How to collect the property management fee for the unfurnished houses in Sichuan Province?

Decree 1 19 of Sichuan Provincial People's Government, 1999 was promulgated and implemented on February 26th.

Chapter I General Provisions

Article 1 In order to strengthen the management of urban residential property, ensure the rational use of residential property, maintain residential public order and create a good living environment, these Measures are formulated in accordance with the provisions of the state and the actual situation in Sichuan Province.

Article 2 These Measures shall apply to the urban residential property management activities within the administrative area of Sichuan Province. Article 3 The term "residential property" as mentioned in these Measures refers to all kinds of urban houses and their supporting facilities, equipment and public venues. The term "property management" as mentioned in these Measures refers to the activities of property management enterprises and residential owners and users to carry out maintenance, repair and transformation of various houses and their supporting facilities, equipment, greening, sanitation, transportation, public security and environmental appearance according to the contract. The term "owner" as mentioned in these Measures refers to the owner of residential property; The user refers to the lessee or other actual users of the house. The term "property management enterprise" as mentioned in these Measures refers to an enterprise that has obtained the qualification certificate and business license of the property management enterprise, accepted the entrustment of the owners or the owners' management committee, and implemented professional management and paid services in accordance with the property management entrustment contract.

Article 4 The administrative departments of construction of the provincial people's government and the real estate management departments determined by the people's governments of cities, prefectures and counties and the regional administrative offices are the property management departments of the people's governments at the same level and the regional administrative offices, and supervise and guide the residential property management activities within their respective administrative areas.

Fifth people's governments at all levels of planning, industry and commerce, public security, municipal utilities, sanitation and other management departments in accordance with their respective responsibilities, the implementation of supervision and guidance of residential property management activities. City street offices shall assist and cooperate with relevant departments to do a good job in supervision and guidance.

Sixth residential property management by the owners themselves, the owners can entrust property management companies to implement professional service management. Entrust property management companies to implement professional service management, should introduce competition mechanism, and gradually implement bidding.

Article 7 The ownership and use right of the owner or user of a house, as well as the ownership and use right of supporting facilities and equipment, public places and green spaces jointly owned by the owner or user according to law, are protected by law and may not be occupied by others.

Chapter II Owners Management Committee

Eighth urban residential areas (buildings) shall implement the system of owners' congress in accordance with the provisions of these measures, and the owners' congress shall discuss and decide on major issues of independent management of residential property and elect owners' management committees.

Ninth urban residential areas (buildings) in any of the following circumstances, the property management department of the location of the property in conjunction with the owners of the sale of residential owners held a general meeting:

(a) the sale rate of public housing reached 40% of the total construction area;

(two) the occupancy rate of commercial housing reached 50%.

Tenth owners' meeting shall notify all owners to attend; When the number of owners is large, the owners' representatives shall be elected to participate. The owners' meeting shall be attended by more than half of the owners; The decision made shall be passed by more than half of the owners attending the owners' meeting. The owners' meeting shall invite representatives of residents' committees and property users to participate.

Eleventh owners' congress shall exercise the following functions and powers:

(a) to elect and recall members of the owners' management committee;

(2) Examining and adopting the articles of association of the owners' management committee and the owners' convention;

(three) to listen to and consider the property management work report;

(four) to decide or authorize the owners' management committee to select and dismiss the property management enterprise;

(five) to decide other important matters of property management.

Twelfth after the establishment of the owners' management committee, it shall be reported to the property management department where the property is located for the record. The articles of association of the owners' management committee, the decisions of the owners' congress, the election results and the list of its members shall be submitted for the record. Only one owner management committee can be established in a residential area (building);

Article 13 The owners' management committee consists of a chairman, vice-chairmen and members, elected by the owners from among themselves, with an odd number of five or more, with a term of office of three years; Because the property right is no longer the owner, it should be transformed; Re-election can be re-elected.

Article 14 The owners' management committee shall perform the following duties:

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

(2) Selecting a property management enterprise through bidding, and signing a property management contract with the property management enterprise;

(three) listen to the opinions and suggestions of residential owners and users, supervise the work of property management enterprises, and assist property management enterprises to implement various management measures;

(four) according to the property management entrustment contract, supervise the property management enterprises, and according to the service level of the property management enterprises, change and terminate the property management entrustment contract according to law;

(five) accept the guidance and supervision of the real estate management department and other relevant departments and the local city people's government. The owners' management committee shall not engage in profit-making business activities.

Fifteenth owners' convention is a code of conduct for the use, maintenance and other management services of the property, which is binding on all owners after being discussed and passed by the owners' meeting. Owners or property users shall strictly abide by the owners' convention.

Chapter III Property Management Enterprises

Sixteenth property management enterprises shall, in accordance with the relevant provisions of the state and the province, apply to the property management departments at or above the county level for property management qualification certificates, and shall not engage in property management activities until they have obtained industrial and commercial registration. Property management enterprises outside the province to enter the province to engage in property management activities, should hold the qualification certificate and relevant documents to the provincial construction administrative departments for qualification verification procedures.

Seventeenth property management companies' obligations:

(a) the full implementation of the property management contract, timely provide quality property management services, improve the level of property management;

(two) accept the supervision of the owners' management committee and report to the owners' management committee on a regular basis;

(3) Organizing comprehensive community services and healthy and beneficial recreational activities;

(four) to strengthen internal management, establish and improve the management system of property maintenance expenses revenue and expenditure records;

(five) accept the guidance and supervision of the real estate management department and other relevant departments and the people's government of the place of residence.

Eighteenth property management enterprise rights:

(a) according to the relevant provisions of the state and the province to collect property management service fees and agency service fees;

(two) to carry out a variety of business activities and special paid services according to law;

(three) have the right to stop the violation of the residential area (building) owners convention and property management contract; Have the right to claim compensation for the damage of facilities and equipment used by * * * *; Those who seriously violate the owners' convention and the owners' management entrustment contract have the right to deal with it in time according to the owners' convention and contract, or the relevant departments shall deal with it according to law.

Chapter IV Implementation of Property Management

Nineteenth new commercial housing and its supporting facilities are all completed, the construction administrative department shall organize comprehensive acceptance, and the real estate management department shall participate. After the comprehensive acceptance of housing, before the establishment of the owners' management committee, the development and construction unit shall be responsible for organizing the implementation of property management. After the sale of public housing, the property management company is not entrusted to implement management, and the selling unit is temporarily responsible for organizing the implementation of property management. After the establishment of the owners' management committee, the owners' congress or the owners' management committee will hire property management companies to manage residential properties.

Twentieth owners' congress or the owners' management committee shall sign a property management entrustment contract with the property management enterprise when entrusting the property management enterprise to implement property management. The entrustment contract shall include entrusted management matters, management authority, management term, management fees, rights and obligations of both parties, liability for breach of contract, contract modification and termination, etc. The property management entrustment contract shall use the model text stipulated by the state and report it to the local property management department for the record.

Twenty-first property management contracts shall stipulate the following property management services:

(a) the use, management, maintenance and renewal of residential parts, facilities and equipment and various pipelines and lines;

(two) cleaning services, greening services, security services, vehicle management;

(three) the maintenance and renewal of residential parts and equipment;

(four) other matters entrusted by the owners or the owners' management committee.

Article 22 When entrusting a property management enterprise to implement property management, the development and construction unit or the public housing sale unit shall hand over the following construction materials to the property management enterprise under the supervision and guidance of the local property management department:

(a) the general plan of residential planning and completion;

(2) as-built drawings of single buildings, structures and equipment;

(3) Structure diagram of residential underground pipe network;

(four) technical information on the use and maintenance of facilities and equipment;

(5) A quality assurance agreement signed according to law;

(six) other building materials necessary for property management.

Twenty-third residential self-use parts, self-use equipment after the statutory warranty period of maintenance, renewal, by the owners or users responsible for their own expenses. Unless otherwise agreed in the property management entrustment contract.

Twenty-fourth residential * * * parts and * * * facilities and equipment after the statutory warranty period of maintenance, update, by the property management companies or management units responsible for the cost of residential * * * parts maintenance fund, * * facilities and equipment maintenance fund charged. Residential outdoor water supply, power supply, gas and other facilities and equipment management and maintenance, by the water supply, power supply, gas and other enterprises responsible for.

Twenty-fifth owners and property users shall abide by the following provisions when using the property:

(a) shall not violate laws and regulations, the owners' convention and the property management entrustment contract;

(two) shall not change the structure, shape and color of the house without authorization;

(three) shall not be arbitrarily connected, dismantled and damaged * * * facilities and equipment;

(four) shall not engage in business activities without authorization;

(five) to keep the property intact, clean and safe, and not to occupy public places to pile up sundries, dump garbage at will or engage in other activities that pollute the environment;

(six) after the transfer of the property by the owner, the new owner shall inform the property management enterprise within 30 days after handling the transfer formalities;

(seven) in accordance with the provisions of the timely payment of property management services.

Twenty-sixth because the decoration endangers public safety or affects the normal use of adjacent properties, the owner or user shall promptly correct and be responsible for maintenance; Refuses to correct or repair, the property management enterprise has the right to stop and repair, and the expenses incurred shall be borne by the property owner or responsible person.

Twenty-seventh property management enterprises shall, within 30 days after the termination or dissolution of the property management entrustment contract, handle the relevant handover procedures with the owners' management Committee and report to the property management department for the record.

Chapter V Property Management Funds and Special Houses

Twenty-eighth property management funds include * * parts maintenance fund, * * facilities and equipment maintenance fund, public * * * service fee, agency service fee and special service fee.

Twenty-ninth commercial housing and public housing after the sale, should be according to a certain proportion of * * * parts, * * facilities and equipment maintenance fund, for residential * * * parts, * * facilities and equipment maintenance and equipment replacement, renovation and update. * * * housing, * * housing facilities and equipment maintenance fund extraction ratio, management measures, in accordance with the Ministry of Finance and the Ministry of Construction "residential * * * housing facilities and equipment maintenance fund management measures" execution.

Twenty-ninth commercial housing and public housing after the sale, should be according to a certain proportion of * * * parts, * * facilities and equipment maintenance fund, for residential * * * parts, * * facilities and equipment maintenance and equipment replacement, renovation and update. * * * housing, * * housing facilities and equipment maintenance fund extraction ratio, management measures, in accordance with the Ministry of Finance and the Ministry of Construction "residential * * * housing facilities and equipment maintenance fund management measures" execution.

Thirtieth property management companies to provide public services can charge public service fees for property management in accordance with the relevant provisions of the state and the province. Property management public service charges are subject to government pricing or government guidance. The competent price department shall, jointly with the competent property management department, determine and adjust the charging standards for property management services according to the local economic development level and the quality of property management services. In residential areas that have entrusted property management, owners who have purchased commercial housing and obtained property rights but have not yet moved in will pay property management service fees by half; For unsold commercial housing, the development and construction unit shall pay the property management service fee according to a certain proportion, and the specific proportion shall be determined through consultation between the development and construction unit and the property management enterprise.

Article 31 If a property management enterprise is entrusted by water supply, gas supply, power supply, communication, optical fiber network and other enterprises to collect water, gas, electricity, communication, cable TV and other fees, it shall charge the entrusted enterprise an agency service fee at a rate not exceeding 3% of the price, and shall not charge the owner or user separately.

Thirty-second property management companies can provide property owners or users with special services such as hiring nannies or hourly workers, cleaning household appliances, and purchasing goods. , property management companies should negotiate with the owners or residential users to collect special service fees.

Thirty-third property management enterprises should apply to the price department for business license fees in accordance with the relevant provisions of the state, and implement the bright card fees.

Article 34 Where a development and construction unit entrusts a property management enterprise to undertake the warranty obligations within the statutory warranty period of a residence, it shall transfer the warranty fees to the property management enterprise for use in accordance with the provisions.

Thirty-fifth the collection and use of property management funds should be unified management, earmarking, strict accounting, and announced to the owners and property users every year.

Thirty-sixth commercial housing development and construction units should be in accordance with the relevant provisions, supporting the construction of the necessary property management space. Owners and owners' management committees entrust property management enterprises to implement property management, and shall provide necessary property management houses.

Chapter VI Legal Liability

Thirty-seventh in violation of the provisions of Article sixteenth of these measures, without obtaining the qualification certificate of the property management enterprise, failing to go through the qualification verification procedures or engaging in property management services beyond the approved scope of the qualification certificate, the property management department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit or does not have working conditions, it shall be ordered to stop engaging in property management activities, and may be fined between 2,000 yuan and 20,000 yuan.

Thirty-eighth property management companies in violation of the provisions of article seventeenth of these measures, the property management department shall order them to make corrections within a time limit; If it fails to correct or seriously infringes upon the rights and interests of the owner and user within the time limit, it shall be fined not more than 30,000 yuan; If the circumstances are serious, reduce or even cancel the qualification of property management enterprises. If the staff of a property management enterprise seriously neglects their duties, or infringes upon the property rights and personal rights of the owners and users, the owners' management committee may require the property management enterprise to dismiss the relevant responsible personnel, and draw the relevant competent departments of property management to deal with them according to law.

Article 39 If a property management enterprise builds buildings and structures in a residential area without the consent of the owners' management committee and the approval of the relevant administrative departments such as urban planning, or occupies public places and green spaces without authorization, the property management department shall order it to make corrections within a time limit and restore to its original state; If no correction is made within the time limit, the relevant competent department may forcibly remove it and impose administrative punishment according to law, and the property management department may reduce or even cancel the qualification of the property management enterprise.

Fortieth property owners or users who violate the provisions of Article 20 of these measures shall be punished by relevant competent departments such as property management in accordance with the provisions of relevant laws and regulations.

Forty-first decisions made by the owners' congress and the owners' management committee violate the provisions of these measures, and the property management department shall order them to make corrections within a time limit or cancel them, and notify all owners.

Forty-second property management companies and owners or property users who violate the property management entrustment contract, the other party has the right to terminate the entrustment contract in accordance with the contract, and shall be investigated for breach of contract liability.

Article 43 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring a lawsuit to the people's court according to law. If it fails to apply for reconsideration, bring a lawsuit or perform within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Chapter VII Supplementary Provisions

Forty-fourth other types of residential construction in the urban area of Sichuan Province shall implement property management with reference to these measures.

Article 45 The meanings of related terms in these Measures are:

(a) residential occupied parts, refers to a set of residential indoor occupied living room, room, kitchen, bathroom, balcony, patio and courtyard (including walls) and indoor painting and other parts.

(2) Residential self-use equipment refers to indoor doors and windows, sanitary ware, water supply, drainage, gas pipelines, wires, various instruments and other equipment.

(3) The * * * part of residential buildings refers to the main load-bearing structural parts of residential buildings (including foundations, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc.

(4) Residential building facilities and equipment refer to sewer pipes, downpipes, antennas, water tanks, booster pumps, boilers, elevators, power supply lines, lighting, heating lines, gas lines, fire-fighting facilities, roads, street lamps, ditches, pools, wells, etc. used in residential areas (buildings) where the construction cost has been apportioned to the sales price of human houses.