Job Recruitment Website - Property management - What is black production?
What is black production?
According to the national property management regulations, the property is divided into three levels, the lowest of which is the third level, with a registered capital of 500,000, a second-level registered capital of 3 million and a first-level registered capital of 5 million. Of course, some employees have obtained the certificates of national first-class property manager, assistant property manager and property manager. Black property has the following characteristics: employees are not enthusiastic and polite to the owners, unable to prove the expenses, beating the owners, delaying the maintenance time, stealing the owners' property, being lazy during working hours and constantly shirking the owners' rent.
At present, the treatment of black property can only be solved by law, and anyone who violates the provisions of Chapter VI of the Property Management Regulations can report to the relevant departments.
Chapter VI Legal Liability
Article 57 If, in violation of the provisions of this Ordinance, a residential property construction unit employs a property service enterprise without bidding or approval, and employs a property service enterprise by agreement, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and may concurrently impose a fine of more than 6,543,800 yuan.
Fifty-eighth construction units in violation of the provisions of this Ordinance, unauthorized disposal of the ownership or right to use the property parts and facilities belonging to the owners, the real estate administrative departments of the local people's governments at or above the county level shall impose a fine of not less than 50 thousand yuan but not more than 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Fifty-ninth in violation of the provisions of this Ordinance, the relevant information is not handed over, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property service enterprise shall be notified, and a fine of more than 1 1,000 yuan 1 1,000 yuan shall be imposed.
Article 60 Anyone who violates the provisions of these regulations and engages in property management without obtaining a qualification certificate shall be confiscated by the real estate administrative department of the local people's government at or above the county level and fined between 50,000 yuan and 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Whoever obtains a qualification certificate by deception shall be punished in accordance with the provisions of the first paragraph of this article, and the qualification certificate shall be revoked by the department that issued the qualification certificate.
Article 61 Where a realty service enterprise, in violation of the provisions of these Regulations, employs personnel who have not obtained the professional qualification certificate of realty management to engage in realty management activities, the real estate administrative department of the local people's government at or above the county level shall order it to stop the illegal act and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 62 Where a realty service enterprise, in violation of the provisions of these Regulations, entrusts all the realty management within the realty management area to others, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.
Article 63 If anyone misappropriates special maintenance funds in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; Property service enterprises misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
Article 64 If a construction unit violates the provisions of these Regulations and fails to allocate necessary property management premises in the property management area, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.
Article 65 Where a realty service enterprise, in violation of the provisions of these Regulations, changes the use of its realty management premises without the consent of the owners' meeting, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.
Article 66 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:
(a) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities;
(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;
(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.
Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.
Sixty-seventh in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
Sixty-eighth owners in the name of the owners' congress or owners' committee, engaged in activities that violate laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.
Article 69 If, in violation of the provisions of these Regulations, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
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