

(3) storing inflammable, explosive, toxic and radioactive materials;

(four) the use of property to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others;

(five) occupation of green space, destruction of flowers and trees;

(six) littering, littering;

(seven) set up stalls and parked vehicles;

(eight) the discharge of toxic and harmful substances, the noise exceeds the prescribed standards;

(nine) posting, scribbling, depicting and hanging on buildings and structures;

(ten) other acts prohibited by laws and regulations.

Thirty-third any unit or individual shall not occupy the roads and venues within the property management area without authorization. Property maintenance or temporary occupation and excavation of roads and sites due to public interests shall sign a written agreement with the owners' committee and make restitution within the agreed time limit. If losses are caused, compensation shall be made.

Thirty-fourth * * parts of the property, * * facilities and equipment maintenance, adjacent owners and users shall cooperate. If the neighboring owners and users obstruct and cause losses to other owners, users and property service enterprises, the responsible person shall make compensation.

If the maintenance causes damage or other losses to the occupied parts, facilities and equipment of the relevant owners and users, the responsible person shall compensate.

Thirty-fifth owners or users of housing decoration, should abide by the provisions of the state and the province on family room decoration, inform the realty service enterprise in advance, and accept its guidance and supervision, but the realty service enterprise shall not charge fees or deposits.

If the owner or user needs to change the residential use, it shall be approved by the property management administrative department. Owners and users shall not damage the legitimate rights and interests of neighboring owners and users when using the property, and shall bear civil liability according to law if damage is caused.

Thirty-sixth the use of property to set up advertising and other business facilities, should obtain the written consent of the relevant owners and owners' committees, and go through the relevant examination and approval procedures; After approval, it shall sign a lease contract with the owners' committee, and its income shall be included in the maintenance fund of the property parts and facilities.

Chapter VI Use and Management of Property Maintenance Fund

Thirty-seventh commercial housing and public housing should be set up after the sale of property parts, facilities and equipment maintenance fund.

The maintenance fund is specially used for the medium repair, overhaul, renewal and transformation of the parts and facilities of the property after the warranty period expires.

Thirty-eighth maintenance funds shall be paid and withdrawn in accordance with the following provisions:

(a) the sale of commercial housing, multi-storey residential buyers pay 2% of the purchase price, high-rise residential buyers pay 3% of the purchase price;

(two) the sale of public housing, property buyers pay 2% of the purchase price;

(three) the sale of public housing units to sell public housing, multi-storey housing by not less than 20% of the proportion of extraction, high-rise housing by not less than 30% of the proportion of extraction.

The maintenance fund paid by the purchaser shall be collected by the selling unit.

When the maintenance fund is insufficient, it shall be raised from the owner according to the residential construction area.

Thirty-ninth maintenance funds should be stored in special accounts and used for special purposes. Before the establishment of the owners' committee, it shall be managed by the property management administrative department; After the establishment of the owners' committee, it shall be managed by the owners' committee and subject to the supervision of the property management administrative department. Members of the owners' committee shall not occupy or misappropriate the maintenance fund.

Fortieth when the owner transfers the ownership of the house, the maintenance fund shall be transferred with the ownership of the house at the same time. If the house is lost due to house demolition or other reasons, the balance of the maintenance fund shall be returned to the owner according to the proportion paid by the owner.

Forty-first maintenance funds shall be used by the realty service enterprise to put forward the maintenance plan and budget, which shall be implemented after being approved by the owners' committee and reported to the property management administrative department for the record.

Forty-second maintenance funds should be used to establish a management system for the approval of use plans, a financial management system, an audit supervision system and an owner's inquiry and reconciliation system.

The use and management system of maintenance funds shall be formulated by the provincial construction administrative department.

Chapter VII Legal Liability

Forty-third property service enterprises in violation of the provisions of this Ordinance, one of the following acts, the property management administrative department shall order it to make corrections and give a warning; Refuses to correct, punishable by a fine of five hundred yuan and three thousand yuan, and can reduce the level of qualification:

(a) the entry into force, termination and dissolution of the property management entrustment contract is not reported to the property management administrative department for the record as required;

(two) employees do not hold the post certificate issued by the administrative department of property management.

Forty-fourth property service enterprises in violation of the provisions of this Ordinance, one of the following acts, the property management administrative department shall order it to make corrections, give a warning, confiscate the illegal income, and may impose a fine of 2000 yuan to 20000 yuan; If the circumstances are serious, the qualification level may be lowered until the qualification certificate is revoked:

(a) engaged in property management services without obtaining the qualification certificate of property management or failing to pass the annual inspection;

(two) unauthorized changes in residential areas, * * with parts, * * with the use of facilities and equipment;

(three) within fifteen days after the termination or dissolution of the property management entrustment contract, the information and property that should be handed over to the owners' committee are not handed over or damaged;

(four) unauthorized occupation and excavation of roads and venues in residential areas.

Illegal occupation of property management premises, venues, property management materials and property after the termination or rescission of the property management entrustment contract without obtaining or revoking the property management qualification certificate. In addition to the punishment in accordance with the provisions of the preceding paragraph, the property management administrative department may make a decision to order the handover within a time limit. If it refuses to perform the handover decision, the property management administrative department may enforce it or apply to the people.

Court enforcement.

Forty-fifth development and construction units in violation of the provisions of this Ordinance, one of the following acts, the property management administrative department shall order it to make corrections, give a warning, and may impose a fine of more than 3000 yuan to 30000 yuan:

(a) did not bear the responsibility of the early property management;

(two) the sale of residential property management contract is not signed at the same time, or the basic service fees charged by the same residential area are inconsistent;

(three) do not bear the property management fees of unsold houses.

Forty-sixth development and construction units in violation of the provisions of this Ordinance, one of the following acts, the property management administrative department shall order it to make corrections, give a warning, confiscate the illegal income, and may impose a fine of ten thousand yuan to fifty thousand yuan:

(a) residential areas without comprehensive acceptance or unqualified acceptance of the implementation of early property management;

(two) during the prophase property management, maintenance funds were used or the management premises were used for other purposes;

After the termination of the preliminary property management entrustment contract, the property management administrative department shall order it to make corrections, give a warning, confiscate the illegal income, and impose a fine of more than 2,000 yuan and less than 20,000 yuan on the owners' committee.

Article 47 Where an owner or user violates the provisions of these Regulations, damages the load-bearing structure and appearance of the house, or opens or expands doors and windows on the external wall, or privately occupies or damages the parts used by * *, uses the facilities and equipment used by * *, or changes the residential use, the property management administrative department shall order it to be restored to the original state, compensate for the losses, and may impose a fine of not less than 500 yuan but not more than 5,000 yuan.

Forty-eighth owners' convention, the articles of association of owners' autonomy and the decisions made by the owners' congress, owners' congress or owners' committee violate the provisions of laws and regulations, and the property management administrative department shall order it to make corrections and notify all owners.

If the owners' committee, in violation of the provisions of this Ordinance, transfers or uses the property management house for other purposes, the property management administrative department shall order it to make corrections and cause economic losses, and the responsible person shall make compensation.

Members of the owners' committee who occupy or misappropriate the maintenance fund in violation of the provisions of these regulations shall be returned; Causing losses, compensation by the responsible person; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Forty-ninth if a party refuses to accept the decision of the administrative department in charge of administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the department that made the decision on administrative punishment may apply to the people's court for compulsory execution according to law.

If an individual is fined more than 3,000 yuan, a unit is fined more than 30,000 yuan, and the qualification certificate is revoked, the parties have the right to request a hearing.

Fiftieth other acts in violation of the provisions of these regulations shall be punished by the relevant administrative departments in accordance with their respective duties and the provisions of relevant laws and regulations.

Article 51 Whoever refuses or obstructs the staff of the property management administrative department from performing official duties shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Article 52 If the staff of the property management administrative department abuses their powers, engages in malpractices for selfish ends or neglects their duties, they shall be given administrative sanctions by their units or administrative supervision departments; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VIII Supplementary Provisions

Article 53 Property management of office buildings and commercial and residential buildings in non-residential areas shall be implemented with reference to these Regulations.

Article 54 The meanings of relevant technical terms in these Regulations are:

(1) Self-use parts refer to bedrooms, living rooms, kitchens, bathrooms, balconies, patios, courtyards, indoor walls and other parts in the house;

(2) Self-use facilities and equipment refer to a set of equipment such as doors and windows, sanitary ware, water supply, drainage, heating, gas pipelines, wires, water, electricity and gas meters leading to the main pipeline;

(3) * * * Use site refers to the main load-bearing structural parts of the house (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc.

(4) * * * Facilities and equipment refer to sewer pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, boilers, heating, gas pipelines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports equipment, etc. in the residential area.

Article 55 These Regulations shall come into force as of 20011.