What is the basis of property management for property enterprises, and what are the obligations of the owners' committee?

I'll give you a copy of the property management regulations, which are all in it.

Regulations on Property Management in Jiangsu Province (adopted at the 20th meeting of the Standing Committee of the Ninth People's Congress of Jiangsu Province on February 24th, 2000 and amended according to the decision of the 6th meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on October 25th, 2000, and the decision of amending the Regulations on Property Management in Jiangsu Province in 2003) Chapter I General Provisions Article 1 In order to standardize property management behavior and safeguard the legitimate rights and interests of the parties, in accordance with relevant laws and regulations, Article 2 These Regulations shall apply to property management activities within the administrative area of this province. Property management should be implemented in newly built residential areas and existing residential areas with relatively complete supporting facilities. The original residential areas with incomplete supporting facilities shall be rectified by the local people's government and gradually create conditions for the implementation of property management. Property management should be implemented in buildings, industrial areas and other properties with relatively complete supporting facilities. Article 3 The construction administrative department of the provincial people's government is the property management administrative department of this province. City, county (city, district) construction (real estate) administrative departments are property management administrative departments within their respective administrative areas, and their specific responsibilities are determined by the people's government at the same level. Other relevant departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in relevant management. Fourth local people's governments at or above the county level shall support the property management industry, and gradually establish a professional, socialized and market-oriented property management mechanism to improve the level of property management. Property management enterprises enjoy preferential policies for the tertiary industry in accordance with relevant national and provincial regulations. Chapter II Self-management of Owners Article 5 The owners shall conduct self-management of the property through the owners' congress or the owners' congress or the owners' committee. If the number of owners in the property management area is small, the owners can decide the organizational form of property management by themselves. The owners' meeting is composed of all owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress. Owners can also entrust other owners in the property management area to attend the owners' meeting. An agent who participates on behalf of the principal must express the true meaning of the principal on his own behalf; If you have written comments, you should forward them on your behalf. The owners' congress may decide to set up the owners' congress and perform relevant duties according to the authorization of the owners' congress. Article 6 Owners shall enjoy the following functions and powers: (1) Attend the owners' meeting and vote on major issues involving the interests of owners; (two) have the right to vote and be elected by the owners' committee; (three) to supervise the work of the owners' committee; (four) the choice of property management companies; (five) services consistent with property management fees; (six) to supervise the management service activities of property management enterprises; (seven) other functions and powers as prescribed by laws and regulations. The owner undertakes the following obligations: (1) Abide by the laws, regulations and rules of property management; (2) Abide by the owners' convention; (three) abide by the relevant decisions of the owners' congress and the owners' committee; (four) to pay the property management service fee in accordance with the contract; (five) to pay the maintenance fund in accordance with the relevant provisions of the state and the province; (six) other obligations stipulated by laws and regulations. Article 7 The owners' congress shall exercise the following functions and powers: (1) To consider, amend and adopt the owners' convention and the articles of association of the owners' committee; (two) election and replacement of members of the owners' committee; (three) to consider the work report of the owners' committee; (four) to supervise the work of the owners' committee and change or cancel the inappropriate decisions of the owners' committee; (five) to examine and approve the report of the owners' committee on the selection or dismissal of property management enterprises; (six) to decide on major issues involving the interests of the owners. (seven) other functions and powers as prescribed by laws and regulations. Article 8 The meetings of the owners' congress are 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. The owners' committee shall notify all owners fifteen days before the meeting of the owners' congress. Upon the proposal of more than 20% of the owners or more than 30% of the owners with voting rights in the property management area, an interim meeting of the owners' meeting shall be held, and the owners' committee shall convene the owners' meeting on the proposed topic within 15 days after receiving the proposal. The number of owners with voting rights, one person, one vote for ordinary houses; Other properties are calculated according to the construction area of the property they own, and the specific calculation rules are formulated by the administrative department of property management of the Municipal People's Government with districts. The owners' meeting shall be attended by owners representing more than half of the voting rights. Matters decided by the owners' meeting shall be passed by more than half of the voting rights held by the owners attending the owners' 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. Article 9 In the property management area, if the construction area of the property that has been delivered for use reaches 50%, or the construction area of the property that has been delivered for use reaches 30% but less than 50%, but it has been used for more than one year, the first owners' meeting shall be held in accordance with the provisions of these Regulations, and the owners' committee shall be elected. The administrative department of property management where the property is located shall guide the owners to hold the first owners' meeting. Article 10 The owners' committee is the executive body of the owners' congress, which safeguards the legitimate rights and interests of all owners in property management activities and is responsible to the owners' congress. The owners' committee shall perform the following duties: Convene and preside over the owners' meeting; ? Two? To draw up the draft owners' convention, the draft articles of association of the owners' committee and their amendments, and report them to the owners' congress for adoption; ? Three? With the approval of the owners' meeting, hire or dismiss the property management enterprise, and obtain the consent of the owners' meeting on the terms of the contract, and be responsible for signing, modifying or terminating the property management contract with the property management enterprise; ? Four? With the approval of the owners' meeting, be responsible for the management and use of the maintenance fund, and continue to raise the maintenance fund when it is insufficient; ? Five? Examining and approving the annual property management work plan and major measures proposed by the property management enterprise; ? Six? Listen to the opinions and suggestions of owners and users, and supervise the management service activities of property management enterprises; ? Seven? To implement the relevant decisions of the owners' congress; ? Eight? Accept the supervision of the owners, the owners' congress and the administrative department of property management; ? Nine? Urge owners and users to abide by the owners' convention and relevant regulations; ? Ten? Other duties entrusted by laws and regulations and the owners' meeting. Article 11 The owners' committee shall be elected by the owners' congress. The number of members of the owners' committee shall be an odd number of five to fifteen, and its members shall not hold part-time jobs in property management enterprises. Members of the owners' committee are elected for a term of three years and may be re-elected. The owners' committee may elect a director and several deputy directors. The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director. The meeting must be attended by more than half of the members, and the decision must be agreed by more than half of all members of the owners' Committee. The owners' committee shall not engage in business activities. Article 12 The owners' committee shall be elected by the owners' congress, and shall be filed with the local property management administrative department within 30 days from the date of election. For the owners' committee established according to law, the property management administrative department shall issue relevant supporting documents after filing and publish them. The owners' committee established according to law shall be established as of the date of election. Thirteenth owners' convention is a code of conduct on the use, maintenance and management of property, which is binding on all owners and users. The owners' convention and the articles of association of the owners' committee shall take effect from the date of consideration and adoption by the owners' congress, and shall be reported to the property management administrative department for the record within fifteen days from the date of entry into force. Fourteenth decisions made by the owners' congress and the owners' committee shall be published in the property management area and shall be binding on all owners and users. Decisions made by the owners' congress and the owners' committee shall not conflict with laws, regulations and rules. The construction administrative department of the provincial people's government may formulate a model text of the owners' convention and the articles of association of the owners' committee.

Chapter III Property Management Enterprises Article 15 A property management enterprise shall, within 30 days from the date of receiving the Business License for Enterprise as a Legal Person, hold relevant certificates.

File direction

The administrative department of property management where the organ is located shall put it on record.

Property management enterprises shall implement qualification management in accordance with state regulations.

Article 16 A property management enterprise shall enjoy the following rights: (1) To formulate a property management system in accordance with laws, regulations, rules and contracts; (2) Collecting property management service fees; (three) to stop illegal construction or other violations of the rights and interests of owners, and can bring a civil lawsuit to the people's court; (four) to hire a professional company to undertake special business; (five) to refuse any form of apportionment; (six) other rights stipulated by laws and regulations. Property management enterprises undertake the following obligations: (1) to implement the industry norms and service standards of property management; (two) to perform the property management contract, provide property management services, and safeguard the interests of the owners; (three) accept the supervision of the owners and the owners' committee; (four) regularly publish the accounts of property management services and the use of maintenance funds, and accept questions and audits; (five) accept the supervision and management of the relevant administrative departments of the government; (six) other obligations stipulated by laws and regulations.

Chapter IV Property Management Services and Charges

Seventeenth new residential property sales, the construction unit 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 property management 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. Property management companies undertake the prophase property management services from the property sale to the formal signing of the property management contract by the owners' committee. When the new property is sold, the property management enterprise selected by the construction unit shall sign the preliminary property management agreement with the property purchaser. After the property is delivered for use, the owner or the owners' committee shall promptly renew or re-employ the property management enterprise and sign a property management contract. Article 18 The main contents of the preliminary property management agreement and property management contract include: (1) Basic information of the parties and the property; (2) Rights and obligations of both parties; (three) property management services and service quality requirements; (four) the standard and collection method of property management service fees; (5) Measures for the use, management and income distribution of property management service houses; (six) the management and use of maintenance funds; (seven) the term of validity, termination and dissolution of the contract; (eight) the liability for breach of contract and the way to resolve disputes; (9) Other matters agreed by both parties. Article 19 The property management services specified in the preceding article mainly include the following contents: (1) Daily maintenance and management of the parts and facilities used by the property; (two) the daily environmental sanitation and greening management in the property management area; (three) to assist in the management of public security, safety, fire control, transportation and other matters within the property management area; (four) the safety performance of property decoration, garbage removal and other management services; (5) Indoor special maintenance services required by the owner; (6) Property file management. If there is no special agreement on property management services in the preliminary property management consultation and property management contract, the parties shall not be liable. Twentieth in a property management area, only one property management enterprise can be hired to provide property management services. A property management enterprise may entrust a professional company to implement special services within the property management area, but it shall not entrust the whole or main management service responsibility of the property to others. Twenty-first property management industry should establish and improve the market competition mechanism. Encourage the construction unit or the owners' committee to select and employ property management enterprises through bidding. Twenty-second property management services refers to the cost of property management enterprises to provide public services and provide agency services and special services. The collection of property management service fees shall follow the principles of reasonableness, openness and adaptability to service quality. Encourage property management companies to carry out price competition. Prohibit unfair competition such as price monopoly. The public service fee for property management of ordinary houses is subject to government guidance, and the public service fee for other properties is determined by the parties through consultation in the preliminary property management agreement or property management contract. The property management enterprise shall provide agency services and special services according to the requirements of the owners, which shall be determined through consultation between the property management enterprise and the owners. To determine the government-guided price, a price hearing shall be held in accordance with the law, based on the reasonable cost of property management services and taking into account the economic affordability of the owners. Twenty-third property management area, water supply, power supply, gas supply, heating, sanitation, communications, cable television and other units shall charge the relevant fees to the end users, and take the value displayed by the user's measuring instruments as the basis for charging. End users refer to the end users who receive services such as water supply, power supply, gas supply, heating, sanitation, communication and cable TV. The above-mentioned units may entrust owners or users to implement services such as fees, and both parties shall sign paid service contracts. If a property management enterprise accepts the entrustment to collect the relevant fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. Twenty-fourth property management services by the property management companies in accordance with the previous property management agreement or property management contract to the owners. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit. If the property is leased, lent or used by others, the property management service fee can be paid by the user, and the owner shall bear joint liability. Twenty-fifth property management companies fees, standards and income and expenditure, should be in accordance with the contract, regularly announced to the owners, and accept the supervision and inquiry of the owners' committee. Article 26 The property management enterprise dismissed by the owners' committee with the approval of the owners' meeting shall withdraw from the property management area within seven days after receiving the notice of dismissal, and hand over the relevant facilities and necessary materials of property management to the owners' committee or the newly-selected property management enterprise.

Chapter V Use and Maintenance of Property

Twenty-seventh new property in the planning and construction, should build the necessary property management facilities, formulate the implementation plan of property management. When the development and construction unit hands over the residential area, it shall provide property management service rooms free of charge according to 3/1000 to 4/1000 of the total construction area of the residential area, and its property rights belong to all owners of the residential area. Supporting the use of the basement, the bottom overhead floor and other ancillary facilities, ancillary equipment, * * * part owned by all owners. Twenty-eighth property management companies to receive the property, should be in accordance with the property management administrative departments to develop the property receiving methods, and the client to receive. The entrusting party of property management shall hand over the corresponding property files to the property management enterprise in accordance with the regulations. When the property management contract or preliminary property management agreement is terminated, the property management enterprise shall hand over the property management files to the entrusting party or its designated property management enterprise. Twenty-ninth the following acts are prohibited in the property management area: (1) damaging the load-bearing structure of the house and changing the use of the house without authorization; (two) occupy or damage the * * part of the property, * * facilities and equipment, and move the * * * facilities and equipment without authorization; (three) unauthorized construction; (four) occupation of green space, destruction of greening; (5) Dumping or discarding garbage and sundries at will; (6) stacking flammable, explosive, toxic and radioactive substances, discharging pollutants beyond the standard or emitting excessive noise and vibration; (seven) set up their stalls without approval; (eight) parking vehicles; (9) Hanging, posting, scribbling or depicting on buildings or structures; (ten) the use of property to engage in activities that endanger public interests or infringe upon the legitimate rights and interests of others; (eleven) set up roadblocks on fire exits, damage or misappropriate fire control facilities; (twelve) other acts prohibited by laws, regulations and the owners' convention. Thirtieth owners or users should inform the property management enterprises in advance when decorating houses. The property management enterprise shall inform the owners or users of the prohibited acts and matters needing attention in the house decoration. Property management companies should promptly discourage owners or users from damaging the load-bearing structure and report to the relevant competent departments. Thirty-first property should be used in accordance with the design purpose. If it is necessary to change the nature of property use due to special circumstances, it shall meet the requirements of urban planning and property safety, and report to the relevant competent department for approval. Thirty-second any unit or individual shall not occupy the roads and venues within the property management area without authorization. If it is necessary to temporarily occupy or dig roads or sites due to property maintenance or public interests, it shall inform the property management enterprise in advance and restore the original state within the agreed time limit. If losses are caused, corresponding compensation shall be given. Thirty-third the use of property to set up advertising and other business facilities, should be approved by the relevant owners in writing, the owners' committee, property management companies to the relevant departments for examination and approval procedures. Unless otherwise agreed in the contract, after deducting the agency fee of the property management company from the approved operating facilities, 30% will be used to subsidize the service fee of the property management company, and 70% will be included in the maintenance fund. Thirty-fourth owners, owners' committees and property management companies shall regularly repair and maintain the property. In case of endangering safety, affecting the city appearance, infringing on public interests or affecting the normal use of others, the responsible person shall repair and maintain it in time. When a property management enterprise carries out maintenance on the parts and facilities of the property, the relevant owners and users must cooperate. If property losses are caused by obstructing maintenance, the responsible person shall be responsible for repair or compensation. Thirty-fifth municipal public facilities and related equipment and facilities in the property management area shall be maintained by the municipal, water supply, power supply, gas supply, communication, sanitation, greening and other departments in accordance with the regulations, and the original responsibilities and maintenance channels shall remain unchanged. If the relevant department entrusts the property management enterprise with maintenance, it shall pay the maintenance fee. Article 36 The responsibility for the maintenance of a house after the expiration of the warranty period stipulated by the state shall be borne in accordance with the following provisions: (1) The indoor part of the house shall be maintained by the owner himself; (2) Exterior walls, stairwells, passageways, roofs, water pipes, public water tanks, booster pumps, electromechanical equipment, antennas for * * *, fire-fighting facilities and other facilities and equipment for * * * * shall be regularly maintained by the property management enterprise according to the contract. Article 37 If there are more than two owners in a property management area, a maintenance fund shall be established for the parts and facilities of the property (hereinafter referred to as the maintenance fund). The maintenance fund shall be deposited in a bank designated by the government and a special account shall be set up. The maintenance fund shall be accounted for by building accounts and households. When the owner transfers ownership, the remaining part of the maintenance fund account will not be returned, and it will be settled together with the ownership of the house. The maintenance fund paid by the owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential building structures shall be used exclusively for the maintenance, renewal and transformation of the parts and facilities of the property after the expiration of the property warranty period, and shall not be used for other purposes. Measures for collection, use and management shall be implemented in accordance with relevant state regulations. The specific measures for the collection, use and management of maintenance funds paid by other properties shall be formulated by the provincial people's government with reference to the relevant provisions of the state. Thirty-eighth maintenance funds belong to all owners, and shall be used exclusively for large and medium-sized repair, renewal and transformation of the parts and facilities of the property after the expiration of the warranty period, and shall not be used for other purposes. The owners' committee shall regularly publish the revenue and expenditure of the maintenance fund and accept the supervision of the owners.

Chapter VI Legal Liability

Article 39 If the owner or user fails to pay the property management service fee as stipulated in the property management contract, the property management enterprise may demand payment. If the payment is not made within the time limit, the property management enterprise may charge a late fee of 5/10000 per day. Fortieth the construction unit fails to provide property management services in accordance with the provisions, and the property management administrative department shall order it to make up the construction within a time limit. If the construction is not completed within the time limit, the construction price shall be paid, and a fine of100,000 yuan but not more than 500,000 yuan shall be imposed. Article 41 Property management enterprises that violate these regulations shall be punished in accordance with the following provisions: (1) If they engage in property management activities without obtaining qualification certificates, the property management administrative department shall order them to stop their activities, confiscate their illegal income, and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. (two) in violation of the service quality standards stipulated in the contract, the property management administrative department shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it may impose a fine of not less than ten thousand yuan but not more than thirty thousand yuan; (3) If the property environment deteriorates due to poor management of * * * parts and * * * facilities and equipment, the property management administrative department shall give a warning, lower the qualification level or revoke the qualification certificate, and may also impose a fine of 1 10,000 yuan but not more than 30,000 yuan. (4)? Refusing to withdraw from the property management area within seven days after receiving the notice of dismissal, which hinders the normal property management in the property management area, or failing to hand over the property management-related facilities and necessary materials to the owners' committee or the newly hired property management company, the property management administrative department shall order it to make corrections; Refuses to correct, the administrative department of property management can reduce its qualification level, until the qualification certificate is revoked; If the property management related facilities or necessary materials are damaged or lost, it shall be liable for compensation. Forty-second units and individuals that fail to pay the maintenance fund in accordance with the regulations shall be ordered by the property management administrative department to pay within a time limit; If it is still not paid in full within the time limit, a late fee of 5/10000 may be charged on a daily basis. In violation of the provisions of this Ordinance, misappropriation of maintenance funds, the property management administrative department to recover the misappropriated maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than two times the amount of misappropriation; If the property management enterprise misappropriates the maintenance fund, if the circumstances are serious, the department issuing the qualification certificate may revoke its qualification certificate; If a crime is constituted, criminal responsibility shall be investigated according to law. Forty-third in violation of the provisions of this Ordinance, should be punished by the industry and commerce, price, finance, public security and other departments according to law, in accordance with the provisions of relevant laws, regulations and rules. Article 44 If the staff of the property management administrative department and other departments neglect their duties, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 45 If a party refuses to accept a specific administrative act of an administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. Chapter VII Supplementary Provisions Article 46 The meanings of relevant terms in these Regulations: (1) The term "owner" as mentioned in these Regulations refers to the owner of the property; (two) the term "user" as mentioned in these Regulations refers to the lessee of the property and other people who actually use the property; (three) the term "property" as mentioned in these Regulations refers to houses and their ancillary equipment, facilities and related sites; (four) the term "property management area" as mentioned in these Regulations refers to a relatively independent area where property management is uniformly implemented; (five) the * * * used parts of the property as mentioned in these Regulations refer to the main load-bearing structural parts of the property (including foundations, load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, halls, stairs, corridors, etc. ; (VI) The facilities and equipment used in the property as mentioned in these Regulations refer to sewer pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, fire-fighting facilities, green spaces, roads, ditches, ponds, non-operating parking lots, public cultural and sports facilities and * * etc. owned and used by all owners in the property area. Article 47 A city divided into districts may formulate detailed rules for implementation in accordance with these Regulations. Article 48 These Regulations shall come into force on March 1 2006.