Interpretation of Hubei Property Management Regulations (Draft) 20 19

Special funds for residential maintenance are difficult to use, parking spaces are only rented but not sold, and it is difficult for industry committees to change properties ... There are more or less similar phenomena in more than 6,000 residential quarters in Hubei Province that implement property management, and legal norms are urgently needed. On the 20th, the Legislative Affairs Office of the Hubei Provincial Government held a legislative hearing on the Regulations of Hubei Province on Property Management (Draft) (hereinafter referred to as the Regulations (Draft)) to listen to opinions and suggestions from all walks of life. 15 hearing presenters were invited to attend the meeting, and more than 40 hearing observers attended the meeting. Among them are owners, property service enterprises, developers, affiliated service units, lawyers and professors, representing the voices of all walks of life. During the two-and-a-half-hour speech and debate, key issues such as the establishment of owners' congress and owners' committee, the collection of property fees, the use and management of special maintenance funds, and the use of parking spaces were fully expounded in the fierce confrontation.

The establishment of property withdrawal mechanism has become the focus of attention.

According to the property management regulations promulgated by the state, residential properties should be selected and signed by the owners' committee. But in reality, it is almost impossible for the industry Committee to change the property. How can we establish a perfect property withdrawal mechanism? Become the focus of attention at the hearing.

The "Regulations (Draft)" clearly stipulates that the owner shall pay the property fee from the date of delivery of the house. For completed houses that have not been sold or delivered, the property fee shall be borne by the construction unit. After the establishment of the owners' congress, the owners' committee and the realty service enterprises hired and renewed by the owners' congress need to sign service contracts.

Xu Changhong, the representative of the hearing, said that the pre-construction properties of new residential areas are the property services of the construction unit itself, and once they enter, they will not be allowed to come out. After the establishment of the owners' committee, if you want to change the property company, you often need to take drastic measures such as blocking the door and pulling banners.

"The community where I live now often has this problem." Xu Changhong suggested that it should be made clear that the property in the early stage of the new residential area should be the responsibility of the development and construction unit and included in the cost. Before it is delivered for use and the owners' committee is not formed, the prophase property service shall be regarded as the cost of the construction unit. Property services during this period were undertaken by developers.

The maximum fine for illegally renting and selling the garage is 654.38 million.

The use and management of parking spaces and garages in residential quarters is the difficulty and focus of property management, and property disputes and contradictions are relatively concentrated. In some residential areas, developers change civil air defense projects or public land into parking spaces without authorization, which leads to contradictions among owners, developers and property management companies.

In view of the management of parking spaces and garages where disputes and contradictions are concentrated, Article 55 of the "Regulations (Draft)" stipulates that parking spaces and garages within the property management area should be given priority planning to meet the needs of owners. Satisfied, can temporarily rent to others, shall not exceed six months. Parking spaces, garages and vehicles occupying roads or other venues owned by the owners, fees and management shall be decided by the owners' meeting.

In order to balance the relationship between the interests of individual owners and those of all owners, Article 57 of the Draft Regulations stipulates that the operating income obtained by using the parts shared by the owners and their ancillary facilities belongs to all owners and is mainly used to supplement special maintenance funds. The owners' congress may entrust the realty service enterprise to operate the * * * part and its ancillary facilities on its behalf, and pay remuneration to it. Property enterprises shall classify their operating income, announce their operating income and expenditure every six months, and accept the supervision of the owners.

Illegal sale or lease of parking spaces, causing losses to the owners, can be fined 50 thousand to 65438+ 10 thousand.

Water supply and power supply facilities need meter reading to households.

For a long time, the management, maintenance, metering and charging of water supply, power supply and other ancillary facilities of the property are important factors that cause disputes in the community and affect stability. The main reason is that the water supply and power supply and other ancillary facilities of the property have not been read by meter, and the responsibility for management and maintenance is unknown.

In order to prevent future development and construction units from being arbitrary in the configuration and construction of ancillary facilities of property such as water supply and power supply, and professional business units from evading the maintenance responsibility of ancillary facilities and equipment, Article 14 of the "Regulations (Draft)" makes it clear that newly-built professional business facilities and equipment such as water, electricity and gas metering devices should be designed, constructed and delivered at the same time as the construction project. After the completion and acceptance of the construction project, the construction unit shall transfer the ownership of the professional operation facilities and equipment, which shall be received by the professional operation unit to ensure the safe use of facilities and equipment such as water, electricity and gas, and effectively give play to the professional technical advantages of the professional operation unit in maintenance and management.

It is suggested to cancel the property charging standard that has no basis when selling a house.

At the hearing, many participants described the current situation of property management in the market.

"The property management market is mixed. Most residential property companies are not selected by the residential owners' Committee, but are privately awarded by the developers in the early stage and set for life. " Jiang Zongquan, a representative of the hearing, said that developers now have a serious interest chain in residential properties. Such property companies do not serve the owners, and most of them pursue the maximization of interests. The employees they employ are older, have no professional training, no qualification certificate, no management ability and professional ability, and the community is chaotic.

The charging standard for property management fees shall be determined after public examination and publicity according to the management level, operating costs, income and expenditure, taxes and reasonable profits of the property company. But now it is the developer who uses his own advantages to determine the late charging standard of property management fees in the process of selling houses. This charging standard has no legal basis and no factual support. The management of the property company established by the developer is not in place and the accounts are not open.

Jiang Zongquan suggested that the property company should be defined as a low-profit public welfare service enterprise, and the developer should not award the property company to any property company privately, especially the affiliated company, so as to abolish the unreasonable interest chain from the source. Abolish the unfounded property management fee charging standard formulated by developers when selling houses, and the property management fee charging standard for selling houses can only be used as a tentative property in the early stage. After the establishment of the owners' committee, the accounts should be fully disclosed, and the charging standard of property management fees should be determined in detail and adjusted year by year according to the situation. No unit or individual may determine the property management fee standard without accounting.

After the hearing, the Legislative Affairs Office of the Hubei Provincial Government will carefully study the opinions and suggestions of the participants in the hearing, absorb reasonable opinions and suggestions, and further revise and improve the "Regulations (Draft)" in combination with the actual property management in Hubei. After being submitted to the executive meeting of the provincial government for deliberation and approval, it will be submitted to the Standing Committee of the Provincial People's Congress for deliberation during the year.