Xinjiang Uygur Autonomous Region Property Management Regulations 20 17 Edition (3)

(five) to inform, discourage and report the prohibited acts in the use of the property;

(six) on behalf of the owners * * * housing, facilities, garage (a) and other use fees accounting management;

(seven) to formulate plans for the use of special maintenance funds for property;

(eight) keeping property service files and property files;

(9) Other property management services.

Encourage property management companies to expand the scope of services to meet the diverse life service needs of owners.

Article 55 If the owners' congress decides to entrust a property manager to implement property management, it shall sign a property service contract with the client to clarify the rights and obligations of both parties.

A realty service contract shall stipulate the contents of realty service, service standards, charging methods, property management premises, contract term, contract termination, liability for breach of contract and other matters.

Encourage the use of model texts of property service contracts.

Article 56 With the consent of the owners' congress or the executive body of the owners' congress, the property manager may entrust a professional unit to undertake the maintenance, greening, cleaning, ice and snow removal, order maintenance, safety precautions, revenue accounting management and other work of the owners, and clarify the management responsibilities and service standards. If the entrusted professional unit causes damage to the owner's rights and interests, the property manager shall bear joint and several liability.

Article 57 If the owner has service requirements for matters other than the property management service contract, such as buying and selling, acceptance of renovated houses, parking custody, personal and property safety prevention, intermediary service of houses and parking spaces, cleaning, cleaning, maintenance, logistics distribution and pension, he can negotiate with the property manager and make an agreement on service matters, service standards, fee collection and liability for breach of contract.

Fifty-eighth to dissolve or terminate the realty service contract, it shall perform the necessary notification obligations in accordance with the contract; If the notice period is not stipulated in the contract, the notice shall be given 90 days in advance.

Fifty-ninth after the dissolution or termination of the property service contract, the property manager and the executive body of the owners' congress shall go through the exit formalities in accordance with the contract and perform the following handover obligations:

(a) the transfer of custody of the property files, property services files;

(two) to provide relevant information on the decoration, repair, operation and maintenance of the property and facilities formed in the process of property services;

(three) the transfer of property services;

(4) Liquidating the related expenses received in advance and collected;

(5) Other matters stipulated by laws and regulations.

If the property manager fails to fulfill the obligation to inform or handle the property handover procedures, he shall not leave the property management area or stop the property service without authorization.

Sixtieth owners think that the quality of property services does not meet the standards agreed in the contract, or have objections to property management services, they can complain to the executive body of the owners' congress or the county (city) real estate administrative department.

The executive body of the owners' congress or the county (city) real estate administrative department shall timely verify the facts of the complaint; For the partial use of houses and facilities, the opinions of other owners involved in the area shall be sought. After verification, the executive body of the owners' congress or the county (city) real estate administrative department shall issue a rectification notice to the property manager to urge him to rectify within a time limit; If the owner's complaint is unfounded, reply and explain.

Article 61 The real estate administrative department of the people's government at or above the county level shall strengthen the supervision and management of property service activities, establish and improve the credit system of property service enterprises and the credit information disclosure system of enterprises, incorporate the quality of property service into the credit evaluation index, and improve the weight coefficient of the evaluation opinions of the owners, the executive organs of the owners' congress and the residents' committees.

Article 62 No unit or individual may force property managers to collect relevant fees and provide free services.

The relevant administrative departments shall not make a decision to diminish the rights and interests of property managers or increase their obligations.

Sixty-third property managers enjoy the relevant preferential tax policies of the state and the autonomous region according to law.

Water for facilities maintenance, cleaning and greening in the property management area * * * shall be charged according to the green water price; If electricity or gas is used, electricity and gas charges shall be implemented according to the price of electricity and gas used by residents.

Section 2 Property Service Charges

Sixty-fourth property service charges are subject to government guidance and market adjustment. Ordinary residential property service charges and affordable housing property service charges are subject to government guidance prices, and other property service charges are subject to market adjustment prices.

Where the government-guided price is implemented, the competent price department shall, jointly with the competent real estate department, formulate the corresponding benchmark price and floating range according to the property type, service content and service level, comprehensively adjust the price index in a timely manner and announce it to the public in a timely manner.

If the market-adjusted price is implemented, the property manager shall calculate the cost of completing the service project, and stipulate the service standard, service quality and charging method in the property service contract.

If the government builds affordable housing in commercial residential areas, and the guarantor cannot choose the standard of property service level, the people's government of the city or county shall subsidize the guarantor to pay the property service fee according to the economic affordability of the guarantor.

Sixty-fifth properties that have not been sold or delivered, the property service fee shall be borne by the construction unit. For the delivered property, the property service fee shall be borne by the owner, unless otherwise agreed between the construction unit and the owner.

Article 66 If the property manager, in violation of the provisions on price management and the stipulations in the property service contract, arbitrarily expands the charging scope, raises the charging standard, charges repeatedly, or compels services in disguised form and charges, or fails to clearly mark the price according to the provisions, the executing agency of the owners' meeting has the right to stop or correct the overcharged part, and the owners have the right to refuse to pay.

If the property manager performs the contractual obligations, the owner shall pay the property service fee in accordance with the contract, and shall not refuse to pay or maliciously default.

Article 67 If the owner entrusts the use of the property to others and agrees that the user of the property shall pay the property fee, he shall urge the user of the property to fulfill the agreement; If the property user defaults on the property service fee, the owner shall be jointly and severally liable.

When the owner transfers the property right, he shall settle the property service fee.

Sixty-eighth water, electricity, gas and heat supply units shall directly charge the end users, and shall not force the property manager to collect and pay on their behalf. If the property manager collects water, electricity, gas, heat and other fees, he shall not charge additional fees to the owner.

The property manager shall not limit the recharge of the owner's water, electricity, gas and heat cards because the owner fails to pay the property service fee, which will affect the normal life of the owner.

Chapter VI Property Warranty and Maintenance

Section 1 Property Warranty and Maintenance Responsibility

Article 69 The construction unit shall undertake the property warranty responsibility according to the warranty scope and warranty period stipulated by the state and the autonomous region. If the construction unit entrusts the property manager to undertake the warranty responsibility, it shall publicize it in the property management area, and if losses are caused to the owners, it shall bear joint liability according to law.

The construction unit shall establish a property complaint handling system. Property defects that fall within the scope and duration of warranty shall be registered and inspected immediately by the construction unit, and the maintenance method and duration shall be agreed with the owners and property managers. If the use of the property is affected by quality defects or potential safety hazards, the construction unit or the property manager entrusted by it shall take remedial measures and be liable for the losses caused according to law.

Article 70 After the warranty period of a property expires, the owner shall be responsible for the maintenance and repair of the exclusive part of the house.

If the exclusive part of the house endangers safety, public interests and the legitimate rights and interests of others, the owner shall promptly deal with it, and the neighboring owners shall provide convenience.

Seventy-first property warranty expires, the property manager shall be responsible for the maintenance of some buildings and facilities. Special equipment such as elevators and boilers shall be maintained by special equipment manufacturing enterprises or professional maintenance units with corresponding qualifications.

Seventy-second professional business units such as water supply, power supply, gas supply, heating, communication, cable TV, etc. in the property management area shall bear the responsibility for the maintenance, maintenance and renewal of household metering devices or facilities outside the home port and related expenses.

When professional business units carry out maintenance, conservation and renewal of professional business facilities and equipment, the owners shall cooperate.

The second quarter residential special maintenance funds

Seventy-third special maintenance funds are used for the maintenance, repair, renewal and transformation of some facilities after the expiration of the warranty period. The deposit, renewal, use and management of special maintenance funds shall be implemented in accordance with the relevant provisions of the state and the autonomous region.

Seventy-fourth need to use special maintenance funds, should be approved by the owners who need to repair, update or transform some facilities, the use of units is not less than two thirds, and the exclusive part accounts for more than two thirds of the total construction area. In the event of the following emergencies that endanger the safety of housing use, with the consent of the executive body of the owners' congress, the property manager may entrust the maintenance, renewal and transformation units to formulate emergency treatment plans and immediately organize emergency repairs. Disposal plan, repair results, costs, etc. Should be published in the property management area, accept the supervision of the owners:

(a) the roof waterproof damage caused by leakage;

(two) the elevator failure to stop using;

(three) the dangerous houses identified by the real estate administrative department as needing reinforcement and maintenance;

(four) the house is in danger of collapse and falling off;

(five) * * * equipped with fire control facilities, equipment damage has no fire prevention, fire extinguishing function;

(six) other circumstances that endanger the safety of housing use.

If the state has other provisions on the renovation of old residential areas and the renewal and use of maintenance funds for old elevators, those provisions shall prevail.

Chapter VII Property Management of Old Residential Areas

Article 75 The county (city) people's government shall take measures to transform the old residential areas with incomplete supporting facilities and poor environmental quality, and the transformation plan and annual plan shall be announced to the public.

Seventy-sixth old residential areas with a small number of owners, the city, county (city) real estate administrative departments should rationally integrate the property management areas, or organize and coordinate a number of old residential areas to be managed by a property service enterprise or other managers.

Seventy-seventh old residential roads, lighting, green space, fire protection, cultural and sports facilities, property services housing construction, renovation funds, borne by the government; Belong to the legacy of facilities, borne by the original property unit or the construction unit; The funds for the construction and renovation of municipal public facilities and equipment such as water, electricity, gas, heat, communication and cable TV in old residential areas shall be borne by professional business units.

Seventy-eighth to encourage qualified old residential areas combined with the transformation, the construction of business premises, garages, parking spaces, planning administrative departments for planning permission, you can moderately increase the floor area ratio and building density. Newly-built operating houses, garages and parking spaces are owned by all owners, and the operating income can make up for the lack of decoration funds, or be included in the management of residential special maintenance funds.

Seventy-ninth county (city) real estate administrative departments and sub-district offices or township people's governments shall supervise and guide the establishment of owners' meetings in old residential areas to implement owner autonomy management.

Chapter VIII Legal Liability

Article 80 If the construction unit violates the provisions of the third paragraph of Article 10 and the first paragraph of Article 20 of these regulations and fails to express the property management area, the preliminary property service contract and the temporary management agreement to the buyer, the real estate administrative department of the people's government at or above the county level shall order it to make corrections; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed.

Article 81 If a construction unit, in violation of Article 15 of these regulations, disposes of the owner-owned garage and parking space without authorization, the real estate administrative department of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. If losses are caused to the owners, they shall be liable for compensation according to law.

Eighty-second construction units in violation of the provisions of Article 21 and Article 22 of these regulations, the early delivery of property does not meet the requirements, and shall not charge property service fees, and shall be ordered by the real estate administrative department of the people's government at or above the county level to make corrections within a time limit; If no correction is made within the time limit, the construction unit shall be fined 2% to 4% of the contract price of the construction project;

If the property manager violates the provisions of the preceding paragraph and fails to meet the requirements of the previous property, he shall not charge the property service fee, and the real estate administrative department of the people's government at or above the county level shall impose a fine of more than 50,000 yuan100,000 yuan.

Eighty-third construction units, property management units, professional maintenance units, professional business units in violation of the provisions of this Ordinance, do not perform or delay the performance of warranty, repair, maintenance responsibilities, by the real estate administrative departments of the people's governments at or above the county level shall be ordered to make corrections within a time limit; If it fails to do so within the time limit, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed. If losses are caused to the owners, they shall be liable for compensation according to law.

Eighty-fourth members of the owners' committee who violate the provisions of Article 40 of these regulations shall return the * * * property misappropriated or occupied by the owners, as well as their remuneration and improper benefits; If losses are caused, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Eighty-fifth owners, property managers and property users who violate the provisions of the first paragraph of Article 45 of these regulations and cause damage to others shall bear civil liability according to law; In violation of administrative regulations, the relevant administrative departments of planning, construction, real estate, urban management, public security and environmental protection of the people's governments at or above the county level shall investigate and deal with them according to their respective duties.

Article 86 If, in violation of the provisions of Article 59 of these regulations, the property manager refuses to go through the exit formalities after the dissolution or termination of the property service contract, the real estate administrative department of the people's government at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused, it shall be liable for compensation according to law.

Article 87 If a property manager, in violation of the provisions of Article 66 of these regulations, arbitrarily expands the charging scope, raises the charging standard, charges repeatedly, provides compulsory services or disguised services and charges, or fails to clearly mark the price according to the provisions, the competent price department of the people's government at or above the county level shall order it to make corrections and refund the illegally charged fees within a time limit; If the circumstances are serious, it shall be punished in accordance with the provisions of relevant laws and regulations.

Article 88 If a property manager, in violation of the provisions of Article 68 of these regulations, charges the owners for water, electricity, gas and heat, or restricts the recharge of the owners' water, electricity, gas and heat cards, which affects the owners' lives, the real estate administrative department of the people's government at or above the county level shall order it to make corrections and refund the overcharged fees within a time limit.

Article 89 If the real estate administrative department, sub-district office or township people's government of the people's government at or above the county level and other relevant administrative departments and their staff are under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(a) failing to divide the property management area according to the prescribed time limit and conditions;

(two) did not organize and guide the establishment of the preparatory group for the owners' meeting, the owners' meeting or interfere with or obstruct the election of the executive body of the owners' meeting;

(three) after receiving the complaint, it is not handled in time;

(four) other acts that do not perform their statutory duties.

Ninetieth other acts that should be punished in violation of the provisions of these regulations shall be implemented in accordance with the provisions of relevant laws and regulations.

Chapter IX Supplementary Provisions

Article 91 The meanings of the following terms in these Regulations:

(a) the floor area ratio refers to the planning control index of rational utilization of construction land, which is expressed by the ratio of the total construction area to the land area within the planning permission of construction land.

(II) Other managers refer to community (neighborhood) convenience service organizations established according to law, or units that provide professional services such as cleaning, snow removal, security inspection, greening management and protection, house repair and facility maintenance, emergency repair and rescue, and pipeline dredging.

(3) * * * Some parts refer to foundations, load-bearing walls, columns, beams, floors, roofs, outdoor walls, halls, stairs, corridors, aisles, handrails, guardrails, elevator shafts, refuge floors, equipment rooms, etc. Undertake the main load-bearing structure of the building.

(4)* * * facilities refer to the ancillary facilities and equipment of the building owned by the owner * * *, mainly including elevators, pumps, water tanks, antennas, corridor lights, lightning protection devices, fire-fighting facilities, water supply and drainage pipelines, * * * heating and air conditioning pipelines, roads, green spaces, artificial landscapes, street lamps, ditches, pools, wells, videos, etc. within the property management area.

Article 92 The people's government of the autonomous region may, in accordance with these regulations, formulate specific provisions and measures for property management.

Article 93 These Regulations shall come into force on July 0, 2065438.