Detailed rules for the implementation of Xiamen residential property management regulations

Detailed rules for the implementation of Xiamen residential property management regulations

According to the provisions of Article 39 of the Regulations on the Property Management of Residential Areas in Xiamen, the Detailed Rules for the Implementation of the Regulations on the Property Management of Residential Areas in Xiamen are formulated, which are hereby promulgated. Please implement them carefully.

Chapter I General Provisions

Article 1 These Detailed Rules are formulated in accordance with the Regulations of Xiamen Municipality on Residential Property Management (hereinafter referred to as the Regulations).

Article 2 The term "owner" as mentioned in the Regulations refers to the owner of residential and non-residential houses in residential areas, including the owner who has obtained the house property certificate, the buyer who signed the house sales contract and registered with the housing management department, the owner determined by the demolition and resettlement agreement or the owner who purchased affordable housing.

Houses that have not been sold after development and construction shall be regarded as the owner by the development and construction unit.

Article 3 The term "occupancy" as mentioned in the Regulations means that the owner receives the written occupancy notice and goes through the relevant occupancy procedures.

If the owner fails to go through the check-in formalities within a limited period after receiving the written notice of check-in, and fails to go through the check-in formalities after being reminded in writing, it shall be regarded as check-in. The notice of occupation shall comply with the provisions of laws and regulations and the contract.

Article 4 The term "pre-property management" as mentioned in these Regulations refers to the property management service activities from the date when the owner surrenders to handle the check-in formalities to the date when the owners' committee is established according to law.

Fifth property management area is determined by the scope of project approval and planning approval. However, under any of the following circumstances, it may be proposed by the development and construction unit, the management responsibility unit or the owners' committee (if there is an owners' committee, it shall be proposed by the owners' committee), and the construction administrative department shall, jointly with the relevant departments, delimit it according to the principles of convenient management services, saving management costs and voluntary owners:

(a) a property management area is beyond the scope approved by the project establishment and planning procedures;

(two) the merger of several property management areas that have implemented property management;

(three) the implementation of property management in the old city, the village in the city and other areas where the property management area is not clear.

Sixth municipal construction administrative departments in the organization and implementation of the "Regulations", responsible for the formulation of industry development planning and related policies and measures to achieve the planning objectives; Responsible for the qualification management of property management service enterprises and the training and education of employees; Responsible for organizing relevant departments to evaluate the property management services within the property management area. The municipal construction administrative department may entrust the district construction administrative department to handle the matters stipulated in the Regulations and these Detailed Rules.

Under the supervision and guidance of the district construction administrative department, the subdistrict office and the Town People's Government shall be responsible for the guidance and coordination of the election of the owners' congress and the owners' committee within the property management area under their jurisdiction.

In the process of coordinating, participating, supervising and guiding the property management activities within the property management area under its jurisdiction, the community residents' committee has the right to persuade, educate or submit to the neighborhood offices, the town people's government or the relevant administrative departments for supervision and management on matters that affect and harm the interests of the owners and the public in accordance with these rules.

Xiamen Property Management Association should strengthen its own construction, establish and improve the self-discipline management system of property management service enterprises, owners' committees and other member units, and cooperate with the municipal construction administrative department to do a good job in the training and education of employees.

Chapter II Owner's Self-management

Seventh development and construction units shall report to the administrative department of residential construction in writing one month before organizing the first owners' meeting to elect the owners' committee. The district construction administrative department shall, jointly with the subdistrict office (town people's government), the public security police station and the representatives of the community residents' committee, form the owner autonomy supervision and guidance group.

Eighth owners' autonomy supervision and guidance group shall perform the following duties:

(a) according to the relevant laws and regulations of property management services, supervise the first owners' meeting organized by developers; ?

(two) with the consent of more than two thirds of the members of the group, the right to put forward supervision opinions on the proceedings, voting methods and voting matters of the owners' meeting;

(three) to coordinate the disputes in the process of convening the owners' meeting and forming the owners' committee;

(four) found illegal behavior, timely report to the relevant law enforcement agencies.

Article 9 An owner may entrust an agent to attend the owners' meeting. Property custodians and property users can attend the owners' meeting with valid certificates (if the custody certificate and lease contract are directly entrusted or agreed, the rights and obligations of the owners shall be entrusted or agreed) and exercise their rights and matters within the scope of authorization. The power of attorney of other agents shall be notarized by the notary office or confirmed by the community residents' committee in the property management area.

Article 10 The development and construction unit shall, 65,438+05 days before the first owners' meeting, post the time, place, form, deliberation and voting contents of the owners' meeting, the list and resumes of the candidates for the owners' committee, the voting rights, rights and obligations of the owners or representatives attending the meeting in a prominent position in the property management area, and notify the owners in writing.

Eleventh development and construction units shall organize or entrust the city property management association and the property management enterprises that have been stationed in the organization to convene the first owners' meeting and elect the owners' committee within the time limit prescribed by the regulations. Failing to organize the first owners' meeting due to objective reasons such as bankruptcy or the development and construction unit failing to organize the first owners' meeting. The supervision and guidance group of owners' autonomy in the residential area can directly organize or entrust the enterprises that have implemented property management to organize the first owners' meeting and elect the owners' committee.

Twelfth candidates for the first session of the owners' committee can be recommended by the following ways:

(a) recommended by more than 20 owners in residential areas, recommended by more than 5% owners in more than 500 residential areas, or recommended by the building number, stair number and floor signature of buildings in residential areas. However, the recommender shall not repeat the signature recommendation;

(two) recommended by the development and construction unit;

(three) recommended by the community residents committee where the residential area is located.

The total number of candidates recommended by development and construction units and community residents committees shall not exceed 20% of the total number of candidates. ?

Thirteenth the organizers of the first owners' meeting shall publicize the resumes of recommended candidates in residential areas for not less than 3 days.

Article 14 The owners' autonomy supervision and guidance group shall designate a number of candidates from the recommended candidates, and cooperate with the organizers of the owners' congress to carry out preparatory work such as drafting the draft owners' convention, the draft articles of association of the owners' committee, the draft scheme for hiring property management enterprises, and other documents and materials that need to be submitted to the first owners' congress for voting.

Fifteenth under the supervision of the owners' autonomy supervision and guidance group, the first owners' meeting was held in accordance with the following procedures:

(a) announced the meeting procedures;

(two) representatives who organized the first owners' meeting to report on the organization of the meeting;

(3) The development and construction unit or the property management enterprise entrusted by it reports the previous property management;

(four) to introduce the basic situation of the candidates for the owners' committee;

(5) Electing members of the owners' committee according to the voting difference of the number of voting rights;

(six) to elect members of the owners' committee and vote for the chairman and vice chairman of the owners' committee;

(seven) under the auspices of the chairman of the owners' committee, modify the draft articles of association of the owners' committee, the draft owners' convention and the documents submitted to the first owners' meeting for voting, and elect the executive secretary of the owners' committee as needed;

(eight) to vote on the articles of association of the owners' committee, the owners' convention, the matters of authorization, the candidates for the executive secretary and other major issues involving the public interests of residential areas.

Sixteenth members of the owners' committee shall meet the following conditions:

(a) abide by the laws, regulations and rules of property management and the owners' convention and the articles of association of the owners' committee;

(two) have enough time to perform the duties of members of the owners' committee;

(3) Good conduct, strong sense of responsibility and enthusiasm for public welfare undertakings;

(4) Having full capacity for civil rights and capacity for civil conduct;

(five) the actual residence in this city.

Seventeenth members of the owners' committee in any of the following circumstances, can be terminated by the owners' meeting or the temporary owners' meeting:

(a) does not conform to the provisions of Article 10 of the Regulations and Article 16 of these Rules;

(two) in violation of property management laws and regulations, the articles of association and resolutions of the owners' committee, and the circumstances are serious or cause serious consequences; ?

(3) Being absent from the meetings of the owners' committee and the owners' congress for more than three consecutive times;

(four) using the authority of the members of the owners' committee to infringe upon the legitimate rights and interests of the owners and illegally interfere with the normal property service activities of the property management enterprises;

(five) to resign in writing to the owners' committee;

(six) due to illness and other reasons can not continue to perform the duties of members of the owners' committee;

(seven) other circumstances that are not suitable for being a member of the owners' committee.

Eighteenth after the owners' meeting, the owners have the right to know the relevant matters of residential property management.

Article 19 The term of office of the owners' committee is about to expire. Under the supervision and guidance of the owners' autonomy supervision and guidance group, the current owners' committee will organize a general meeting of owners to hold a general election. The general election shall be conducted in accordance with the following procedures:

(1) Before the general election15th, the owners' committee or the property management enterprise entrusted by it will notify all owners of the general election. The notification items shall include:

1, change the basis;

2. Methods of recommending candidates;

3. Meeting procedures;

4, supervision and guidance units and telephone content.

(2) Selecting candidates in accordance with the provisions of Item (1) of Article 12 of these Rules.

(III) Seven days before the general election, the owners' committee or the property management enterprise entrusted by it will post the election time, place, form, topics, list of candidates, resumes, voting rights and other matters in a prominent position in the property management area.

(4) The agenda of the meeting shall include:

1, work report of representatives of the owners' committee;

2. The property management company makes a work report;

3. Read out the list of candidates and their profiles;

4. Recommend scrutineers;

5. Vote according to the number of voting rights;

6. The elected members of the owners' committee elect the chairman and vice-chairman of the owners' committee by secret ballot;

7. Other matters shall be deliberated and voted under the auspices of the new owners' committee.

(5) The results of the general election shall be filed with the district construction administrative department where the residential area is located within 10 days.

Article 20 If a residential area with relatively independent public facilities and equipment is developed by stages, and the pre-developed area exceeds 20,000 square meters, and the pre-developed residential area meets the conditions for establishing an owners' committee, an interim owners' meeting shall be held, and an interim owners' committee shall be established after confirmation by the administrative department in charge of residential area construction.

The procedures, conditions, responsibilities and rights and obligations of the temporary owners' meeting are the same as those of the owners' meeting and the owners' committee.

Article 21 If the residential area developed by stages has completed the development and construction of the whole residential area and meets the requirements for establishing the owners' committee, the first owners' meeting shall be organized in accordance with the Regulations and these Detailed Rules, and the owners' committee shall be elected, and the temporary owners' committee shall be terminated at the same time.

By the application of the development and construction unit or the temporary owners' committee, with the consent of the administrative department in charge of residential construction, the temporary owners' committee may organize the owners' meeting, and hold the owners' meeting in accordance with the general election procedures stipulated in these Detailed Rules to hold the general election of the owners' committee. The temporary owners' meeting is regarded as the first owners' meeting.

Article 22 The owners' committee shall establish an official seal management system, which shall be approved by more than half of all members. If the official seal manager uses the official seal in violation of the system, the official seal user shall bear corresponding responsibilities.

Twenty-third owners' committee shall establish a complaint acceptance system for owners and users. Accept the following matters:

(a) complaints about matters agreed in the property management service contract;

(two) complaints about the matters agreed by the owners' convention;

(three) complaints about the decisions made by the owners' congress, the temporary owners' congress and the owners' committee;

(four) mediation of other civil disputes in property management services.

The owners' committee shall seriously accept complaints and disputes. Complaints that cannot be handled can be submitted to the sub-district office, the town people's government or the district construction administrative department for coordination and settlement, or the parties can be informed to apply for arbitration or bring a lawsuit according to law. In the process of accepting complaints, if illegal acts are found, the owners' committee shall dissuade and stop them, and report to the relevant administrative departments.

Article 24 The owners' committee may designate members or executive secretaries or set up specialized agencies to receive complaints, and give appropriate financial subsidies to the staff who receive complaints.

The result of complaint handling shall be fed back to the complainant. A summary of the acceptance and handling of complaints shall be announced to the owners' meeting.

Chapter III Property Management Services

Twenty-fifth development and construction units are responsible units for property management services in the early stage. The development and construction unit shall clearly or simultaneously sign the preliminary property management service agreement with the purchaser in the house sales contract.

Pre-property management matters or pre-property management service agreements stipulated in the house sales contract mainly include the following contents:

(1) Property management service unit;

(two) the price of property management services;

(three) property management service standards;

(4) Measures for the administration of property management service complaints;

(five) the rights and obligations of the owners;

(6) the way to deal with disputes.

Twenty-sixth development and construction units shall not be illegal buildings, temporary buildings and unauthorized changes in planning and design purposes of public places or public parts as property management rooms to the owners' committee.

Article 27 When the development and construction unit hands over the property to the owners' committee, the * * * parts and * * * equipment of public facilities or houses in the property management area shall be in good condition, and if damaged, the development and construction unit shall organize the repair and handover. ?

The handover matters between the development and construction unit and the owners' committee shall be listed, and the public facilities, parts, equipment status and handover date shall be indicated. The handover documents shall be signed and sealed by the representatives of the development and construction unit and the owners' committee.

Twenty-eighth when the owners' committee is established and selects a property management enterprise, the previous property management service contract is terminated. The owners' congress or the owners' committee entrusted by the owners' congress selects property management companies, and the term of the property management service contract expires when the next owners' committee is formed.

Twenty-ninth property management service contracts shall specify the contents of Article 16 of the Regulations, and shall specify the management service standards, requirements and related rights and obligations of the following matters:

(1) Maintenance of the * * * part of residential buildings;

(2) Maintenance and repair of elevators;

(3) Maintenance and cleaning of septic tanks;

(4) management of parking lot;

(5) Responsibilities and obligations for the owner's interior decoration management;

(6) Responsibility for keeping files;

(7) Security services;

(eight) other public service facilities and equipment management responsibilities;

(nine) the contents of the owners' convention that belong to the management order of residential areas.

The above management service projects, if there are standards in the country or industry, shall be implemented in accordance with the standards.

Thirtieth water supply, power supply, gas supply, heating, communications, cable television and other units entrust property management companies to collect related fees, and the entrusted service fees shall be determined by both parties through consultation.

Thirty-first property management companies may not subcontract the overall property management services to other enterprises or individuals, but may entrust professional management services to professional companies. If professional management services need qualifications, they shall be entrusted to professional service enterprises with corresponding qualifications.

Thirty-second all the owners * * * part of the public * * places for business, the owners' congress or its authorized owners' committee may entrust the property management enterprise to operate and manage, and the operating income shall be owned by all the owners. In addition to paying the management service fee of the property management enterprise in accordance with the contract, the operating income can be used for the following purposes with the approval of the owners' assembly or the owners' committee authorized by the owners' assembly:

(a) supplementary housing maintenance fund or public facilities special fund;

(two) the purchase of office supplies of the owners' committee;

(3) Renting the venue of the owners' congress;

(4) Pay the salaries of the executive secretary and complaint handling personnel.

Thirty-third property management companies in accordance with the contract to provide property management services for public affairs within the property management area, can provide property management services for non-public affairs to the owners, service standards and fees shall be separately agreed by the property management companies and owners.

Thirty-fourth owners in the property management area shall inform the lessee of the relevant provisions and requirements of property management when renting a house, and clearly pay the property management fee and other related matters in the lease contract.

Thirty-fifth property management companies in the implementation of property management services, should do the necessary duty of care. When potential safety hazards are found in the property management area, it shall promptly report to the owners' committee, relevant owners and relevant management departments; When sudden safety accidents or incidents that may lead to harmful consequences occur in the property management area, they shall report to the relevant departments in time and take necessary measures to eliminate or control them; When illegal acts are found, they should be discouraged and stopped, and report to the relevant law enforcement departments in a timely manner.

Thirty-sixth property management companies failed to fulfill the provisions of the property management service contract, resulting in personal and property safety damage to the owners, should bear corresponding legal responsibilities according to law.

Chapter IV Property Management Service Charges and Fund Management

Thirty-seventh property management service fees are determined by the owners and property management enterprises according to the government guidance price, in accordance with the principles of rationality, openness and cost and service level.

Thirty-eighth prophase property management service fees shall be agreed by the development and construction unit and the buyer in the house sales contract. During the prophase property management, the development and construction unit or the property management enterprise entrusted by it shall not charge other fees except those stipulated in the house sales contract, unless otherwise stipulated by laws, regulations and rules.

Thirty-ninth development and construction units can reduce the property management service fee according to the enterprise's own situation, but they shall not lower the management service standard agreed or promised in the contract on this ground.

If the development and construction unit agrees or promises to reduce or exempt the property management service fee in the housing sales exceeding the pre-period property management period, when the development and construction unit hands over the project construction files to the owners' committee according to law, it shall sign a guarantee contract for reducing or exempting the property management service fee with the owners' committee and report it to the municipal construction administrative department and the municipal price administrative department for the record.

Article 40 If the development and construction unit agrees or promises to reduce the housing sales, the development and construction unit shall collect the property management service fee from the property management enterprise according to the contract agreement with the owners' committee, and agree or promise to reduce or waive part of the property management service fee. The property management enterprise shall charge the owners in the property management area the difference of the property management service fee that does not meet the standard stipulated in the property management service entrustment contract.

Forty-first property management companies shall, in accordance with the provisions of the property management service contract, announce the collection of property management service fees to all owners in the property area; If the property management service contract is not stipulated, it shall be published once every six months. The published contents include:

(a) the basis and standard of collection;

(two) the total area of the property management service fee payable and the collection situation, which shall be listed and the reasons shall be indicated;

(3) Operating income of public places;

(four) the collection and use of shared water and electricity costs;

(five) the collection and use of housing maintenance funds and special funds for public facilities.

Forty-second property companies that undertake a number of property management services should establish a two-level accounting system for corporate finance with property management services as the financial accounting object.

The owners' committee has the right to supervise the fees for its property management services.

Forty-third property management areas should establish a housing maintenance fund system according to law. The payment standard and management measures for the use of housing maintenance funds shall be formulated by the owners' committee and implemented after being voted by the owners' congress. The house maintenance fund is charged by the property management enterprise entrusted by the owners' committee at the time of charging the property management service fee, and is managed by the owners' committee according to the special account of the building number or ladder number or entrusted by the property management enterprise.

The payment standard of housing maintenance fund shall not be lower than the minimum payment standard approved by the municipal price administrative department.

Forty-fourth housing maintenance funds and public facilities special funds within the property management area can be combined and managed and used. Specific management measures shall be formulated and implemented by the municipal construction administrative department in conjunction with relevant departments.

Forty-fifth after the establishment of the owners' committee, unsold or unsold houses that have not been decorated and used shall be paid by half according to the property management service fee agreed in the property management service contract, and public facilities shall be paid by half according to the public sharing standard, unless the owners' meeting makes a decision.

For decoration procedures or other purposes, the property management service fee shall be paid in accordance with the amount agreed in the property management service contract. ?

Article 46 Where the decorator performs the decoration agreement, the decoration deposit collected by the property management enterprise shall be refunded within 5 working days after the decorator reports the completion of the decoration project to the property management enterprise.

For those who violate the decoration agreement, the property management enterprise will not refund the decoration deposit. In addition to the management fee of 10%, it shall be specially stored and handed over after the establishment of the owners' committee and incorporated into the management and use of the public housing maintenance fund in the property area.

Chapter V Supplementary Provisions

Article 49 (6) Article 47 of the Regulations? Other necessary information? Refers to the relevant materials that meet the basic requirements for the use, maintenance and management of public facilities, parts and equipment.

Forty-eighth the detailed rules for the implementation shall be interpreted by the municipal construction administrative department.

Article 49 These Detailed Rules shall be implemented as of June 6+1October 6+1October 6, 2004.

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