The full text of "Lishui City Property Management Measures" (2)

Chapter IV Property Management Services

Thirtieth a property management area by a property service enterprise to provide property services. Advocate owners to choose property service enterprises through an open, fair and just market competition mechanism.

Advocate the implementation of the property service reward system in the property management area.

Thirty-first property management departments should establish a property service enterprise credit files and property management statistics system. The realty service enterprise shall submit quarterly and annual statistical statements and other relevant materials to the realty management department in accordance with the provisions.

Thirty-second foreign property service enterprises engaged in property management services in urban areas, should be the qualification certificate and other related materials to the property management department for the record.

Thirty-third property service enterprises shall publicize the property service items, service contents, service standards, charging standards and complaint telephone numbers in a prominent position in the property management area, and accept the supervision of the owners and relevant departments.

Property service enterprises to implement the charging system, it should be established in accordance with the provisions of the property management fund, regularly publish its income and expenditure, accept the supervision of all owners; Where the contract fee system is implemented, the revenue and expenditure of the * * * parts of the property, * * facilities and equipment and related sites shall be announced regularly.

The specific standards and collection methods of property service fees shall be implemented in accordance with the "Lishui Property Service Charge Measures" formulated by the price and property management department.

Article 34 Within 10 days after the termination of the realty service contract, the realty service enterprise shall go through the written handover procedures with the owners' committee or the newly-selected realty service enterprise, and hand over the prepaid realty service fee, all the prophase realty management materials and realty management houses formed in the process of realty management.

Thirty-fifth street offices (township governments) and residents' committees shall cooperate with the property management department or be entrusted by it to mediate the contradictions and disputes between owners, non-owners and property service enterprises in property management activities.

Chapter V Use and Maintenance of Property

Thirty-sixth owners have the ownership of the exclusive parts of buildings such as business buildings, and have the right to co-manage the parts other than the exclusive parts.

The construction, handover, reception, transformation and management of * * * facilities and equipment in the property management area shall be implemented in accordance with the Measures for the Administration of Relevant * * * Facilities and Equipment in the Property Management Area of Zhejiang Province.

Thirty-seventh owners and non-owners should use the property according to the purpose stated in the real estate ownership certificate or the design purpose approved by the planning administrative department, and may not change the nature of the use of the property. If it is really necessary to change, it shall obtain the consent of the interested parties, report to the planning, land and resources and other relevant departments for approval, and go through the relevant formalities according to law.

Article 38 The following acts that harm public interests are prohibited:

(a) changing the load-bearing structure of the house without authorization;

(two) illegal construction of buildings and structures;

(three) unauthorized alteration, occupation of property * * * parts;

(four) damage or unauthorized occupation, demolition of facilities and equipment;

(five) storing inflammable, explosive, toxic, radioactive and other dangerous goods that do not meet the safety standards, or storing and stacking overloaded goods;

(six) excessive discharge of toxic and harmful substances;

(seven) the emission noise exceeds the prescribed standards;

(eight) other acts prohibited by laws, regulations or owners' convention.

Thirty-ninth owners or non-owners who use the decoration of houses shall report to the property service enterprise or the property management department for registration before the start of construction.

The realty service enterprise shall inform the owners or non-owners of the prohibited acts and matters needing attention in the decoration.

Advocate qualified decoration enterprises to undertake the construction of property decoration projects.

Fortieth renovation projects involving changes in the main body of the property and the load-bearing structure, the owners and decoration enterprises shall obtain the consent of the construction planning department in advance, and entrust the original design unit or a design unit with corresponding qualification grade to put forward the design scheme before construction. No construction can be started without a design scheme.

Forty-first owners or non-owners who use houses for decoration shall abide by the provisions of laws, regulations and these measures, as well as the temporary owners' convention and owners' convention.

Forty-second property service enterprises should strengthen the inspection of decoration safety matters in the property management area, and the owners should cooperate. Property service enterprises found that owners and non-owners used the property in violation of the "Regulations" of the State Council, the "Regulations" of the province and the provisions of these measures, as well as the temporary owners' convention and the owners' convention, should be discouraged and stopped. If the realty service enterprise discourages or stops ineffectiveness, it shall report to the realty management department or the relevant administrative department in a timely manner.

Other units or individuals who find that the owners and non-owners use the property in violation of the "Regulations" of the State Council, the "Regulations" of the province and the provisions of these measures may complain or report to the property management department or the relevant administrative departments. Property management departments or relevant administrative departments shall, after receiving reports, complaints and reports, deal with them in a timely manner according to law.

Forty-third use of property * * * parts, * * with facilities and equipment for business activities, with the consent of the relevant owners, owners' congress, property services companies, you can apply to the relevant departments for examination and approval procedures. The proceeds are mainly used to supplement special maintenance funds, and can also be used for other needs in property management according to the decision of the owners' meeting.

Forty-fourth residential property, residential area of non-residential property or non-residential property owners connected with a single residential building structure, should pay special maintenance funds in accordance with the relevant provisions of the state and province.

Article 45 Special maintenance funds for property (hereinafter referred to as special maintenance funds) refer to the funds deposited by the owners for the maintenance, renewal and transformation of the * * * parts of the building and the * * * facilities and equipment in the building division after the expiration of the warranty period.

Property special maintenance funds are managed by the owners themselves and managed by the government on their behalf, and owners are encouraged to manage independently through the principle of democratic consultation. The payment, management and use of special property maintenance funds shall be implemented in accordance with the Measures for the Administration of Special Property Maintenance Funds in Zhejiang Province.

Forty-sixth property security risks, endangering public interests and the legitimate rights and interests of other owners, the responsible person should be timely maintenance, eliminate hidden dangers, the relevant owners should give the necessary cooperation.

If the responsible person fails to perform the maintenance obligation, with the consent of the owners' meeting or the owners' committee, the property service enterprise may carry out maintenance on its behalf, and the expenses required shall be borne by the responsible person.

Owners and non-owners in the use of property rights disputes, you can ask the local neighborhood offices (township government), property management departments or joint meetings for mediation.

Article 47 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state. The construction unit may entrust the realty service enterprise with the warranty, or organize the warranty by itself.

Before the completion and acceptance of the property, the construction unit shall pay 2% of the total cost of the property construction and installation project to the property management department at one time and deposit it in the designated bank as a guarantee for the warranty expenses during the property warranty period.

The payment, use, refund, management and supervision of property warranty funds shall be implemented in accordance with the Measures for the Administration of Residential Property Warranty Funds in Zhejiang Province.

Chapter VI Legal Liability

Forty-eighth in violation of the relevant provisions of these measures, the real estate management department in accordance with the relevant provisions of the "Regulations" of the State Council and the "Regulations" of the province, investigated and dealt with according to law.

The decoration behavior involving the change of the main building or load-bearing structure shall be implemented in accordance with the provisions of Article 69 of the Regulations of the State Council Municipality on the Quality Management of Urban Construction Projects.

Article 49 The owners' assembly and the owners' committee have the right to require the actors to stop the infringement, remove the danger, remove the obstruction and compensate for the losses in accordance with laws, regulations and management regulations for any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, encroaching on passages, refusing to pay property fees, etc.

In property management activities, the owners' committee may bring a lawsuit in the name of the owners' committee to safeguard the rights and interests of the owners in the property management area upon the decision of the owners' congress. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.

Fiftieth realty service enterprise fails to fulfill the obligations stipulated in the realty service contract, causing personal and property damage to the owner, and shall bear civil liability according to law.

If the owner fails to pay the property service fee as agreed in the property service contract, the owners' committee shall urge the owner to pay, and the property service enterprise may apply for arbitration or bring a lawsuit according to law.

Fifty-first property management departments or other relevant administrative departments of the staff have one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) misappropriation of special maintenance funds or warranty funds;

(two) the complaints and reports are not handled in time or the illegal acts are not investigated and dealt with according to law;

(three) not according to the provisions issued by the owners' congress, the owners' committee for the record certificate and seal engraving certificate;

(four) taking advantage of his position to accept illegitimate interests such as property of the construction unit or others;

(five) other acts of dereliction of duty, abuse of power and personal gain.

Chapter VII Supplementary Provisions

The meaning of fifty-second terms and technical terms in these Measures shall be subject to the provisions of the laws and regulations of this province.

Fifty-third owners decided not to hire property services companies to implement self-management, in accordance with the relevant provisions of the "Regulations" of the State Council, the "Regulations" of the province and these measures.

Fifty-fourth counties (cities) may refer to the actual situation.

Article 55 These Measures shall come into force as of July 6, 2007.