Full text of Qinghai property management regulations

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, create a good living and working environment, and promote social harmony, these Regulations are formulated in accordance with the Property Law of People's Republic of China (PRC), the Regulations on Property Management and other laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to property management and its supervision and management activities within the administrative area of this province.

The term "property management" as mentioned in these Regulations refers to the activities of the owners to maintain, conserve and manage the houses, supporting facilities, equipment and related sites within the property management area by hiring property service enterprises, and the owners and property service enterprises maintain environmental sanitation and related order in accordance with the property service contract or through other forms.

Third provincial people's government housing and urban and rural construction administrative departments responsible for the supervision and management of property management activities in the province.

City (state), county (city, district) people's government real estate administrative departments responsible for the supervision and management of property management activities within their respective administrative areas, perform the following duties:

(a) to guide and supervise the business of the owners' congress and the owners' committee;

(two) to supervise and manage the qualification, service quality, bidding and the signing of property service contracts of property service enterprises;

(3) Credit evaluation of the realty service enterprise;

(four) to supervise and manage the deposit and use of special maintenance funds and property warranty funds;

(five) the supervision and management of property use and maintenance;

(six) to guide and supervise the property inspection and exit handover activities;

(seven) handling complaints in property management activities;

(8) Other supervisory and administrative duties.

The development and reform, urban and rural planning, land and resources, finance, public security, civil affairs, health and family planning, environmental protection, industry and commerce, quality supervision and other relevant departments of the people's governments at or above the county level shall be responsible for the supervision, management and service of property management activities according to their respective functions and duties.

Article 4 Sub-district offices and township (town) people's governments shall organize and guide owners within their respective jurisdictions to set up owners' congresses and elect owners' committees, urge owners' congresses and owners' committees to perform their duties, mediate property management disputes, and coordinate the relationship between property management and community construction.

Community residents' (village) committees are responsible for guiding and supervising the owners' congress and the owners' committee to carry out owners' self-management according to law, and assisting neighborhood offices and township (town) people's governments to carry out property management-related work.

Fifth street offices and township (town) people's governments shall establish a joint meeting system for property management. The joint meeting of property management is composed of representatives of real estate administrative departments, public security police stations, community residents' (village) committees, owners' committees, property service enterprises, professional business units and other parties, and is convened by sub-district offices and township (town) people's governments.

The joint meeting of property management mainly coordinates and solves the following main problems:

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

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

(three) the problems in the performance of the property service contract;

(four) the problems in the process of change and handover of the property service enterprise;

(five) other property management issues that need to be coordinated.

Article 6 The people's governments at or above the county level shall incorporate property services into the service industry development planning, community construction and community management system, formulate supporting policies, strengthen industry management, improve the level of specialization, and promote the development of the property services industry.

Article 7 The realty service industry association shall strengthen the self-discipline management of the industry, standardize the behavior of the industry, improve the level of realty service, promote the honest operation of realty service enterprises according to law, and safeguard the legitimate rights and interests of realty service enterprises.

Chapter II Property Management Areas and Related Configurations

Article 8 The division of property management areas shall be based on the land use scope determined by the land use right certificate, and shall be determined by comprehensively considering the planning conditions, building scale, facilities and equipment, the number of owners, natural boundaries, community layout, community construction and other factors. Property facilities and equipment used for * * * shall be divided into a property management area; If the supporting facilities and equipment can be used independently, they can be divided into different property management areas.

Article 9 The construction unit shall apply to the real estate administrative department of the people's government at the county level where the project is located before obtaining the pre-sale permit of commercial housing or the sale of existing houses. The real estate administrative department shall, within 20 days from the date of accepting the application, divide the property management areas after soliciting the opinions of the subdistrict offices, township (town) people's governments, urban and rural planning administrative departments and other units, and inform the subdistrict offices and township (town) people's governments where the project is located in writing.

The construction unit shall publicize the approved contents of the property management area at the commercial housing sales site.

Article 10 If the property management area has not been divided or needs to be adjusted, the real estate administrative department of the people's government at the county level shall, jointly with the subdistrict office and the township (town) people's government, solicit the opinions of the owners and community neighborhood committees, and divide the property management area according to the layout of the community neighborhood committees. To adjust the property management area, it should also obtain the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people.

Eleventh real estate administrative departments of the people's governments at the county level shall establish regional archives of property management.

The regional archives of property management shall specify the geographical location, boundary, total construction area, the number of exclusive parts, the situation of * * parts, the construction unit and other matters that need to be specified.

Twelfth construction units in the new residential property, should be based on the property management area as a unit, in accordance with the following requirements for free allocation of property services:

(a) the property service room is equipped according to the proportion of 3/1000 of the building area, and shall not be less than 70 square meters; If the total construction area exceeds 30,000 square meters, the distribution shall be increased according to the proportion exceeding one thousandth of the construction area. Property service rooms do not include duty rooms.

(two) the property service room should have the basic functions and conditions of water, electricity, heating, sanitation and lighting, and be equipped with independent water, electricity and heating metering devices.

The office space of the owners' committee is transferred from the property service space, with an area of not less than 20 square meters; If the total construction area exceeds 30,000 square meters, the area shall not be less than 40 square meters.

Property service rooms belong to all owners, and no unit or individual may change their use without authorization, nor may they be divided, transferred or mortgaged.

Thirteenth urban and rural planning administrative departments in the process of planning permission, acceptance, should be the construction area and location of property services as planning and design indicators for review.

The real estate administrative department or the real estate registration agency shall examine the realty service room when issuing the pre-sale permit of commercial housing and handling the initial registration of house ownership, and indicate the area and location of the realty service room in the house register.

The construction unit shall publicize relevant information at the commercial housing sales site or the property management area.

Fourteenth new residential property management area of water supply, power supply, gas supply, heating and other metering devices should be in accordance with the proprietary part of a meter, * * * part of the independent meter configuration. The configuration of ancillary facilities and equipment such as information and communication, fire fighting, elevators, safety precautions, sanitation and postal services shall conform to national technical standards and professional technical specifications.

In the old residential areas with imperfect supporting facilities, professional business units shall cooperate with the people's governments at or above the county level to take measures to gradually transform and realize household metering and household control of professional business facilities and equipment such as water supply, power supply, gas supply and heating. Owners and property service enterprises shall provide convenience for the transformation work.

Article 15 The end-user household meters for water supply, power supply, gas supply and heating in the newly-built residential property management area and the professional operation facilities and equipment in front of the household meters shall be designed according to the national technical standards and professional technical specifications, and the relevant professional business units shall organize qualified units to carry out installation and construction according to law, and design, construct and deliver them synchronously with the construction projects. The required expenses shall be determined in accordance with the relevant project valuation provisions formulated by the national and provincial housing and urban and rural construction administrative departments and shall be borne by the construction unit. The construction unit shall cooperate with the construction of professional operation facilities and equipment.

After the completion and acceptance, the construction unit shall transfer the ownership of the professional operation facilities and equipment to the professional operation unit that organizes the installation and construction. Professional business units shall receive and be responsible for the management, maintenance, conservation and updating of professional business facilities and equipment.

Professional facilities and equipment include power transformation and distribution, secondary water supply, heat exchange, gas pressure regulation and other facilities and related pipelines.

Article 16 The ownership of end-user household meters for water supply, power supply, gas supply, heating and other professional operating facilities and equipment in the residential property management area built before the implementation of these Regulations shall be decided by the owners' congress whether to transfer them to professional operating units. If the transfer is decided, the real estate administrative department of the people's government at the county level shall organize relevant professional business units to conduct acceptance in accordance with national technical standards and professional technical specifications. Conditional professional business units shall receive and be responsible for the management, maintenance, maintenance and update of professional business facilities and equipment.

If the acceptance is unqualified, the professional business unit shall put forward a rectification plan in accordance with the national technical standards and professional technical specifications, and hand it over after rectification. During the warranty period of project quality, the rectification cost of residential property shall be borne by the construction unit, and the expenses outside the warranty period shall be borne by all owners.

Chapter III Owners, Owners' Congress and Owners' Committee

Article 17 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of certain parts of the property and its ancillary facilities and equipment;

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

(ten) other rights stipulated by laws and regulations.

Eighteenth owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the property management area, such as the use of some parts of the property and its ancillary facilities and equipment, the maintenance of public order and environmental sanitation;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) to pay special maintenance funds in accordance with the relevant provisions;

(five) comply with the provisions of the housing decoration;

(six) support and cooperate with the legitimate business and management activities of property service enterprises;

(seven) to pay the property service fee on time;

(eight) other obligations stipulated by laws and regulations.

Article 19 Tenants, borrowers and other property users shall enjoy corresponding rights and perform corresponding obligations according to laws, regulations, management regulations, decisions made by the owners' meeting according to law and agreements with the owners.

Twentieth a property management area to set up an owners' meeting. The owners' congress is composed of all owners in the property management area, representing and safeguarding the legitimate rights and interests of all owners in property management activities.

The neighborhood offices and township (town) people's governments where the property is located shall, jointly with the real estate administrative departments of the people's governments at the county level, guide the establishment of the owners' assembly and elect the owners' committee in the property management areas under their jurisdiction.

If the number of owners is small and it is decided not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee.

Twenty-first property management area, in line with one of the following conditions, the first owners' meeting shall be held:

(a) the area of the exclusive part of the delivered house exceeds 50% of the total area of the building;

(two) the number of houses delivered has reached more than 50% of the total;

(3) The first house has been delivered for two years and the delivered quantity has reached more than 30% of the total quantity.

Article 22 If the conditions for the establishment of the owners' meeting are met, the subdistrict office and township (town) people's government shall, within 30 days from the date of receiving the application for the establishment of the owners' meeting jointly submitted by the construction unit or 10% or more owners, set up a preparatory group for the first owners' meeting in conjunction with the real estate administrative department of the people's government at the county level.

The preparatory expenses for the first owners' meeting of newly-built residential quarters shall be borne by the construction unit.

Article 23 The construction unit shall submit to the subdistrict office and township (town) people's government where the property is located the documents and materials needed for preparing for the first meeting of the owners' congress, such as the property management area certificate, the list of housing construction area, the list of owners, the general plan of building planning, the delivery certificate of facilities and equipment, and the configuration certificate of the property service room.

Twenty-fourth preparatory group consists of representatives of the owners, construction units, street offices, township (town) people's governments and community neighborhood (village) committees. The number of the preparatory group is odd, of which the owner's representative shall not be less than half of the number of the preparatory group, and the leader of the preparatory group shall be the representative of the sub-district office and the township (town) people's government.

The representatives of the owners in the preparatory group are recommended by the sub-district offices, township (town) people's governments or community neighborhood (village) committees.

The preparatory group shall, within seven days from the date of its establishment, announce the list of members in the property management area. Owners have objections to the members of the preparatory group, which shall be solved by the sub-district offices and township (town) people's governments.

Article 25 The preparatory group shall make the following preparations:

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

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

(three) to confirm and publicize the identity of the owners, the number of owners and the area of the exclusive part owned by them;

(four) to formulate the methods for the selection of candidates for members of the owners' committee, determine the list of candidates, and formulate the methods for the election of the owners' committee;

(five) to determine the voting rules for the first meeting of the owners' congress according to law;

(six) other preparations for the first meeting of the owners' congress.

The contents specified in the preceding paragraph shall be published in the property management area fifteen days before the first owners' meeting. If the owner disagrees with the contents of the announcement, the preparatory group shall give a reply; If the objection is established, the preparatory group shall revise the contents of the announcement and make a new announcement.

Twenty-sixth the preparatory group shall organize the first meeting of the owners' congress within 60 days from the date of its establishment.

The first meeting of the owners' congress voted to adopt the management statute and the rules of procedure of the owners' congress, and elected the owners' committee.

Twenty-seventh owners' meeting to discuss and decide the following matters:

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

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

(three) the content and standard of the selected property services and the charging scheme of the property services;

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

(five) to raise and use special maintenance funds;

(six) new construction, renovation and renovation of buildings and their ancillary facilities;

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

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

(nine) other matters determined by laws, regulations or management regulations that should be decided by the owners. 1 2 3