Regulations of Hainan Special Economic Zone on Property Management Chapter I

The administrative department of housing and urban and rural construction of the provincial people's government shall manage, supervise and guide the property management activities of this special economic zone.

The people's governments of cities, counties and autonomous counties shall establish a joint meeting system of property management to coordinate and handle major issues of property management.

The property management departments of the people's governments of cities, counties and autonomous counties shall manage, supervise and guide the property management activities within their respective administrative areas.

Planning, urban management, sanitation, price, finance, public security and other relevant departments shall, according to their respective responsibilities, do a good job in property management.

Neighborhood offices and Township People's governments shall assist the competent department of property management in the management, supervision and guidance of property management activities, and mediate property management service disputes.

Neighborhood (village) committees shall assist neighborhood offices and township people's governments in property management. A person who has registered in accordance with the law or obtained the exclusive ownership of a building in accordance with the relevant provisions of the Property Law shall be recognized as the owner.

Based on civil legal acts such as the sale of houses, a person who legally occupies the exclusive part of a building but fails to register the ownership according to law can be identified as the owner.

Owners' rights and obligations in property management activities shall be implemented in accordance with laws and regulations, management regulations and property service contracts, but they shall not fail to perform their obligations on the grounds of giving up their rights. A property management area establishes an owners' meeting. The owners' meeting is composed of all owners in the property management area.

If there is only one owner, or the number of owners is small and agreed by all owners, the owners shall perform the duties of the owners' meeting and the owners' committee. The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure and management regulations of the owners' congress;

(two) to elect the owners' committee or to replace or recall the members of the owners' committee;

(three) to formulate the contents and standards of property services and the charging scheme for property services;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) renovation and reconstruction of the property * * * housing, * * * housing facilities and equipment;

(7) Change some uses of * * * *;

(eight) the use of * * * part of the business and the distribution and use of income;

(nine) the raising, management and use of the working funds of the owners' congress and the owners' committee;

(ten) to apply for the merger or division of the property management area;

(1 1) Matters determined by laws, regulations or management regulations shall be decided by the owner.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people; To decide the matters specified in Item (10) of the preceding paragraph, the consent of more than 2/3 owners in the relevant property management area shall be obtained respectively; Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

To decide on the matters specified in items 6, 7 and 10 of the first paragraph, the relevant procedures shall be handled according to law. The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

Send the opinions to every owner in the form of written opinions; If it cannot be delivered, it shall be announced in the property management area. If a vote is required, the voting opinion shall be signed by the owner himself.

The collection, statistical methods and filing period of the written opinions of the owners shall be decided by the owners' meeting.

The matters specified in Item 1, Item 2, Item 6, Item 7 and Item 10 of Paragraph 1 of Article 9 of this Ordinance may not be solicited in writing. If the property management area meets the following circumstances, the first owners' meeting shall be held to elect the owners' committee:

(a) the exclusive part of the house that has been sold and delivered to the owner has reached more than 50% of the total construction area;

(II) More than 30% of the delivered owners jointly submitted a written report on the preparation for convening the first owners' meeting and setting up the owners' committee to the property management department of the local people's government, and have elected owners' representatives to form the preparatory group for the first owners' meeting (hereinafter referred to as the preparatory group).

The property management department shall review and announce the members of the preparatory group within 0/0 days from the date of receiving the report.

The preparatory group was formally established as of the date of announcement.

The property management department shall give guidance and help to the convening of the first owners' meeting and the establishment of the owners' committee. Houses in the property management area have been sold, and the exclusive part of the house delivered to the owner has reached more than 50% of the total construction area. The construction unit shall report to the property management department of the local people's government within 30 days; Property service enterprises and owners can also report to the property management department of the local people's government.

After receiving the report and verifying it, or in the process of management, the property management department learns that the houses in the property management area have been sold and the exclusive part of the area delivered to the owners has reached more than 50% of the total construction area, and shall make an announcement to the owners in a prominent position in the property management area.

If the property management department fails to make an announcement in accordance with the provisions of the preceding paragraph, it will not affect the owners to submit relevant reports in accordance with the provisions of Item (2) of Paragraph 1 of Article 11 of this Ordinance. In the property management area built by stages, the first phase of construction is completed, and the exclusive part of the house has been sold and delivered to the owners, accounting for more than 50% of the total construction area in the current period, the first owners' meeting can also be prepared in accordance with the relevant provisions of this chapter, and the owners' committee can be established.

Subsequent phases are completed respectively, and the area of the exclusive part of the house that has been sold and delivered to the owners has reached more than 50% of the total construction area of the current period, and more than 30% of the owners who have been delivered in the current period have jointly written to the property management department of the local people's government to request the re-election of the owners' committee. The original owners' committee will automatically terminate, and all existing owners will reconvene the owners' meeting and elect the owners' committee in accordance with the relevant provisions of this chapter. The preparatory group shall complete the following preparatory work within 90 days after its establishment, and announce it to the owners in a prominent position in the property management area before the first owners' meeting 15:

(a) to determine the time, place and content of the first owners' meeting;

(two) to confirm the identity of the owners and their voting rights at the owners' meeting;

(three) put forward the list of candidates for the first session of the owners' committee;

(four) to draft the management statute and the draft rules of procedure of the owners' congress;

(5) Other preparatory work.

The number of voting rights of the owners at the meeting of the owners' general assembly shall be calculated according to the area of the exclusive part owned by them, and each square meter 1 ticket, excluding those less than 1 square meter. The first meeting of the owners' congress shall vote on the following matters:

(a) elected by the owners' committee;

(2) Draft management statute;

(three) the draft rules of procedure of the owners' congress;

(four) other matters that need to be decided by the owner. The owners' committee was elected at the first meeting of the owners' congress, but the draft management statute and the draft rules of procedure of the owners' congress were not voted. After the establishment of the owners' committee, the draft management statute and the draft rules of procedure of the owners' congress shall be revised in accordance with the relevant provisions of the state and this province and submitted to the owners' congress for voting.

If the draft management statute and the draft rules of procedure of the owners' congress are not adopted by the owners' congress, the owners' committee shall not exercise its functions and powers other than those specified in the preceding paragraph. The owners' committee shall implement the matters decided by the owners' congress and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) to draft the revised draft of the management statute and the rules of procedure of the owners' congress;

(three) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(four) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(five) to supervise the owners and property users to abide by laws, regulations and management regulations;

(six) other duties entrusted by laws, regulations and the owners' meeting.

The term "property user" as mentioned in the preceding paragraph refers to other people who actually use the property other than the lessee and the owner of the property. Members of the owners' committee shall be persons who are enthusiastic about public welfare undertakings, have a strong sense of responsibility, can perform the obligations of the owners in an exemplary manner and have certain working ability.

Members of the owners' committee are elected by the owners' congress from the owners. The term of office is three to five years and can be re-elected. The specific term of office shall be stipulated by the rules of procedure of the owners' congress. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee from among its members. The funds for the work of the owners' congress and the owners' committee shall be borne by all owners, and the raising, management and use of funds shall be decided by the owners' congress.

The owners' committee shall announce the use of working funds in a prominent position in the property management area every six months and accept the supervision of the owners. The owners' committee shall, within 30 days from the date of election, submit the following materials to the property management department of the local people's government for the record:

(a) the list of members of the owners' committee and related information;

(two) the original information about the owners' meeting;

(three) management regulations, rules of procedure of the owners' congress;

(four) other matters resolved by the owners' congress.

Where the filing matters listed in the preceding paragraph are changed, the owners' committee shall handle the filing and change procedures within 30 days. Members of the owners' committee shall terminate their duties by themselves in any of the following circumstances:

(a) due to the transfer of property ownership, gift, loss and other reasons, is no longer the owner;

(2) Losing the ability to perform duties due to illness or other reasons;

(three) in the property management area for two consecutive years of permanent residence less than half a year;

(4) Resignation in writing is accepted by the owners' assembly or the owners' committee;

(5) Being sentenced to fixed-term imprisonment or reeducation through labor according to law;

(six) other circumstances stipulated by laws, regulations and the rules of procedure of the owners' congress.

Where the duties of the members of the owners' committee are terminated, the owners' committee shall make an announcement in a prominent position in the property management area, and may accept the inquiries of the owners. Members of the owners' committee are under any of the following circumstances. Upon the proposal of more than 1/3 members of the owners' committee or more than 20 owners, a meeting of the owners' assembly may be held to decide whether to recall its members:

(1) Failing to perform the obligations of the owner and refusing to make corrections;

(2) Failing to perform the duties as a member;

(3) Infringe upon the lawful rights and interests of other owners;

(four) seek personal gain in property management activities;

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

If a member of the owners' committee is dismissed, the owners' committee shall make an announcement in a prominent position in the property management area, and may accept the inquiries of the owners. Six months before the expiration of the term of office of the owners' committee, a general election shall be organized after a written report to the property management department of the local people's government.

If the term of office of the owners' committee expires and the general election is not completed, the owners' committee shall be re-elected in accordance with the provisions of the first owners' meeting.

After the expiration of the term of office of the owners' committee, it shall not continue to perform its duties. The owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the property management department of the local people's government shall order it to correct or cancel its decision within a time limit and notify all owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the property management department of the local people's government to handle it according to law or bring a lawsuit to the people's court. A property management area shall be provided with property services by a property service enterprise. Buildings, facilities, equipment and above-ground and underground related sites within the property management area shall not be managed separately.

For the property developed by stages, if the property service enterprise has been identified in the early stage, the same property service enterprise will provide property services in the later stage. The construction unit shall, within 90 days after the property is completed and accepted, submit the following materials to the property management department of the local people's government for the record:

(a) the approval documents of the property 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) Other relevant information.

The property management department shall file the filing materials mentioned in the preceding paragraph. After the establishment of the owners' committee, the construction unit shall provide the owners' committee with the filing materials specified in Article 29 of these regulations.

The owners' committee shall provide the information needed for property management services to the property service enterprises selected by the owners' congress.

Owners, owners' committees and property service enterprises can go to the property management department to copy and consult relevant information, and the property management department shall provide services for them. The construction unit shall, within the property management area, allocate property service rooms in proportion of not less than 2‰ of the total construction area within the property management area, but the minimum is not less than 50 square meters and the maximum is not more than 500 square meters.

Property service houses are owned by all owners and provided to property service enterprises free of charge, and no unit or individual may change their use. The owners' committee has been established, and the owners' committee is responsible for receiving the housing for property services; If the owners' committee is not established, the property service room shall be received by the property management department of the local people's government.

Property services should be above the ground, can be used independently, with water, electricity, ventilation, lighting and other functions. For properties without elevators, the floor should not be higher than the fourth floor.

The office space of the owners' committee is adjusted from the property service space. When the construction unit applies for the pre-sale permit of the house and the initial registration of the ownership of the house, it shall submit the room number and relevant information of the property service house. If it is not submitted in accordance with the regulations, it shall not issue a pre-sale permit and handle the initial registration of house ownership.

When issuing pre-sale permits and handling initial registration of house ownership, real estate administrative departments shall check and specify the house number and area for property services in the real estate register. Property service enterprises shall obtain qualification certificates in accordance with the law and engage in property management services in accordance with the provisions on the management of qualification grades.

Property management professionals shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

The realty service enterprise shall not transfer or transfer the qualification certificate of the realty service enterprise and the professional qualification certificate of the management personnel in disguised form by renting, linking or lending. The realty service contract shall include the following contents:

(a) the basic situation of the property;

(two) the rights and obligations of the employer and the employee;

(3) Property services and service standards;

(four) the charging standards, methods and methods of property service fees;

(five) the maintenance requirements of the property;

(6) Term, modification and dissolution 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;

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

(10) Property service rooms;

(eleven) other matters agreed by both parties.

Property service enterprises can provide other special services other than those stipulated in the property service contract according to the entrustment of the owners and property users, and the service fees shall be agreed by both parties.

The owners' committee shall, within 30 days from the effective date of the property service contract, report to the property management department of the local people's government for the record together with the property service enterprise, and make an announcement to the owners in a prominent position in the property management area. The realty service enterprise shall establish and improve the regional security system of realty management, formulate safety emergency plans, and equip the corresponding number of security personnel according to the realty service contract. When an emergency occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in a timely manner to assist in the rescue work.

The realty service enterprise fails to establish and improve the safety system, fails to perform the stipulations of the realty service contract, or the personnel responsible for safety protection violate the safety system, thus causing personal and property safety damage to the owners or property users, and shall bear corresponding legal responsibilities according to law.

Owners, property users have special protection requirements for personal and property safety, which shall be separately agreed by the owners, property users and property service enterprises. Ordinary residential property service charges, the implementation of government guidance; The property service charges of other properties are subject to market-adjusted prices. The provincial people's government may, according to the actual situation and needs of this special economic zone, timely adjust the scope of the property subject to government-guided prices.

Where the government-guided price is implemented, the provincial price department shall, jointly with the provincial housing and urban-rural construction administrative department, formulate the corresponding benchmark price and floating range according to the classification of ordinary residential property types, service contents and service costs, and announce it to the public at least once every three years. The benchmark price is adjusted according to the social average cost of related services, consumer price index and social affordability.

The government shall hold a hearing to formulate or adjust the guiding price of property service charges. The implementation of government-guided property service charges, by the owners' committee according to the decision of the owners' congress and the property service enterprises within the scope of government-guided price consultation specific charges, reported to the local people's government price administrative departments for the record.

Property service charges in residential areas without owners' committees shall not exceed the benchmark price standard set by the government, and the property service enterprises shall report to the competent price department of the local people's government for the record.

Property service enterprises and owners' committees shall announce the charging items and standards of property service fees to owners and property users. Owners and property users have the right to inquire about this.

The realty service enterprise shall not raise the charging standard, increase the charging items and expand the charging scope without authorization.

Owners and property users have the right to refuse to accept the services provided by the property service enterprises themselves outside the property service contract and pay the fees.

The cost of water and electricity used by the parts and facilities in the property management area shall be shared by the owner according to the actual consumption. The specific measures shall be formulated by the provincial price administrative department in conjunction with the provincial housing and urban and rural construction administrative department. The property that has been completed but not yet sold or sold but not delivered to the owner on time due to the reason of the construction unit shall be paid in full by the construction unit.

The property service fee generated after the property is delivered to the owner according to law shall be paid in full by the owner; However, the property service fee promised by the construction unit to the owner when selling the property shall be paid by the construction unit according to the promised fee. After the expiration of the term of the realty service contract, the owners' meeting has not yet made a decision on renewing or hiring the realty service enterprise. If the original realty service enterprise continues to provide services according to the original contract, the original realty service contract will be automatically extended until the newly selected realty service enterprise formally takes over. The owner shall pay the property service fee during the extension period in accordance with the original contract.

Article 43 A realty service enterprise shall handle the following handover procedures within 10 days after the termination of the realty service contract:

(a) the transfer of property services owned by the owners, business premises, venues and other property;

(2) Transferring the property owned by the owner during the service period;

(three) transfer the balance of property service fees or property service funds, special maintenance funds and related expenses received in advance;

(four) the transfer of the relevant information about the overhaul, renewal, transformation, maintenance, operation and maintenance of the property parts and facilities formed in the process of providing property services.

The property and materials specified in the preceding paragraph, if the owners' committee is established, shall be handed over to the owners' committee; If the owners' committee is not established or the term of office of the owners' committee expires and the general election is not completed, it shall be handed over to the property management department of the local people's government for receiving and escrow.

The realty service enterprise shall also report the relevant information specified in Item (4) of the first paragraph to the property management department of the local people's government for the record. After the termination, termination or continuation of the service of the realty service contract, the realty service enterprise shall not refuse to handle the transfer formalities on the grounds that the owner is in arrears.

The owners' committee and the realty service enterprise shall report to the property management department of the local people's government within 10 days after the termination of the realty service contract. The property management department shall establish and improve the integrity files of property service enterprises and employees.

If a realty service enterprise is punished for violating laws and regulations, it shall not undertake new realty service projects within one year, and the competent department of realty management shall record relevant information in its integrity file and publicize it. When decorating a house, the owner shall abide by the provisions on house decoration and safe use, temporary management regulations or management regulations, and inform the realty service enterprise and the owners' committee. The realty service enterprise shall inform the owners in writing of the prohibited acts and matters needing attention in the house decoration, and conduct on-site supervision on the house decoration construction.

Owners in violation of housing decoration regulations, temporary management regulations or management regulations, property services companies should promptly urge them to correct; If it is still not corrected, the realty service enterprise has the right to prohibit the decoration construction personnel and building materials from entering the realty management area, and report to the relevant competent department, which shall handle it in time.

If the decoration of the owners affects the normal life of the neighboring owners, the neighboring owners have the right to stop it, or they may request the realty service enterprise or the owners' committee to coordinate the handling. The realty service enterprise or the owners' committee shall coordinate the handling within 24 hours after receiving the request. Where the construction unit sells parking spaces and garages within the property management area, it shall handle the pre-sale permit or property right registration of parking spaces and garages according to law before the sale. However, if the parking spaces and garages are already owned by the owners, or occupy the parking spaces and garages set on the roads or other sites owned by the owners, the parking spaces and garages shall be owned by all the owners.

The income from all the parking spaces and garages owned by the owner belongs to all the owners, and their uses are determined by the owner.

Vehicle parking service charges in the residential property area shall be implemented in accordance with the relevant provisions of this province. Parking spaces and garages in the property management area should first meet the needs of owners and property users.

When the number of parking spaces and garages is equal to or less than the number of houses in the property management area, each house can only buy or lease one parking space or garage. There are parking spaces and garages, and owners and property users can rent another parking space and garage; Can also be temporarily leased to units and individuals other than the owners and property users, but the owners and property users should take it back at any time as needed.

The construction unit or the owner shall not sell or transfer the parking spaces and garages to anyone other than the owner of the property management area. If anyone other than the owner of the property management area buys a parking space or garage, the real estate registration department will not handle the registration and transfer procedures.

The construction unit shall not sell or rent parking spaces or garages. The realty service enterprise shall take measures to strictly manage the vehicles entering the residential property management area.

Parking vehicles in the property management area shall not affect the normal traffic of other vehicles and pedestrians.

Engineering vehicles, large and medium-sized passenger and cargo vehicles shall not be parked in the residential property management area. However, due to the construction of the property management area and the maintenance of facilities and equipment, it is necessary to park construction vehicles.

The traffic administrative department of the public security organ shall accept the traffic accident alarm within the property management area.

In accordance with the provisions of this article, it is not allowed to enter the residential property management area to park vehicles or the parked vehicles affect the normal passage of other vehicles and pedestrians, and the property service enterprise shall stop it or order it to leave. Owners, property users and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of the owners.

Due to the maintenance of property or public interests, owners and property users really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners, property users and property service enterprises shall restore the roads and sites temporarily occupied and excavated to the original state within the agreed time limit. Professional business units such as water supply, power supply, gas supply, communication and cable TV in the property management area. It shall read the meter from the end user to the home and collect the relevant fees, and shall not force the property service enterprise to collect and remit the relevant fees free of charge, and shall not stop providing services to the end user because the property service enterprise refuses to collect and remit the relevant fees.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees from the owners. Property maintenance, renovation and renovation costs shall be borne in accordance with the following provisions:

(a) the cost of the self-use part shall be borne by the owner who owns the part;

(2) The expenses for overhaul, renewal and transformation of the parts and facilities used by the property shall be shared by the owners in proportion to the construction area of the property. In accordance with the relevant provisions of the establishment of special maintenance funds, from the special maintenance funds charged. However, some property of * * * belongs to man-made damage, and the expenses shall be borne by the responsible person;

(three) the maintenance costs incurred during the property warranty period shall be borne by the construction unit and shall not be charged from the special maintenance funds;

(four) maintenance and maintenance of water supply, power supply, gas supply, communication, cable TV and other professional operating facilities and equipment in the property management area.

The cost of new construction and renovation shall be borne by professional business units and shall not be charged from special maintenance funds.

Measures for the collection, use and management of special maintenance funds shall be implemented in accordance with the relevant provisions of the state and this province. Where the parts and facilities of the property are seriously damaged or broken down, which seriously affects the owner's life or personal and property safety, and it is necessary to urgently use special maintenance funds for maintenance and renewal, the owners' committee may use special maintenance funds after a written report to the property management department of the local people's government and with the consent of half of the residential owners.

If the property management department thinks that the situation reflected by the owners' committee does not belong to the situation that the special maintenance funds can be used urgently as stipulated in the preceding paragraph, it shall inform the owners' committee not to use them urgently.

Due to natural disasters or serious failures, the * * * used parts and * * * used facilities and equipment are damaged, and the owners' committee urgently uses special maintenance funds, which shall be submitted to the next owners' meeting for deliberation and ratification.

If the owners' committee has not been established in the property management area, the property service enterprise or the owners can use the special maintenance funds for maintenance and renewal in an emergency under the circumstances specified in the first and third paragraphs, and submit a written application to the property management department of the local people's government, and after the approval of the property management department, they can use the special maintenance funds in an emergency.