Are there any relevant legal documents regulating property management?

The State Council DecreeNo. 10. The 379th time

Date of promulgation: June 8, 2003, date of implementation: 2003090 1 Promulgated by the State Council.

Chapter I General Provisions

Chapter II Owners and Owners' Congress

Chapter III Early Property Management

Chapter IV Property Management Services

Chapter V Use and Maintenance of Property

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Adopted at the 9th executive meeting of the State Council on May 28th, 2003, it is hereby promulgated and shall come into force as of September 1 2003.

June 8(th), 2003

Chapter I General Provisions

Article 1 These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people.

Article 2 The term "property management" as mentioned in these Regulations refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas.

Article 3 The State encourages owners to choose property management enterprises through an open, fair and just market competition mechanism.

Article 4 The State encourages the adoption of new technologies and methods in property management, and relies on scientific and technological progress to improve the management and service level.

Fifth the State Council construction administrative departments responsible for the supervision and management of the national property management activities.

The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Chapter II Owners and Owners' Congress

Article 6 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 property service contract, accept the services provided by the property management enterprise;

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

(three) to make suggestions on the formulation and revision of the owners' convention 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 property management enterprises to perform the property service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

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

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

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

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

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

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

(six) other obligations stipulated by laws and regulations.

Eighth property management area of all owners of the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 Owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

The voting right of the owners at the first meeting of the owners' congress is determined according to the building area of the property owned by the owners, the number of residential units and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Eleventh owners' congress shall perform the following duties:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area;

(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Twelfth owners' meeting can be in the form of collective discussion, but also in the form of written comments; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

The owner may entrust an agent to attend the meeting of the owners' congress.

The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.

The decision of the owners' meeting is binding on all owners in the property management area.

Thirteenth owners' meeting is divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14 A meeting of the owners' congress shall be held, and all owners shall be notified before the meeting 15.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Fifteenth owners' committee is the executive body of the owners' congress, and performs the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress.

Sixteenth owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located.

Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Seventeenth owners' convention should stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention.

The owners' convention is binding on all owners.

Article 18 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the voting rights of owners, the composition of the owners' committee and the term of office of members.

Nineteenth owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners.

Twentieth owners' congress and owners' committee shall cooperate with public security organs and residents' committees to do a good job in maintaining social order in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees.

Chapter III Early Property Management

Twenty-first in the owners' meeting, the owners' meeting hiring property management companies, the construction unit hiring property management companies, should sign a written preliminary property service contract.

Article 22 The construction unit shall formulate a temporary owners' convention before the sale of the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the convention.

The temporary owners' convention formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-third construction units should express the temporary owners' convention to the property buyers before the sale of the property, and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

Article 24 The State encourages construction units to select qualified property management enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select a property management enterprise with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property management enterprise with corresponding qualifications may be selected by agreement.

Article 25 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-sixth prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise comes into effect before the expiration of the term, the prophase realty service contract shall be terminated.

Twenty-seventh owners shall not dispose of the ownership or use right of the * * * parts and * * * facilities and equipment of the property according to law.

Twenty-eighth property management companies to undertake the property, the property should be * * * parts, * * facilities and equipment for inspection.

Twenty-ninth in the property acceptance procedures, the construction unit shall hand over the following information to the property management enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty management enterprise shall hand over the above information to the owners' committee.

Thirtieth the construction unit shall, in accordance with the provisions, configure the necessary property management space in the property management area.

Article 31 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state.

Chapter IV Property Management Services

Thirty-second enterprises engaged in property management activities should have independent legal personality.

The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council.

Thirty-third personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

Thirty-fourth a property management area by a property management enterprise to implement property management.

Article 35 The owners' committee shall sign a written property service contract with the property management enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Thirty-sixth property management companies should provide corresponding services in accordance with the provisions of the property service contract.

If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

Thirty-seventh property management companies to undertake the property, it shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the property management enterprise.

Article 38 The ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house.

Article 39 When the realty service contract is terminated, the realty management enterprise shall return the realty management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty management enterprise, the realty management enterprise shall do a good job of handover.

Fortieth property management companies may entrust the special service business within the property management area to professional service companies, but may not entrust all property management within the area to others.

Forty-first property service charges should follow the principles of rationality, openness, and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property management companies shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-second owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Forty-third price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Forty-fourth property management companies can provide services other than those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties.

Forty-fifth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users.

If a property management enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Forty-sixth of the property management area in violation of public security, environmental protection, property decoration and use of relevant laws and regulations, property management enterprises should be stopped, and timely report to the relevant administrative departments.

After receiving the report from the property management enterprise, the relevant administrative departments shall stop the illegal acts or deal with them according to law.

Forty-seventh property management companies should assist in the safety work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner.

Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

Forty-eighth property users in the property management activities of the rights and obligations agreed by the owners and property users, but shall not violate the laws, regulations and the relevant provisions of the owners' convention.

Property users who violate these regulations and the provisions of the owners' convention shall be jointly and severally liable.

Forty-ninth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property management enterprises in property management activities.

Chapter V Use and Maintenance of Property

Fiftieth public buildings and facilities built according to the plan in the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Fifty-first owners and property management companies shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property management companies shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Fifty-second water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities in the property management area according to law.

If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state.

Fifty-third owners need to decorate the house, it should inform the property management enterprise in advance.

The property management enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

Article 54 The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with the single structure of residential buildings shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.

Fifty-fifth the use of property * * * with parts, * * with facilities and equipment for business, should obtain the consent of the relevant owners, owners' congress, property management companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Fifty-sixth property security risks, endangering public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintenance, the relevant owners should cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property management enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.

Chapter VI Legal Liability

Article 57 If, in violation of the provisions of this Ordinance, a residential property construction unit hires a property management enterprise without bidding or approval, and employs a property management enterprise by agreement, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and may concurrently impose a fine of more than 6,543,800 yuan.

Article 58 Where a construction unit, in violation of the provisions of these Regulations, arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, the real estate administrative department of the local 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 to the owners, they shall be liable for compensation according to law.

Fifty-ninth in violation of the provisions of this Ordinance, the relevant information is not handed over, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property management enterprise shall be notified, and a fine of 65,438 yuan or more and 65,438+10,000 yuan or less shall be imposed.

Article 60 Anyone who violates the provisions of these regulations and engages in property management without obtaining a qualification certificate shall be confiscated by the real estate administrative department of the local people's government at or above the county level and fined between 50,000 yuan and 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and the qualification certificate shall be revoked by the department that issued the qualification certificate.

Article 61 If a property management enterprise, in violation of the provisions of these Regulations, hires personnel who have not obtained the professional qualification certificate of property management to engage in property management activities, the real estate administrative department of the local people's government at or above the county level shall order it to stop the illegal act 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.

Article 62 If a property management enterprise entrusts all property management in a property management area to others in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

Article 63 If anyone misappropriates special maintenance funds in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; Property management companies misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.

Article 64 If a construction unit violates the provisions of these Regulations and fails to allocate necessary property management premises in the property management area, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.

Article 65 If a property management enterprise, in violation of the provisions of these Regulations, changes the use of its property management premises without the consent of the owners' meeting, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

Article 66 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:

(a) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.

Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.

Sixty-seventh in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Sixty-eighth owners in the name of the owners' congress or owners' committee, engaged in activities that violate laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.

Article 69 If, in violation of the provisions of these Regulations, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VII Supplementary Provisions

Article 70 These Regulations shall come into force as of September 6, 2003.