Measures of Ji 'nan Municipality on the Administration of Property Charge

The Measures for Property Management in Jinan City have been discussed and passed at the 62nd executive meeting of the municipal government on 20 14 and 1 and are hereby promulgated and shall come into force on 20 15. Chapter I General Provisions Article 1 In order to strengthen urban property management in this Municipality, standardize property management behaviors, safeguard the legitimate rights and interests of owners, non-owners and property management enterprises, and improve the level of urban management, these Measures are formulated in accordance with the provisions of relevant laws and regulations and in light of the actual situation of this Municipality. Article 2 The term "property" as mentioned in these Measures refers to all kinds of urban residential buildings, non-residential buildings, public buildings and supporting facilities that have been completed and delivered for use. The term "owner" as mentioned in these Measures refers to the owner of the property. The term "non-owner users" as mentioned in these Measures refers to the lessee of the property and other people who actually use the property. The term "property management enterprise" as mentioned in these Measures refers to an economic organization established according to law, engaged in property management and services, and having the qualification of enterprise legal person. Article 3 These Measures shall apply to the urban property management within the urban area of this Municipality. Property management must be implemented in residential areas within the urban area of this Municipality. The specific scope of the property management area shall be designated by the municipal property administrative department. Article 4 The municipal real estate management department is the administrative department in charge of real estate management in this Municipality. Entrusted by the municipal real estate management department, the district real estate management department is responsible for the property management within its jurisdiction. Planning, public security, land, urban construction, public utilities, sanitation, gardens, neighborhood offices and residents' committees shall, in accordance with their respective responsibilities, cooperate with the municipal property administrative departments to do a good job in the property management of this Municipality. Chapter II Property Management Organization Article 5 The system of owners' assembly and owners' committee shall be implemented in the property management of residential quarters in this Municipality. Property management of organs, enterprises and institutions, commercial buildings, office buildings and other single buildings or professional service institutions shall be entrusted by the owners. Article 6 The owners' congress is composed of all owners in the property management area. If the number of owners is large, the owners' representatives shall be elected in proportion. The owners' meeting shall be held only when more than half of the owners are present. The municipal property administrative department shall organize and convene an owners' meeting once a year. Special circumstances can be held temporarily upon the proposal of more than 15% of the owners. Article 7 The owners' congress shall exercise the following functions and powers: (1) To elect and recall members of the owners' committee; (two) to listen to and consider the work report of the owners' committee and supervise the work of the owners' committee; (3) adopting and amending the owners' convention; (four) to change and cancel the inappropriate decisions of the owners' committee; (5) Deciding to hire or dismiss the property management enterprise; (six) to decide other related matters of property management. Article 8 The owners' committee shall be elected by the owners' congress. The owners' committee consists of seven to eleven members, with one director and one to two deputy directors, with a term of two years. Members of the owners' committee may be re-elected. The owners' committee shall, within fifteen days from the date of election, register with the municipal property administrative department. Article 9 The main duties of the owners' committee are as follows: (1) To be responsible for selecting and hiring property management enterprises and signing property management employment contracts with them; (two) to supervise the property management of property management enterprises; (three) to listen to the opinions and suggestions of the owners and non owners; (four) to cooperate with the property management enterprises to implement various management measures; (five) other duties entrusted by the owners' congress. Tenth city property administrative departments shall regularly organize the owners' committee to hold meetings. The decision made by the owners' committee shall be adopted by more than half of all members. Chapter III Property Management Enterprises Article 11 The establishment of a property management enterprise shall meet the following conditions: [(1) Having the name, articles of association and fixed office space of the enterprise; (two) a sound organization and management institutions and a certain number of professional and technical and management personnel; (3) Having the property management ability with a building area of 1 10,000 square meters or more; (4) Monetary funds with a registered capital of more than RMB 300,000; (5) Other conditions stipulated by laws and regulations. Twelfth property management companies must be registered in accordance with the law, obtain legal personality, and obtain the "Property Management Enterprise Qualification Certificate" in accordance with the relevant provisions before engaging in property management. Thirteenth to apply for the "property management enterprise qualification certificate", the following materials must be submitted: (a) property management enterprise qualification examination declaration form; (2) Certificate of legal representative and identity certificate; (3) Management articles of association, business place certificate and credit certificate; (4) Qualification certificates or certificates of various professional managers; (5) Other relevant documents and materials. Chapter IV Property Management Services Article 14 Where a property management enterprise is entrusted to engage in property management services, it shall sign a property management employment contract with the owners' committee or owners, and report to the municipal property administrative department for the record within ten days from the date of signing the contract. Fifteenth property management employment contract shall include the following contents: (a) the project, scope, content and cost of property management services; (2) Rights and obligations of both parties; (3) Requirements and standards for management services; (4) Term of the contract; (five) the liability for breach of contract and the way to resolve disputes; (6) Other matters agreed by both parties. Article 16 Property management services shall include the following contents: (1) Use, management, maintenance and update of ×× parts and ×× equipment of the house; (two) the operation services of elevators, secondary water supply and other facilities; (3) collecting domestic garbage and cleaning the environment; (four) to assist the public security organs to do a good job in the security and safety inspection of the property management area; (five) to manage the order of vehicle driving and parking in the property management area; (six) the maintenance and management of public green space and public infrastructure in the property management area; (seven) other matters determined by the property management employment contract. Seventeenth water supply, power supply, gas supply, heating, communications, cable television and other municipal public facilities management units, you can entrust their professional services to property management companies to implement unified services. If the entrusted service is not implemented, the relevant municipal facilities management unit shall serve the residents. Eighteenth hiring property management companies, should take the form of public bidding or invitation to tender. Take public bidding, bidding by the municipal administrative department of property organization and implementation. Article 19 After the owners' committee selects a property management enterprise, the original management unit or department shall hand over the property management-related work to the new property management enterprise and provide the property management-related files. Twentieth property management companies should sign service contracts with owners and non-owners after being hired. The service contract includes the following main contents: (1) property management services; (2) Rights and obligations of both parties; (3) charging standards and payment period; (4) Liability for breach of contract and dispute settlement methods; (5) Other matters. Twenty-first property management employment contract expires, one party does not renew the contract, it shall notify the other party two months before the expiration of the contract. Before the expiration of the property management employment contract, if the property management enterprise goes bankrupt or is revoked, the owners' committee may entrust the municipal property administrative department to designate the property management enterprise to temporarily implement the property management in this area. The property management enterprise shall vacate the residential property management premises and other property management service facilities within 15 days after the termination or suspension of the contract, hand over the relevant materials, and handle the transfer procedures such as fee settlement. Article 22 The main income sources of property management funds: (1) Property management funds paid by development and construction units according to regulations; (two) according to the provisions of the extraction of property maintenance fund interest * * *; (3) Property management service fees charged according to regulations; (4) Revenue from special entrusted services; (five) the operating income of public facilities, equipment and public places in the property area; (6) Other lawful income. The public funds for property management listed in Item (1) of this article shall be stored in special accounts in accordance with the provisions and used for special purposes. The property management service fees listed in Item (3) of this article shall be collected from the owners and non-owners by the property management enterprises. Property management service fees and standards shall be jointly formulated by the municipal property administrative department and the price administrative department, and shall be promulgated and implemented after being approved by the municipal government. Twenty-third preliminary property management of new residential areas shall be entrusted by the development and construction unit to the property management enterprise, and the expenses shall be borne by the development and construction unit. Article 24 When the property management right is transferred, the development and construction unit of the newly-built residential area and the management unit of the original residential area shall provide supporting property management houses and supporting parking lots (garages), bicycle sheds and other property management service facilities to the owners' committee according to the proportion of 0.2% of the total construction area of the residential area. Property management houses, parking lots (garages), bicycle sheds and other property management service facilities are owned by all owners, and no unit or individual may occupy or use them for other purposes without authorization, or mortgage, exchange or buy or sell them. Chapter V Use and Maintenance of Property Article 25 The responsibilities for property maintenance shall be divided according to the following provisions: (1) The self-use parts, facilities and equipment inside the house shall be maintained by the owners or non-owners; (two) the * * * part of the house, the * * * facilities and equipment, and the supporting public * * * infrastructure are maintained by the selected property management enterprise; (3) Municipal public facilities shall be maintained by the management unit to which they belong. Twenty-sixth property maintenance costs, according to the following provisions: (a) the maintenance costs of self-use parts of the house, self-use facilities and equipment, borne by the owners or non-owners; (2) the maintenance costs of the parts and facilities used in the house shall be borne by the owners and non-owners who use the house in proportion to their respective construction areas; The expenses that should be borne by the owners who have paid the housing reform maintenance fund can be charged from the paid maintenance fund in accordance with relevant regulations; (three) supporting public infrastructure maintenance costs, paid from the public funds of residential property management; (four) the maintenance cost of municipal public facilities shall be borne by the unit that manages the facilities. Twenty-seventh housing parts, facilities and equipment, supporting public infrastructure and municipal public facilities maintenance, adjacent owners or non owners should cooperate. Twenty-eighth owners and non-owners shall not have the following acts: (1) damage the load-bearing structure of the house and damage the appearance of the house; (two) occupation, damage to the house * * * parts, * * facilities and equipment or mobile * * * equipment; (3) Erecting buildings (structures) in patios, courtyards, platforms, roofs, roads or other venues; (four) occupation of green space, damage to flowers and trees; (five) littering, sundry; (6) Hanging ropes, scribbling and portraying on buildings (structures); (seven) the discharge of toxic and harmful substances or noise nuisance; (eight) other acts prohibited by laws and regulations. Twenty-ninth power supply, water supply, gas supply, heating, roads, drainage, communications, cable television and other municipal public facilities. In the property management area for new, maintenance, renewal and transformation, the facility management unit shall notify the property management enterprise, go through the construction procedures in accordance with the relevant provisions, and do a good job in the recovery after construction. Chapter VI Legal Liability Article 30 If a property management enterprise violates the provisions of Article 12 of these Measures, the municipal property administrative department shall order it to complete the formalities within a time limit, and may also impose a fine of 1 10,000 yuan to 30,000 yuan. Thirty-first owners and non-owners who fail to pay the fees according to the regulations, the property management enterprise may require them to pay within a time limit, and impose a daily overdue fine of three thousandths. Fails to pay, property management companies can pay in accordance with the law. Thirty-second property management companies and owners, non-owners in violation of these measures, involving planning, land, housing, city appearance, environmental sanitation, municipal facilities, greening, fire control and public security management, by the relevant administrative departments in accordance with the relevant provisions. Thirty-third property management companies and the owners' committee or one of the owners in violation of the property management employment contract disputes, can be mediated by the municipal administrative department of property. If mediation fails, it may apply to the Arbitration Commission for arbitration or bring a lawsuit to the people's court according to law. Article 34 If a property management enterprise fails to perform the obligations stipulated in the property management employment contract according to law and fails to make corrections after repeated education, the municipal property administrative department shall, in addition to handling the matter in accordance with the provisions of the preceding article, lower its qualification level in accordance with the relevant provisions until its qualification is cancelled and its qualification certificate is withdrawn. Thirty-fifth property administrative organs staff dereliction of duty, abuse of power, corruption, given administrative sanctions by the competent authorities; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 36 If a party refuses to accept the administrative punishment, it may apply for reconsideration or bring a lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the decision on administrative punishment within the time limit, the organ that made the administrative punishment shall apply to the people's court for compulsory execution. Chapter VII Supplementary Provisions Article 37 If property management has been implemented before the promulgation of these Measures but it is not standardized, the municipal property administrative department shall make rectification within a time limit. Before the implementation of these measures, the property management has not been implemented in the residential quarters that have been accepted and delivered, and the municipal property administrative department shall implement the property management within a time limit. Thirty-eighth counties (cities) can refer to these measures. Thirty-ninth problems in the specific application of these measures shall be interpreted by the municipal property administrative department. Fortieth these Measures shall come into force as of the date of promulgation.

Legal objectivity:

According to the provisions of the Interim Measures of Jinan for Urban Property Management Service Charge: 1. The grade charging standard is applicable to all kinds of properties in urban areas and property management fees for high-rise apartments, senior residences, villas, office buildings, comprehensive buildings, commercial buildings, hotels and industrial parks in counties (cities). 2. The charging standard for the public service level of property management in residential quarters is (calculated according to the interior construction area): Grade I: 0.50-0.80 yuan per square construction area per month; Grade II: 0.40-0.60 yuan per square construction area per month; Grade III: 0.25-0.35 yuan per square construction area per month; Grade 4, 0. 15-0.25 yuan per square construction area per month. Residential buildings equipped with elevators shall go through elevator procedures on a voluntary basis. 5 yuan for permanent residents and 0. 10 yuan for temporary visitors each time.