Full text of Changsha property management regulations

Full text of Changsha property management regulations

Property management should adhere to the people-oriented principle and implement the principle of combining owner autonomy, professional services and community management. I'll sort out the property management regulations about Changsha for you. Welcome to read the reference:

Chapter I General Principles

Article 1 In order to strengthen the property management of urban residential quarters in our city, promote the rational utilization of residential quarters, and create a good living environment, these measures are formulated in accordance with the Measures for the Administration of New Urban Residential Quarters of the Ministry of Construction and relevant laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management of urban residential quarters within the administrative area of this Municipality.

Article 3 The meanings of the following terms in these Measures:

(1) Residential quarter refers to a residential area dominated by residential houses and corresponding supporting public facilities and non-residential houses.

(2) Property refers to all kinds of houses and their ancillary facilities, public facilities and venues that have been completed and delivered in residential areas.

(3) Owners refer to the owners of various houses in residential areas.

(four) the user refers to the lessee of the house and other non-owner users.

(5) Property management refers to the activities of maintaining, repairing and managing the properties in residential areas and providing paid services for owners and users.

Article 4 The Municipal Real Estate Management Bureau is the administrative department in charge of property management of residential quarters in this Municipality. District, county (city) real estate management bureau is responsible for the administrative work of residential property management within its jurisdiction.

Fifth people's governments at all levels should strengthen the leadership of residential property management and do a good job in organization and coordination. Construction, planning, public security, civil affairs, industrial and commercial administration, price, municipal administration, sanitation, gardens, electric power, telecommunications, public utilities and other departments shall, according to their respective responsibilities, cooperate with the relevant work of property management in residential quarters.

Chapter II Property Management Organization

Article 6 When the occupancy rate of residential quarters reaches more than 50%, the local property management administrative department shall, jointly with the development and construction unit or the subdistrict office, hold the first owners' meeting to elect the residential quarter property management committee (hereinafter referred to as the CMC). The method for convening the first owners' meeting shall be formulated separately by the municipal administrative department of property management. After the establishment of the management Committee, it is responsible for convening an annual owners' meeting. When necessary, the annual restriction can be waived at the request of more than 20% of the owners' representatives. The decision of the owners' meeting shall be valid only if it is passed by more than half of the representatives present at the meeting.

Article 7 The owners' congress shall exercise the following functions and powers:

(1) To elect and recall members of the Central Military Commission;

(two) to review or amend the articles of association of the CMC and the property management convention;

(three) to listen to and consider the work report of the CMC;

(four) to change or cancel the improper decision made by the CMC;

(five) to decide on major issues of property management in this residential area.

Eighth members of the management committee are mainly elected by the owners, and can also be hired by the staff of the neighborhood offices, neighborhood committees and police stations, among which the owners' members shall not be less than two thirds of the total number of members. The CMC consists of more than 5 people, and the director and deputy director are elected by the members of the CMC. The term of office of the CMC is 3 years, and members may be re-elected.

Article 9 Responsibilities of the CMC:

(a) to listen to and reflect the opinions and demands of the owners and users of residential quarters, and to represent and safeguard their legitimate rights and interests; ?

(two) to convene and preside over the owners' meeting and report on the work, and implement the resolutions of the owners' meeting;

(three) to formulate the articles of association of the management committee and the property management convention;

(four) hiring a property management company and signing a property management service contract;

(five) review the annual property management plan and major property management measures formulated by the property management company, and supervise the implementation; ?

(six) to inspect and supervise the implementation of various management work and rules and regulations in residential quarters, and assist property management companies in implementing various management work;

(seven) to assist and cooperate with the neighborhood committees to do the relevant management work;

(eight) other duties entrusted by laws, regulations and rules and the owners' meeting.

Article 10 After the establishment of the CMC, it shall, within 30 days after the local property management administrative department has signed the opinions, go through the registration procedures of corporate associations with the civil affairs department.

Eleventh property management companies must obtain a business license and a property management qualification certificate in accordance with the regulations before they can engage in property management business.

Twelfth property management companies according to the residential property management service contract signed with the CMC. ? The property management service contract shall include the following contents: management service items, authority, standards, fees, time limit, liability for breach of contract and other rights and obligations agreed by both parties. After the property management service contract is signed, it shall be reported to the local property management administrative department for the record within 30 days.

Thirteenth before the establishment of the new residential area management committee, the development and construction units themselves or entrust property management companies to implement property management in residential areas, and the expenses shall be borne by the development and construction units. After the establishment of the CMC, it shall, in accordance with the provisions of these measures, invite property management companies to conduct property management in residential areas.

Article 14 Rights of a property management company:

(a) according to the relevant laws, regulations, rules and these measures, formulate specific provisions on property management in this residential area and organize their implementation;

(two) to stop acts in violation of these measures and the relevant provisions of the residential property management convention;

(three) hiring professional companies or personnel to undertake special business of property management;

(four) request the management committee to assist in management;

(five) in accordance with the property management service contract and the relevant provisions of the management service fee;

(six) to carry out diversified operations according to law, and to supplement the property management funds with its income;

(seven) other rights granted by laws, regulations, rules and property management service contracts.

Article 15 Obligations of a property management company:

(1) Performing property management service contracts, management services and business activities according to law;

(two) accept the supervision of the CMC and the owners and users;

(three) to formulate annual property management plans and major property management measures, and submit them to the CMC for consideration or approval;

(four) accept the guidance, inspection and supervision of the relevant administrative departments and the people's governments where the residential areas are located.

(five) other obligations stipulated by laws, regulations, rules and property management service contracts.

Chapter III Property Management in Residential Areas

Sixteenth residential property management mainly includes the following contents:

(a) Maintenance, conservation and management of buildings and equipment;

(2) Maintenance, conservation and management of public facilities;

(3) Operation, maintenance and management of public places and service facilities;

(four) the management of public green space, do a good job in environmental health and safety;

(five) other matters entrusted by the owners and users.

Seventeenth new residential district transfer, the development and construction unit shall hand over the following residential district construction materials to the CMC:

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

(2) Completion drawing and equipment layout drawing of single building;

(three) the plot greening, water supply and drainage system diagram and underground pipe network completion diagram;

(4) Other necessary information.

Article 18 The development and construction unit shall be responsible for the warranty within one year after the single building in residential area is completed, accepted and delivered for use, or entrust a property management company with the warranty, and the expenses shall be paid by the development and construction unit.

Nineteenth residential areas prohibit the following acts:

(a) occupation of green space, damage to trees, flowers and landscaping facilities;

(two) occupy roads, parking lots and other public places, dismantle or damage public facilities;

(three) in the public * * * land, set up stalls, operating outside the store and affecting the appearance of the city, hanging;

(four) storing inflammable, explosive, toxic, radioactive and other dangerous goods, and discharging toxic and harmful substances;

(five) gathering people to make noise, making noise exceeding the prescribed standards;

(six) littering, garbage and other acts of environmental pollution;

(seven) other acts prohibited by laws, regulations, rules and property management conventions.

Twentieth housing users prohibit the following acts:

(a) to change the structure, appearance and use of the house without authorization, to dismantle and modify the ancillary facilities of the house without authorization, and to decorate the house in violation of regulations.

(two) the destruction of the building structure, overweight pile, occupy the passage, stairs and other * * * space;

(three) other acts that harm the public interest and infringe upon the legitimate rights and interests of others.

Article 21. Rebuilding, decorating houses or changing the structure and use nature of houses should be approved by the CMC before being reported to the relevant departments for approval. If it affects neighboring households, the written consent of neighboring households should be obtained first. ?

Twenty-second adjacent owners and users shall, in accordance with the principles of favorable residence, convenient residence, solidarity and mutual assistance, fairness and rationality, correctly handle the adjacent relations in the use, maintenance, water supply and drainage, transportation, ventilation and lighting of housing equipment. When repairing houses, the neighboring households concerned shall cooperate and shall not obstruct them unreasonably. If the repair causes losses to neighboring households, the responsible person shall repair or compensate.

Twenty-third housing maintenance responsibility, according to the following provisions:

(1) The owner is responsible for the maintenance of the self-use parts and equipment in the sub-door, and the expenses shall be borne by himself;

(2) The exterior wall, stairwell, passageway, roof and other * * * used parts of the house and the * * * used equipment of the house, such as water pipes, public water tanks, pressurized water pumps, mechanical and electrical equipment and fire fighting equipment, shall be repaired and maintained by the property management company.

Twenty-fourth public facilities in residential areas are managed and maintained by property management companies.

Twenty-fifth houses outside the water, electricity, gas, communications, cable television and other pipelines and civil air defense, fire control facilities by the relevant business management units in accordance with the provisions of maintenance.

Twenty-sixth housing occupied parts and equipment damage, by the owners or users to the property management company or other repair units to apply for repair; If the parts and equipment of the house are damaged, the CMC shall report to the property management company for maintenance. After receiving the maintenance report, the property management enterprise shall register on the spot, determine the maintenance time, and carry out timely maintenance in accordance with the prescribed quality standards.

Article 27 When a newly-built residential district is handed over, the development and construction unit shall provide the property management room with a construction area of not less than 30 square meters to the management committee at the cost price, and at the same time provide the management committee with a total construction area of not less than 2? Commercial housing, property rights belong to the CMC. Its commercial buildings and service facilities with economic income in residential areas can be directly operated by the CMC or entrusted by the property management company according to the contract, and can collect paid use fees.

Chapter IV Property Management Funds

Twenty-eighth residential property management funds by the property management special funds, housing maintenance funds, property management services and other operating income.

Twenty-ninth property management funds are raised from the following channels:

(a) special funds for property management, by the development and construction units in the transfer of new residential areas, according to the proportion of 2% of the cost of residential housing construction and installation projects, a one-time allocation to the CMC.

(2) Housing maintenance fund: for residential housing, the owner shall pay it for the first time according to the 5 yuan standard of construction area per square meter; For public houses sold through housing reform, the first maintenance fund shall be paid by the selling unit according to 15% of the house price, and by the owner according to 1% of the actual house price. In the future, it will be paid by the owner according to the standard agreed by more than half of the owners of this building. Non-residential houses shall be paid according to 150% of residential housing standards.

(three) the property management service fee shall be paid by the owner or user according to the regulations or agreements.

Thirtieth the use of property management funds:

(a) special funds for property management, used to solve the major maintenance projects of residential management houses and public facilities; ?

(two) housing maintenance funds, used for the maintenance of * * * parts and * * * equipment of this house;

(3) Property management service fee, which is used for sanitation and cleaning, public security and other services.

Thirty-first property management fund management

(a) the special funds for property management shall be managed by the local property management administrative department and used by the CMC according to the prescribed procedures;

(two) housing maintenance funds by the local property management administrative departments to set up a special account management, management by the CMC in accordance with the prescribed procedures;

(three) the property management service fee shall be collected, managed and used by the property management company according to the regulations, and the income and expenditure shall be filed by the CMC on a monthly basis;

(four) the operating income of commercial buildings and other service facilities owned by the CMC is used to supplement the property management funds of residential quarters. The CMC will set up a special account for management, and the income and expenditure will be reported to the local property management administrative department every month. Special funds for property management in residential quarters, housing maintenance funds, property management service fees and operating income accounts of the CMC shall be published at least once every three months, subject to the supervision of owners and users.

Thirty-second property management fees and charges, by the city, county (city) price administrative departments in conjunction with the property management administrative departments to develop and publish, timely adjustment.

Thirty-third in residential areas where property management has been implemented, other units or departments may entrust property management companies to collect relevant fees from owners and users according to law.

Chapter V Legal Liability

Article 34 If a development and construction unit commits one of the following acts, the local property management administrative department shall order it to perform within a time limit. If it fails to perform within the time limit, the CMC will not accept the transfer of the house, and the property management department will not handle the house ownership and transfer procedures:

(a) did not hand over the construction materials of residential quarters;

(two) within one year after the completion and acceptance of the single building in the residential area, it is not guaranteed according to the relevant provisions;

(three) did not timely and fully allocate special funds for property management to the CMC;

(four) failing to provide property management and commercial property rights to the CMC in accordance with the provisions.

Thirty-fifth property management companies have one of the following acts, the owners and users have the right to complain; The CMC has the right to stop it and ask for correction within a time limit; The local property management administrative department may give a warning, order it to make corrections within a time limit, compensate for losses, lower the qualification level until the property management qualification certificate is revoked, and may impose a fine of 1000 yuan:

(a) housing and * * * equipment, public * * * facilities not timely maintenance and unqualified quality;

(2) occupying public places or changing the use of public facilities;

(three) do not fulfill the obligations stipulated in the property management service contract and these measures.

Thirty-sixth CMC has one of the following acts, given a warning by the local property management administrative department, ordered to make corrections within a time limit.

(a) did not set up a special account for the management of the operating income of all commercial buildings and other service facilities and used it to supplement the property management funds of residential quarters, or did not report the income and expenditure to the local property management administrative department on a monthly basis;

(two) did not publish the accounts of property management funds within the prescribed time. If the interests of residential quarters are seriously damaged due to the responsibility of the CMC, the local property management administrative department may request the owners' meeting to replace the main person in charge of the CMC and the person directly responsible.

Thirty-seventh owners or users have one of the following acts, the management committee and the property management company have the right to stop, and demand correction within a time limit; If losses are caused, they have the right to claim compensation. If the cessation is ineffective, it may apply to the relevant administrative organ for punishment or bring a lawsuit to the people's court:

(a) there are laws, regulations, rules or one of the prohibited acts stipulated in these measures;

(two) without the consent of the CMC and reported to the relevant departments for approval to rebuild or decorate the house or change the structure and nature of the house;

(three) decoration, renovation or change of housing structure and nature of use, etc., which have an impact on neighboring households without the prior written consent of neighboring households;

(four) failing to pay housing maintenance funds and property management service fees in accordance with the provisions.

Thirty-eighth development and construction units, property management companies, management committees, owners and users who violate other administrative regulations and need to be punished according to law shall be punished by the relevant administrative organs.

Thirty-ninth if a party refuses to accept the administrative punishment, it may apply for reconsideration and bring an administrative lawsuit in accordance with the Regulations on Administrative Reconsideration and the Administrative Procedure Law. If the party concerned neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for compulsory execution.

Chapter VI Supplementary Provisions

Fortieth villas and senior apartments, high-rise office buildings and commercial and residential buildings property management, can be implemented with reference to these measures.

Article 41 These Measures shall come into force as of the date of promulgation.

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