Measures of Beijing Municipality on Property Management

Article 1 In order to standardize the property management activities in this Municipality, safeguard the legitimate rights and interests of all parties involved in property management, and promote the building of a harmonious community, these Measures are formulated in accordance with the Property Law of People's Republic of China (PRC) and the Regulations on Property Management, combined with the actual situation of this Municipality.

Article 2 The term "property management" as mentioned in these Measures refers to the maintenance, conservation and management of buildings, structures, supporting facilities and related sites within the property management area by the owners themselves or through others, and the activities of maintaining environmental sanitation and related order.

Third city housing administrative departments responsible for the supervision and management of the city's property management activities. District and county housing administrative departments are responsible for the supervision and management of property management activities within their respective administrative areas.

Departments in charge of industry and professional supervision departments that provide special services such as water supply, drainage, power supply, gas supply, heating, environmental sanitation, landscaping, parking management, order maintenance and facilities and equipment maintenance shall be responsible for relevant supervision and management according to law.

Fourth district and county people's governments should do a good job in property management and harmonious community construction within their respective jurisdictions.

Sub-district offices and Township People's governments are responsible for assisting, guiding and supervising the establishment and activities of owners' congresses and owners' committees within their respective jurisdictions, and coordinating and handling disputes. Article 5 The construction unit shall, before selling the house, divide the property management area according to the facilities and equipment of the property, building scale, community construction and other factors, and make it clear in the house sales contract.

The main supporting facilities, equipment and related sites of the property shall be divided into a property management area; Residential areas and non-residential areas should be divided into different property management areas in principle.

Article 6 Where an owner decides to split or merge the property management area, he shall apply to the subdistrict office and the township people's government where the property is located, and the subdistrict office and the township people's government shall review it jointly with the district and county housing administrative departments and other relevant departments. If adjustment is really necessary, it shall be confirmed and announced.

Article 7 For newly-built residential properties, the construction unit shall allocate buildings for building property services, including customer service reception, project file storage, tools and materials storage, attendance of personnel on duty, office buildings for owners' meetings and owners' committees, etc. , and specify the location of the property service room (specific to the building and room number) in the house sales contract. The building area of the property service building is not less than 150 square meters, of which the above-ground building is not less than 100 square meters, and the building area of the office building of the owners' assembly and owners' committee is 30 to 60 square meters.

The planning administrative department shall, when handling the planning permission and acceptance, review whether the construction area, location and configuration of the property service house meet the planning and design indicators. The administrative department of real estate shall, when filing the results of real estate surveying and mapping, check the configuration of the real estate service rooms.

Eighth prophase property services by the construction unit is responsible for. When selling a house, the prophase realty service contract shall be an annex to the house sales contract.

The agreement on whether the realty service is charged, the charging standard and the service standard in the prophase realty service contract shall comply with the relevant provisions of this Municipality.

The construction unit may entrust all the special services to the property service enterprise, or entrust the special services to the professional service enterprise.

Article 9 Before the property is sold, the construction unit shall formulate a temporary management statute and publicize it in the sales place, 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 the owners should bear if they violate the temporary management statute. Temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers.

The municipal housing administrative department shall formulate and publish the model text of the temporary management statute.

Tenth owners * * * decided to terminate the prophase realty service contract, the construction unit shall check with all owners and hand over part of the property, quit the property management area, and hand over the following information:

(a) the division of property management areas;

(two) the annexes and drawings of the construction land planning permit and the construction project planning permit;

(three) the completion acceptance report and completion site plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings, fire acceptance and other completion acceptance materials;

(four) facilities and equipment factory random data, installation, acceptance, use, maintenance and regular inspection and other technical data, operation and maintenance records;

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

(6) A list of owners;

(seven) other information required for property management.

All owners shall inspect the property before undertaking, or entrust the property service enterprise to inspect it. All owners and construction units can also * * * entrust property service evaluation and supervision institutions for inspection. Eleventh owners of the property management area * * * combined part of the implementation of * * * combined management. The following matters shall be decided by the Owner * * *:

(a) to formulate or modify the management statute and the rules of procedure of the owners' congress;

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

(three) to decide or change the property management mode, service content, service standard and charging scheme;

(four) hiring, dismissing the realty service enterprise or no longer accepting the factual services of the realty service enterprise;

(five) to raise, manage and use special maintenance funds;

(six) to apply for the renovation of buildings and their ancillary facilities;

(seven) to apply for the division or merger of the property management area;

(eight) to decide on other major property management matters within the property management area.

Decisions on items (5) and (6) shall be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people; The decision in Item (7) shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area of the original property management area and more than two-thirds of the total number, and the owners of the property management area to be divided or merged; Decisions on other matters shall be approved by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Twelfth owners can take a building, a unit, a floor as a unit, and decide the property management matters within the unit. The scope and decision procedure of matters shall be stipulated by the rules of procedure of the owners' congress or decided jointly by all owners in the property management area.

Thirteenth owners can set up an owners' meeting, which is composed of all owners in the property management area to jointly manage the * * * part of the property management area and carry out activities related to property management in accordance with relevant regulations. A property management area establishes an owners' meeting.

If the owners' meeting is not established, the realty service enterprise stops service or other major and urgent property management events occur, and the owners need to decide to dismiss or hire the realty service enterprise or other matters, the neighborhood offices and Township People's governments where the property is located shall guide and assist the owners in deciding relevant matters.

Article 14 If the proprietary part delivered to the owners in the property management area reaches more than 50% of the total construction area, the construction unit shall submit the materials needed for the preparation of the first owners' meeting to the neighborhood offices and township people's governments where the property is located, and recommend the owners' representatives as temporary conveners to convene the owners who account for more than 5% of the total number or the proprietary part accounts for more than 5% of the total construction area to submit a written application for the establishment of the owners' meeting to the neighborhood offices and township people's governments where the property is located; Owners who account for more than 5% of the total number or whose exclusive parts account for more than 5% of the total construction area may also submit a written application to the neighborhood offices and township people's governments where the property is located.

Fifteenth street offices and Township People's governments shall, within 60 days from the date of receiving the application, designate a representative as the head of the preparatory group to organize the establishment of the preparatory group for the first owners' meeting, and the preparatory group shall be responsible for convening the first owners' meeting. The number of owners' representatives of non-construction units in the preparatory group shall not be less than two-thirds of the voting members in the preparatory group.

After the list of members of the preparatory group is determined, it shall be publicized in a prominent position in the property management area.

Article 16 The construction unit shall, within 7 days from the establishment of the preparatory group for the first owners' meeting, provide the preparatory group with information such as the owners' roster, the area of the owners' exclusive part, the total area of the building, and bear the expenses required for the preparation and convening of the first owners' meeting.

Seventeenth owners of the general assembly elected owners committee. The owners' committee shall, within 30 days from the date of election, submit the following materials to the neighborhood offices and township people's governments where the property is located for the record:

(a) the report issued by the preparatory group and signed by the group leader on the establishment of the owners' meeting and the election of the owners' committee;

(2) resolutions of the owners' congress;

(three) management regulations, rules of procedure of the owners' congress;

(4) List of members of the owners' committee.

If the materials are complete, the subdistrict office and the Township People's Government shall put on record on the spot, and send a copy of the filing materials to the district and county housing administrative departments within 7 days after filing, and inform the local police station and community residents' committee in writing of the relevant information. When the contents of items (2), (3) and (4) are changed, the change filing procedures shall be handled in time.

Eighteenth members of the owners' committee shall implement the tenure system, and matters related to the term, alternate, vacancy and termination of qualification shall be stipulated by the rules of procedure of the owners' congress. Membership will automatically terminate in the following cases:

(1) The term of office expires;

(two) no longer has the identity of the owner;

(3) having limited or no capacity for civil conduct;

(4) Being investigated for criminal responsibility according to law and unable to perform the duties of a member;

(five) to resign in writing to the owners' congress or the owners' committee;

(six) other circumstances stipulated in the rules of procedure of the owners' congress.

If the membership of the owners' committee is terminated, the archives, seals and other property that should be handed over shall be handed over to the owners' committee within 3 days from the date of termination; Refuse to hand over seals, related property and files, neighborhood offices and township people's governments shall order the transfer, and the public security organ where the property is located shall provide assistance. Article 19 The realty service enterprise selected by the owners shall have the legal person qualification and obtain the realty service enterprise qualification in accordance with the provisions of the state.

The municipal housing administrative department shall establish a credit information system for property service enterprises and implement dynamic supervision and management of property service enterprises.

Article 20 A realty service contract shall stipulate the rights and obligations of both parties, realty service matters, service standards, service fees, project leaders, management and use of realty service places, contract term, service handover, liability for breach of contract, etc.

The realty service enterprise shall, within 05 days from the date of signing the realty service contract, report the realty service contract to the district and county housing administrative departments where the realty service project is located for the record, and the district and county housing administrative departments shall send a copy of the filing materials to the neighborhood offices and Township People's governments where the realty service project is located.

Twenty-first property services are comprehensive services including various special services. Property service enterprises may entrust special services to professional service enterprises, but may not entrust all property services to other units or individuals.

If the realty service enterprise is not selected, the owner may agree to entrust all special services to professional service enterprises or individuals.

Twenty-second realty service enterprises shall provide high-quality and high-priced services in accordance with the realty service contract and the service standards and technical specifications stipulated by this Municipality.

Property service enterprises and related personnel shall have corresponding qualifications or entrust units and individuals with corresponding qualifications to carry out operations involving personal safety such as boilers, elevators, electricity, refrigeration, limited space and high altitude; Commissioned by the implementation, it should be clear about their respective safety management responsibilities.

Twenty-third property service enterprises shall, in accordance with the provisions of the competent price department, publicize the relevant information such as service items, service standards, charging items and charging standards in a prominent position in the property management area.

The realty service enterprise shall announce the performance of the realty service contract of the previous year, the revenue and expenditure of the realty service project and the revenue and expenditure budget of the realty service project of this year in the first quarter of each year. When the owners ask questions, the realty service enterprise shall give a timely reply. If the owners * * * cooperate with the decision or the owners' committee requests to audit the revenue and expenditure of the realty service project, the realty service enterprise shall cooperate.

Twenty-fourth before the expiration of the realty service contract, all owners shall jointly decide the realty management mode, service content, whether to replace the realty service enterprise and other matters.

Decided to renew the original realty service enterprise, it shall negotiate with the original realty service enterprise to sign a realty service contract; If it is decided to dismiss, it shall fulfill the necessary notification obligation. If the notice period is not stipulated in the contract, it shall inform the original property service enterprise three months before the expiration of the contract period and make an announcement in the property management area.

Twenty-fifth before the termination of the realty service contract, the realty service enterprise shall not stop the service.

If the realty service contract expires and the realty service enterprise decides not to renew the realty service contract, it shall fulfill the necessary obligation of informing before the contract expires; If the notice period is not specified in the contract, the owner shall be notified three months before the expiration of the contract.

Twenty-sixth property services companies did not sign a written property services contract with the owners, but in fact provided property services and fulfilled the obligation to inform, the property services companies have the right to require the owners to fulfill the relevant obligations.

If the owner * * * agrees not to accept the property service, the property service enterprise shall not forcibly provide the property service, and shall not charge the owner the property service fee on the grounds of factual service. If a realty service enterprise decides not to provide realty service, it shall inform the owner three months in advance.

Twenty-seventh realty service contract is terminated or the owners decide not to accept the factual service, the realty service enterprise shall complete the handover with all the owners within 60 days. The realty service enterprise shall perform the following handover obligations and withdraw from the realty management area:

(a) the part of property transfer;

(2) Transfer of relevant information as stipulated in Article 10 of these Measures;

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

(4) Settlement of related expenses of advance receipt and collection;

(five) other matters stipulated by laws, regulations and rules and agreed in the realty service contract.

The original realty service enterprise shall not refuse to handle the handover on the grounds that the owner fails to pay the realty service fee or disagrees with the owner's decision. The original property service enterprise shall maintain the normal order of property management during the period of handover to exit the property management area, and shall not charge property service fees from the owners.

If the original realty service enterprise refuses to withdraw from the realty management area, the new realty service enterprise and the owner shall negotiate with the original realty service enterprise to solve it; If negotiation fails, it shall bring a lawsuit or apply for arbitration according to law, and shall not take over by force. Street offices, Township People's governments and housing administrative departments shall strengthen supervision over the handover of property service enterprises.

Article 28 A realty service enterprise shall appoint a project leader in accordance with the realty service contract. Unless otherwise agreed in the realty service contract, the project leader can only serve in one realty service project in principle.

Property services companies to replace the project leader, it should promptly inform the owners and publicity. If the owner * * * decides to require the realty service enterprise to replace the project leader, the realty service enterprise shall replace it in time.

Twenty-ninth owners, property service enterprises, construction units and relevant departments may entrust property service evaluation and supervision institutions to evaluate and supervise the quality of property services, service charges and the management status of some properties.

Property service evaluation and supervision institutions shall provide professional services in accordance with the relevant provisions of this Municipality, and shall not issue evaluation and supervision reports with false, misleading statements and major omissions.

Thirtieth housing administrative departments should strengthen the supervision and management of property service activities, and timely handle property service complaints.

This Municipality supports the property service industry associations to give full play to the role of service, communication and supervision, improve the self-discipline system of the property service industry, and promote the development of the property service industry. Property service industry associations can regularly publish property service cost information according to the nature of property service projects, property service content, service standards and other factors. Thirty-first residential property decoration, the owner or property user shall apply for registration in accordance with the provisions, and sign a residential decoration service agreement with the property service enterprise. The realty service enterprise shall publicize the decoration time and place in the building where the owner is located.

Property service enterprises should strengthen the inspection and supervision of decoration activities. If the owner or property user refuses to register or violates the relevant provisions and the decoration service agreement, the property service enterprise shall promptly inform and discourage it; Refuses to correct, the realty service enterprise shall promptly report to the relevant competent departments, and publicity in the property management area.

Thirty-second construction units to sell garages and parking spaces within the property management area, should be in accordance with the law before the sale of garages and parking spaces pre-sale permit or property registration. Garages and parking spaces planned for parking vehicles in the property management area shall not be sold to anyone other than the owners of the property management area.

If the construction unit rents the garage and parking space planned for parking vehicles in the property management area, it shall first rent it to the owners of the property management area. After meeting the needs of the owners in this area, the construction unit may lease the garage and parking space to others outside the owners in this area for a period of no more than six months. The construction unit should negotiate with all the owners when adjusting the rent.

Users of garages and parking spaces other than the owners shall abide by the provisions of the management statute on parking management.

Thirty-third property management area, water supply, power supply, gas supply, heating, communications, cable television and other professional business units shall charge the relevant fees to the end users, and bear the responsibility for the maintenance and conservation of related pipelines and facilities.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall issue an invoice to the owner of a professional business unit, and shall not collect additional fees such as handling fees from the owner, and shall not restrict or restrict professional services in disguise on the grounds that the owner is in arrears with the realty service fee.

Thirty-fourth the following emergency situations that endanger the safety of housing use need immediate maintenance, renewal and transformation, and special maintenance funds shall be used in accordance with relevant regulations:

(a) the roof waterproof damage caused by leakage;

(two) elevator failure endangers personal safety;

(three) high-rise residential water pump damage caused by the interruption of water supply;

(four) more than one-fifth of 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) there is a functional obstacle in the fire control system, and the fire control management department requires the maintenance, renewal and transformation of fire control facilities and equipment.

The specific measures for the use of special maintenance funds shall be formulated by the municipal housing administrative department jointly with relevant departments.

Thirty-fifth when the property is transferred, the owner shall explain to the transferee the deposit and balance of special maintenance funds, and the balance of special maintenance funds in the property ledger shall be transferred with the property at the same time.

Article 36 The construction unit shall undertake the warranty responsibility of the house and ancillary facilities and equipment according to the warranty period and scope stipulated by the state and the house sales contract. During the warranty period, the owners, property users and property service enterprises shall provide assistance and cooperation.

Thirty-seventh part of the property maintenance, conservation, renewal or transformation, the owners and users of the property shall cooperate. If the exclusive part is lost, the responsible person shall bear legal responsibilities such as restitution and compensation for losses according to law.

Article 38 When transferring or leasing the property, the owner shall inform the transferee or lessee of the management agreement, the property service contract, the payment of relevant fees and other matters, and inform the property service enterprise within 05 days from the date of signing the sales contract or lease contract.

If the owner transfers the property, it shall settle the relevant expenses with the property service enterprise and professional service enterprise. Thirty-ninth in violation of the provisions of article tenth of these measures, the construction unit fails to perform the handover obligations, and the district and county housing administrative departments shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.

Fortieth in violation of the provisions of article sixteenth of these measures, if the construction unit fails to provide relevant information to the preparatory group for the first meeting of the owners' congress, the neighborhood offices and township people's governments where the property is located shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 30 thousand yuan may be imposed.

Forty-first in violation of the provisions of article twentieth of these measures, the realty service enterprise fails to submit the contract for the record, the district and county housing administrative departments shall order it to make corrections within a time limit, and may impose a fine of 1000 yuan.

Forty-second in violation of the provisions of Article 25 and Article 26 of these measures, the realty service enterprise stops the realty service without authorization, and the district/county housing administrative department shall order it to make corrections, and may impose a fine of 1 more than 10,000 yuan 1 less than 10,000 yuan; If losses are caused, it shall be liable for compensation according to law.

Forty-third in violation of the provisions of article twenty-seventh, the original property service enterprises failed to transfer, the district and county housing administrative departments shall order the transfer within a time limit; If it is not handed over within the time limit, it may be fined up to 30,000 yuan.

In violation of the provisions of the provisions of article twenty-seventh, the original property service enterprises refused to withdraw from the property management area, the district and county housing administrative departments shall be ordered to withdraw within a time limit; Those who fail to quit within the time limit may be fined 654.38+10,000 yuan; Unable to maintain the normal order of property management, the district and county people's governments shall instruct the district and county housing administrative departments, neighborhood offices where the property is located, township people's governments and public security organs to take over.

In violation of the provisions of Article 27 of these measures, if a new realty service enterprise forcibly takes over, the district or county housing administrative department shall order it to make corrections, and may impose a fine of 1 10,000 yuan or more 1 10,000 yuan or less; If losses are caused, it shall be liable for compensation according to law.

Forty-fourth owners' committee fails to perform or fails to perform its duties, the neighborhood offices and Township People's governments where the property is located shall order it to perform its duties within a time limit; If it fails to perform within the time limit, the sub-district office and the Township People's Government shall guide and assist the owners to convene a meeting of the owners' general assembly and decide on related matters.

If the decision made by the owners' congress or the owners' committee violates laws, regulations and rules, the sub-district office and the Township 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. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it. Forty-fifth the term "property use part" as mentioned in these Measures refers to the buildings, structures, supporting facilities, equipment and related sites managed by the owners in accordance with the regulations except the proprietary part of the owners in the property management area.

The term "all owners" as mentioned in these Measures refers to the owners' meeting after the establishment of the owners' meeting according to law.

The unanimous decision of the owners as mentioned in these Measures refers to the decision of the owners' congress; If the owners' meeting is not established according to law, it refers to the decision made by the owners according to law.

The term "exclusive area" as mentioned in these Measures refers to the construction area recorded in the house ownership certificate; Not yet registered, temporarily calculated according to the measured area of surveying and mapping institutions; Not measured, temporarily calculated according to the area recorded in the housing sales contract. The total building area refers to the total area of exclusive parts.

The term "realty service enterprise" as mentioned in these Measures includes the construction unit that provides realty service in the prophase realty service.

Article 46 These Measures shall be implemented as of 20 10 10 1. 1On July 7, 1995, the Municipal People's Government issued Order No.21,and on February 7,1997,65438+31,the Municipal People's Government issued Order No.2 12, and the Measures for the Property Management of Residential Areas in Beijing were abolished at the same time.