Decision of the Standing Committee of Jiangsu Provincial People's Congress on Amending the Regulations of Jiangsu Province on Property Management and Other Six Local Regulations

I. Amend the Regulations of Jiangsu Province on Property Management.

(1) Amend the Property Law in Article 1 of the Civil Code.

(two) by deleting the third paragraph of article thirty-sixth.

(3) Item 1 of Paragraph 2 of Article 39 is amended as: "The construction project has passed the completion acceptance and obtained the approval or permission documents from the administrative departments of natural resources, public security, ecological environment, civil air defense and fire control institutions, and has been filed by the construction administrative department".

Item 3 of Paragraph 2 is amended as: "Public service facilities such as education, postal services, medical and health care, culture, sports, environmental sanitation, aged care services, community services and civil air defense have been built in accordance with the planning and design requirements".

One paragraph is added as the third paragraph of Article 47: "The realty service enterprise shall implement the emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work. For the property service enterprises to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate according to law. "

One article is added as Article 55: "If the owner decides to dismiss the realty service enterprise according to legal procedures, the realty service contract may be terminated. If it decides to dismiss, it shall notify the realty service enterprise in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the realty service enterprise, the owner shall compensate for the losses, except for the reasons not attributable to the owner.

(VI) Article 55 is renumbered as Article 56 and amended as: "90 days before the expiration of the term of the realty service contract, the owners' committee shall organize a meeting of the owners' assembly to decide whether to renew or select the realty service enterprise, and notify the original realty service enterprise of the decision in writing, unless the notice period is otherwise stipulated in the contract; At the same time, inform the county (city, district) property management administrative department and sub-district office (township people's government) where the property is located in writing, and make an announcement in a prominent position in the property management area.

"If a realty service enterprise decides not to renew the realty service contract, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the realty service contract, unless otherwise agreed in the contract; At the same time, inform the county (city, district) property management administrative department and sub-district office (township people's government) where the property is located in writing, and make an announcement in a prominent position in the property management area.

"If the owners decide to renew their employment according to law, the owners' committee shall renew the realty service contract with the original realty service enterprise before the expiration of the realty service contract.

"When the term of the realty service contract expires, the owner fails to make a decision on renewing or renewing the contract according to law, and the realty service enterprise continues to provide realty service, the original realty service contract remains valid, but the service term is uncertain. Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance; At the same time, inform the county (city, district) property management administrative department and sub-district office (township people's government) where the property is located in writing, and make an announcement in a prominent position in the property management area. "

(VII) Article 56 is renumbered as Article 57 and amended as: "Where the realty service contract is terminated, the original realty service enterprise shall, within 15 days from the date of termination of the realty service contract, withdraw from the realty management area within the agreed time limit, and perform the following handover obligations to the owners' committee, the owners who decide to manage themselves or their designated persons:

"(a) the initial property management expenses for the transfer of self-occupied property, property office equipment and other fixed assets;

"(two) the transfer of the relevant information stipulated in the second paragraph of Article fortieth of this Ordinance;

"(three) technical data such as the use, maintenance, regular inspection, operation, maintenance and maintenance records of the property and facilities formed in the process of property service handover;

"(four) the settlement of the related expenses in advance, collection, prepayment and payment;

"(five) other matters stipulated by laws and regulations and the realty service contract.

"After the termination of the realty service contract, the original realty service enterprise shall continue to handle the realty service matters, maintain the normal order of the realty management, and may require the owners to pay the property fees during this period before the new realty service enterprise selected by the owners' assembly or the owners who decide to manage themselves take over. "

(VIII) Article 60 is renumbered as Article 61 and amended as: "Owners and property users shall abide by the provisions of laws, regulations, management regulations and the decisions of the owners' meeting in the use and maintenance of the property, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment, and shall not harm the public interests or the legitimate rights and interests of others. "

(IX) Article 65 is changed to Article 66 and amended as: "Before the establishment of the owners' congress, if it is necessary to occupy the roads or other venues owned by the owners for parking, it shall be stipulated in the preliminary realty service contract. The realty service enterprise shall separately calculate the car parking fee, and 70% of the income shall be included in the special maintenance fund for the house, and the rest can be used to subsidize the property fee.

"After the establishment of the owners' congress, it is necessary to occupy all roads or other venues owned by the owners to park cars and use some owners to engage in advertising and other business activities. The realty service enterprise shall submit the decision of the owners' congress or the owners' committee authorized by the owners' congress, and handle the relevant formalities and publicity according to law. If some owners engage in advertising and other business activities, they should also obtain the consent of interested owners. The income generated by the owner * * *, after deducting reasonable costs, belongs to the owner * * * and should be accounted for separately. The proceeds shall be used in accordance with the decisions of the owners' congress or the owners' committee authorized by the owners' congress and the stipulations of the realty service contract. "

Article 68 is renumbered as Article 69 and amended as: "Administrative departments such as urban management, public security, market supervision and management, ecological environment, sanitation and hygiene, natural resources, fire control institutions, etc. shall strengthen the supervision and management of public order, public security and fire control, environmental sanitation, housing use, etc. within the property management area, establish a complaint registration system for illegal acts, and publish the names and contact information of contact persons in a prominent position in the property management area.

(Xi) Article 69 is renumbered as Article 70, which is amended as: "Where a residential property needs to be redeveloped by adding elevators in part, it shall be approved by the owners of the building or the unit whose exclusive part accounts for more than two-thirds of the area and more than two-thirds of the number of people, and the owners whose exclusive part accounts for more than three-quarters of the total area shall vote and agree, which is in line with the planning, land and construction.

(12) Article 76 is renumbered as Article 77, which is amended as: "In case of any of the following situations that endanger the safety of houses and require immediate emergency maintenance, renewal and renovation of the parts and facilities used in residential properties, the owners' assembly or owners' committee may apply for the use of maintenance funds for buildings and their ancillary facilities, put forward an emergency treatment plan, and conduct emergency treatment after being audited by the escrow department of residential special maintenance funds:

"(a) the roof waterproof damage caused by leakage;

"(two) the elevator failure endangers personal safety;

"(three) the public fence is seriously damaged, endangering personal safety;

"(four) the unilateral facade of the building is in danger of falling off;

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

"(six) other circumstances that endanger the safety of the house.

"Emergency maintenance costs to the owners after publicity, from the relevant owners of residential special maintenance funds ledger in accordance with the exclusive area allocated; If it involves public housing that has been sold, it will be paid from the special maintenance fund for public housing. "

(thirteen) by deleting the second paragraph of article seventy-seventh.

(14) Article 84 is renumbered as Article 85 and amended as: "In violation of the provisions of the first paragraph of Article 48 of these regulations, if the owners or users of the property fail to pay the property fees as agreed in the property service contract, the owners' committee and the property service enterprise may require them to pay them within a reasonable period; Failing to pay within a reasonable period of time, the realty service enterprise may bring a lawsuit or apply for arbitration.

"Property service enterprises shall not demand payment of property fees by stopping power supply, water supply, heat supply and gas supply."

(15) Change Article 87 into Article 88 and modify it as: "In case of any of the following acts, the county (city, district) property management administrative department shall order it to make corrections within a time limit; Overdue correction, a fine of fifty thousand yuan and two hundred thousand yuan:

"(a) in violation of the provisions of the first paragraph of article fifty-seventh, the original property service enterprise fails to perform the handover obligations in accordance with the provisions;

"(II) in violation of the provisions of the second paragraph of Article 57 of this Ordinance, the original realty service enterprise failed to maintain the normal order of realty management before the new realty service enterprise selected by the owners' congress or the owners' congress or the owners who decided to manage it by themselves took over;

"(three) in violation of the provisions of the second paragraph of Article 58 of these regulations, the dismissed property service enterprise refuses to withdraw from the property management area."

(16) Article 90 is renumbered as Article 91 and amended as: "Whoever violates the provisions of the first paragraph of Article 68 of these Regulations and causes damage to others shall bear civil liability according to law; Violation of administrative regulations shall be investigated and dealt with by the relevant administrative departments of urban management, public security, ecological environment, natural resources, construction and housing management of local people's governments at or above the county level according to their respective duties. "

(seventeen) ninety-first to ninety-second, and the "administrative punishment according to law" is amended as "punishment according to law".

18. One article is added as Article 94: "Where other managers are entrusted to provide property services such as maintenance of buildings and ancillary facilities, management and maintenance of environmental sanitation and related order for owners, the provisions of these Regulations on property service enterprises shall apply."

(XIX) The "property service fee" in Articles 34, 48, 51 and 85, the "property service fee" in Paragraph 2 of Article 35 and the "property service fee" in Article 50 are revised as "property fee".

(20) Amend "members of the owners' committee" in the relevant clauses to "members of the owners' committee" and "civil defense administrative departments" to "civil defense administrative departments".

In addition, the order of the articles should be adjusted accordingly.