Measures of Luzhou Municipality on Property Management

Measures of Luzhou Municipality on Property Management

The "measures" of Luzhou property management has been deliberated and adopted at the 32nd executive meeting of the Seventh Municipal People's Government, and shall come into force as of June 65438. The following is the full text of Luzhou Property Management Measures:

Chapter I General Principles

Article 1 In order to safeguard the legitimate rights and interests of owners, property users and property service enterprises, standardize property management activities, and promote social harmony, these Measures are formulated in accordance with the People's Republic of China (PRC) Property Law, the State Council Property Management Regulations, Sichuan Property Management Regulations, Ministry of Construction Property Service Enterprise Qualification Management Regulations and other laws, regulations, rules and relevant provisions, and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management, use and related supervision and management activities within the administrative area of this Municipality.

Article 3 The real estate administrative department of the Municipal People's Government (hereinafter referred to as the municipal real estate administrative department) shall be responsible for guiding and supervising the property management activities of the whole city.

The real estate administrative department of the county people's government (hereinafter referred to as the county real estate administrative department) is responsible for the specific supervision and management of property management activities within its administrative area.

Development and reform, public security, justice, environmental protection, urban management, quality supervision, industry and commerce and other relevant departments shall, in accordance with their respective responsibilities, provide services and supervise property management activities according to law.

Water supply, power supply, gas supply, communication, cable television and other units shall bear the responsibility for the maintenance and conservation of relevant pipelines and facilities within the property management area according to law. Water, electricity, gas and other professional business units shall implement meter reading fees to end users, undertake the operation and management obligations of professional business facilities and equipment, coordinate and handle contradictions and disputes involving water, electricity and gas, and ensure the normal use of residents.

Article 4 District and county people's governments shall incorporate the property service industry into the local modern service industry development plan, formulate supporting policies, strengthen industry management, establish institutions, implement rewards and punishments, and ensure the healthy and orderly development of property management.

Article 5 Sub-district offices (township and town people's governments) shall organize, guide and coordinate the establishment of the owners' congress and the election of the owners' committee within their respective jurisdictions, urge the owners' congress and the owners' committee to perform their duties according to law, coordinate the relationship between community construction and property management, and mediate and handle property management disputes.

The residents' (villagers') committee shall assist the sub-district offices (township and town people's governments) to carry out the related work of property management.

Disputes arising from property management and use between owners, owners' congress and owners' committee, property service enterprises, professional business units and construction units may apply to the street (township) people's mediation committee for mediation.

Article 6 A joint meeting system of property management shall be established to coordinate and handle related matters between property management and community management.

The joint meeting of property management is convened by the sub-district offices (township and town people's governments), with the participation of district and county real estate departments, residents' (villagers') committees, police stations, property service enterprises, owners' committees or owners' representatives and professional business units. Should participate in the joint meeting of property management, coordinate and solve the following matters:

(a) the owners' committee fails to perform its duties according to law;

(two) the problems in the process of the change of the owners' committee;

(three) major issues in the performance of the property service contract;

(four) the problem of premature termination of the property service contract;

(five) problems in the process of withdrawal and handover of property service enterprises;

(six) other property management issues that need to be coordinated and solved.

Chapter II Owners, Owners' Congress and Owners' Committee

Article 7 The owner of a house registered according to law is the owner.

Those who occupy the house in advance due to legal relations such as buying, selling and giving, and obtain the ownership of the house through inheritance, litigation and government expropriation, but have not registered the ownership according to law, shall enjoy the rights of the owner in property management and bear corresponding obligations.

The owner shall not fail to perform his obligations on the grounds of giving up his rights.

Article 8 In the property management area where the owners' assembly and the elected owners' committee have not been established due to objective reasons, the neighborhood offices (township and town people's governments) may serve as the owners' committee after soliciting the opinions of the owners in the property management area and obtaining the written consent of the owners who account for more than half of the total area of proprietary buildings and more than half of them.

Ninth preparatory group and the first meeting of the owners' congress shall be borne by the construction unit.

According to the construction area of less than 30,000 square meters (including 30,000 square meters), the development and construction units are 0.5 million yuan and 30,000 yuan respectively. The standard of 50,000 square meters (including 50,000 square meters) is 6.5438+0,000 yuan, and the standard of 50,000 square meters or more and 20,000 yuan is guaranteed first. Before the completion and acceptance of the basic supporting facilities, it will be transferred to the office expenses supervision account of the owners' meeting established by the community neighborhood Committee according to the principle of territorial management.

The funds generated after the establishment of the owners' meeting shall be borne by the owners. The transportation, communication and lost time expenses of the members of the owners' committee are included in the property management expenses. The owners' committee shall pay the expenses according to the decision of the owners' congress, and the expenses shall be reported to the owners' congress every year.

Article 10 The members of the owners' committee shall be the natural person owners within the property management area or the natural person representatives authorized by the unit owners, and meet the following conditions:

(1) Having full capacity for civil conduct;

(two) law-abiding, enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and integrity, with certain organizational skills;

(three) abide by the management statute and the rules of procedure of the owners' meeting, fulfill the obligations of the owners, and not default on property service fees and other related expenses;

(4) There is no violation of other owners' rights and public interests in the property area;

(five) I, my spouse and immediate family members have not provided management services in the property management area;

(six) have the health conditions and cultural level to perform their duties;

(seven) a written commitment to actively, timely and fully perform their duties and have the necessary working hours.

Article 11 If the owners or interested parties think that the process of setting up the owners' committee violates the procedures or commits fraud, they can apply for verification to the neighborhood offices (township and town people's governments) where the property is located with corresponding evidential materials, and the neighborhood offices (township and town people's governments) shall report the verification to the district and county real estate departments within 20 days after receiving the application, and the district and county real estate departments will handle it according to the situation.

Article 12 The owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and consists of odd numbers of more than 5 people 1 1 and the term of office is not more than 5 years.

The meeting of the owners' committee shall be attended by more than half of the members, and the decision made must be agreed by more than half of all the members.

The decision of the owners' committee shall be announced in a prominent position in the property management area for more than 7 days within 3 days from the date of making it. The decisions of the owners' committee shall be filed and managed by the owners' committee, and the owners' inquiries shall be accepted.

If the elected members of the owners' committee are incompetent during their term of office, more than half of the members of the owners' committee or more than one fifth of the owners propose to revoke their membership and hold a by-election.

Thirteenth due to regional changes in property management and dissolution of the owners' committee, before dissolution, the owners' committee shall be under the guidance and supervision of the neighborhood offices (township and town people's governments) where the property is located, with the assistance of the residents' (villagers') committee.

Chapter III Early Property Management

Article 14 Before applying for the pre-sale permit of commercial housing or the sale of existing houses, the construction unit shall select a property management enterprise with corresponding qualifications through bidding to conduct preliminary property management. The expert members of the bid evaluation committee shall be randomly selected by the tenderer from the roster of experts established by the real estate administrative department. The tenderer shall, within 5 days from the date of determining the winning bidder/kloc-0, hold relevant information to the district and county real estate departments for the record, and the district and county real estate departments shall send a copy of the list of winning bidders to the neighborhood offices where the property management area is located.

Under any of the following circumstances, with the approval of the district or county real estate department where the residential property is located, the realty service enterprise may be selected by agreement:

(a) the total construction area of the residential property management area is less than 30 thousand square meters;

(2) There are less than three bidders;

(3) It is otherwise stipulated by laws and regulations.

A property management area should be invited for bidding as a whole.

Fifteenth construction units and property buyers signed a house sale contract, it should be clear to the buyer the prophase property service contract, temporary management regulations, residential instructions and other content.

The property buyer shall abide by the temporary management agreement and perform the prophase property service contract.

The model text of the prophase realty service contract shall be formulated by the municipal and county real estate departments with reference to the model text produced by the provincial housing and urban and rural construction administrative departments.

Sixteenth new residential properties to implement the property delivery and acceptance system. Before undertaking a new property, the realty service enterprise and the construction unit shall, after the completion and acceptance of the newly-built residential area, check and accept the parts and facilities of the property in accordance with the relevant provisions of the state and the stipulations of the previous realty service contract.

To undertake property inspection, the owner's representative, the real estate administrative department where the property is located, the subdistrict office (township people's government) and the neighborhood (village) committees shall be invited to participate, and relevant professional organizations may be hired to assist.

Seventeenth property service enterprises shall, within 30 days after the transfer of the property, report the acceptance documents to the district and county real estate authorities where the property is located for the record, and make a prominent announcement in the property management area.

Eighteenth property service enterprises should be in accordance with the relevant provisions, and the construction unit or the owners' committee for the transfer of property files and property service files, owners' ownership and other information.

The realty service enterprise shall, within 30 days from the date of handling the transfer formalities, submit the relevant materials to the district and county real estate departments for the record.

Chapter IV Property Services

Nineteenth property management area by the construction unit or the owners' committee to apply to the county real estate department, the neighborhood offices where the property is located (township, town people's government) with the county real estate department designated.

County real estate departments should establish regional property management files.

Twentieth new residential property, the construction unit shall, according to the standard supporting the construction of property services, the owners' committee meeting room.

In property services, the meeting room of the owners' committee is located on the ground at least 50%. Property service rooms are allocated according to two thousandths of the total construction area, and not less than 100 square meter; The room for the deliberation activities of the owners' committee shall be no less than 30 square meters.

Twenty-first property service enterprises shall perform the contract according to law, provide professional services in accordance with the technical standards and industry norms of the state, Sichuan Province and this Municipality on property management, and continuously improve the management and service level.

The realty service enterprise shall, within 30 days from the date of signing the realty service contract, file with the district and county real estate departments.

Article 22 A realty service enterprise shall accept the supervision and inspection of the qualification examination and approval department, the district and county real estate departments and the neighborhood offices (township and town people's governments) where the property is located, and submit credit information, statistical statements and other relevant materials in accordance with the provisions.

The district and county real estate departments shall strengthen the supervision and inspection of the property service enterprises within their jurisdiction, and evaluate the supervision and inspection as the contents of the enterprise credit files.

The realty service enterprise shall accept the supervision of the owners, the owners' congress and the owners' committee.

Article 23 A realty service enterprise shall formulate an emergency plan for safety prevention within the realty management area, make specific provisions on the prevention and disposal of sudden natural disasters, public health incidents, water supply, power supply and gas supply accidents, and property safety accidents, and report to relevant departments in time when emergencies occur.

Public security, environmental protection, planning, industry and commerce, quality supervision, urban management and other departments should strengthen the management guidance of property management areas, and promptly investigate and deal with reports of violations of laws and regulations on public security, environmental protection, property decoration or safety accidents.

Public security activities in the property management area shall be subject to the administrative management, guidance, supervision and inspection of the public security organs, and establish a public security linkage mechanism with the local police stations. The realty service enterprise shall actively assist and cooperate with the public security organs to strengthen the management of the floating population and rental houses in the community, establish the management information files of rental houses and temporary population, grasp the dynamics in real time, and report the information files to the police station.

Twenty-fourth owners should pay the property service fee in accordance with the provisions of the property service contract.

If the owners violate the property service contract and fail to pay the property service fee, the owners' committee shall urge them to pay; After a written reminder, if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable reminder period, the property service enterprise may claim compensation according to law.

The owner and the user of the property agree that the user of the property shall pay the property service fee, and from this agreement, the owner shall bear joint and several liabilities. When the property right is transferred, the owner or property user shall settle the property service fee.

Twenty-fifth property service charges should follow the principles of rationality, fairness, openness and consistency of quality and price, and be determined by both parties to the contract through consultation. The charging standards for pre-realty service and affordable housing realty service shall be formulated by the price department of the county people's government in conjunction with the county real estate administrative department according to the local actual situation, and published regularly. If the property service charge is higher than the government-guided price, it must be approved by the competent price department of the district or county people's government.

In the same property management area, the same property type, the same content and standard of property service, the same price standard should be implemented for property service charges.

The realty service enterprise shall announce the realty service items and their charging standards in a prominent position in the realty management area.

Twenty-sixth property service charges should remain relatively stable. Under any of the following circumstances, the realty service enterprise shall negotiate with the owners' committee and obtain the consent of the owners' congress if it needs to adjust the charging standard of realty service:

(a) the price adjustment of energy consumption of public service products;

(two) the owner requests to change the content and level of property services;

(three) in the property management area, the maintenance cost of facilities and equipment is adjusted;

(4) Other policy adjustments.

The competent price department of the county people's government where the property management area is located shall strengthen the supervision and management of property service charges. When there is a dispute over the adjustment of property service charges, both parties to the property service contract may apply to the price certification institution established by the price department of the people's government at the county level where the property management area is located to review the rationality of the price adjustment range.

Chapter V Use and Maintenance of Property

Twenty-seventh owners and property users shall use the property in accordance with the purposes approved by the competent department of urban and rural planning or specified in the real estate license, and shall not change the nature of the use of the property without authorization.

Twenty-eighth owners, property users of the property decoration, decoration, decoration time, scope, methods and other consultations. Inform the realty service enterprise orally or in writing.

The realty service enterprise shall register the matters mentioned in the preceding paragraph informed by the owners and users of the property, and inform the owners or users and the decoration personnel of the prohibited acts and matters needing attention in the decoration.

Owners and property users should be responsible for cleaning up the construction waste generated in the process of house decoration. Commissioned by the realty service enterprise cleaning, cleaning fees shall be agreed.

Property service enterprises that violate the relevant regulations and management regulations during the use and decoration of property shall be discouraged. If the dissuasion is ineffective, they shall report to the owners' committee and relevant administrative departments in a timely manner and deal with it according to law.

Twenty-ninth tenants, borrowers and other property users shall enjoy corresponding rights and assume corresponding obligations according to laws, regulations, management regulations, decisions made by the owners' meeting according to law and their agreements with the owners.

Thirtieth elevators in the property management area shall be undertaken by the owners' committee or the realty service enterprise selected by the owners' committee in accordance with the contract and the provisions of relevant laws and regulations on special equipment.

The daily maintenance unit of the elevator shall be responsible for its safety performance to ensure the safe operation of the elevator. After receiving the failure notice, you should immediately rush to the scene and take necessary emergency rescue measures.

Thirty-first parking spaces (garages) in the property management area should first meet the needs of owners in this area.

The property that has been completed and delivered for use may be newly designated as the owner's parking space if conditions permit and the owners' meeting agrees within the property management area. But it shall not occupy fire exits and public green spaces, and shall not interfere with the normal passage of pedestrians and other vehicles.

The realty service enterprise shall correct the behavior of occupying fire exits, public green spaces and obstructing the normal passage of pedestrians and other vehicles, and report to the relevant administrative departments for handling according to the seriousness of the case.

Public security, fire fighting, emergency rescue, ambulance, sanitation, municipal administration, postal services and other special vehicles are temporarily parked in the property management area when performing official duties, and no charge is allowed.

Thirty-second city real estate administrative departments are responsible for the collection of residential special maintenance funds within the urban planning area, and allocate them to all districts after collection.

The district real estate administrative departments are responsible for the use and management of special maintenance funds for residential buildings within their respective administrative areas and the collection of special maintenance funds for residential buildings outside urban planning areas.

The county real estate administrative department is responsible for the collection, use and management of residential special maintenance funds within its administrative area.

Article 33 The owners may stipulate in the management statute or in advance that under any of the following circumstances, the realty service enterprise shall cooperate with the owners' committee to organize maintenance, renewal or take emergency preventive measures in advance, and the owners' committee shall report to the real estate administrative department at the same time. After approval, the expenses shall be paid out of the special maintenance funds, and the situation shall be explained in writing to the owners' meeting afterwards:

(a) the roof waterproof damage caused by leakage;

(two) elevators, fire protection, security and other facilities and equipment have serious security risks;

(3) The external wall of the building is in danger of falling off, endangering personal safety;

(four) special drainage facilities due to collapse, blockage, burst and other functional obstacles, endangering personal and property safety;

(five) other emergencies that endanger public safety and property use function.

The district and county real estate administrative departments shall handle relevant formalities within 3 working days after receiving the emergency maintenance application report.

Chapter VI Qualification Management

Thirty-fourth city real estate department is responsible for the guidance and supervision of the qualification management of property service enterprises in the city.

Thirty-fifth district and county real estate departments are responsible for the specific supervision and management of the qualification of property service enterprises within their respective administrative areas.

Thirty-sixth of the city's property service enterprises to declare three (including provisional three) qualification verification, qualification change or replacement, examination and approval by the county real estate department, the city real estate department issued a certificate.

Declaration of secondary qualification examination and approval, qualification change or replacement, the county real estate department put forward preliminary examination opinions, and the municipal real estate department shall report to the provincial people's government construction department for examination and certification.

To apply for the approval of the first-level qualification, the change of qualification or the renewal of replacement certificate shall be implemented in accordance with the relevant provisions of the provincial and the State Council construction authorities.

Thirty-seventh property service enterprises to apply for qualification approval, within one year before the date of application, the Ministry of construction "property service enterprise qualification management measures" provisions of article eleventh, the district real estate department shall not approve.

Chapter VII Legal Liability

Thirty-eighth acts in violation of the provisions of these measures, laws, regulations and rules have been provided, from its provisions.

Article 39 Owners and property users may complain to the district or county real estate authorities where the property is located about the acts of property service enterprises that infringe upon their legitimate rights and interests in property management activities, and the district or county real estate authorities shall promptly accept the complaints and reply the results to the complainant within 30 days from the date of acceptance. If it is the responsibility of other departments, inform the complainant to complain to the relevant departments.

Chapter VIII Supplementary Provisions

Fortieth completed property management area, the owners entrust other managers to provide property services, with reference to the relevant provisions of these measures.

Article 41 These Measures shall come into force on July 4, 2065438, and shall be valid for five years. The original "Luzhou property management measures" (Luzhou Municipal People's Government Decree No.57, 2008) shall be abolished at the same time.

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