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Detailed Rules for the Implementation of Jiangyin Property Management
The object of property management is property, and the object of service is people. It is a paid labor integrating management, operation and service, and the road of socialization, specialization and enterprise management. Its ultimate goal is to realize the synchronous growth of social, economic and environmental benefits. Below I have compiled the full text of the detailed rules for the implementation of property management in Jiangyin, hoping to help you.
Chapter I General Provisions
Article 1 In order to standardize the property management behavior, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people, these Measures are formulated in accordance with the "Regulations on Property Management" of the State Council and the relevant provisions, and combined with the actual situation of this Municipality.
Article 2 The term "property" as mentioned in these Measures refers to houses, supporting facilities and related sites.
The term "property management" as mentioned in these Measures refers to the activities of owners and property management enterprises to maintain, conserve and manage the property by hiring property management enterprises, and to maintain environmental sanitation and order in relevant areas in accordance with the property management service contract.
Article 3 These Measures shall apply to the property management activities within the administrative area of this Municipality.
Newly built residential areas and existing residential areas with complete supporting facilities shall be subject to property management.
The original residential areas with incomplete supporting facilities should gradually create conditions and implement property management.
The community is responsible for the management of the community that has not implemented property management.
Property management is implemented for buildings, industrial zones and other properties with complete supporting facilities.
Article 4 The Municipal Real Estate Management Bureau is the administrative department in charge of property management in this Municipality, and is responsible for the supervision and management of property management activities in this Municipality.
The Administrative Committee of the Development Zone and the township government shall coordinate the relationship between property management, community management and community service within their respective jurisdictions, and the community residents' committee shall assist in the property management of the community.
Planning, construction, landscape, public security, civil affairs, price, environmental protection, industry and commerce and other administrative departments shall cooperate with each other to do a good job in property management according to their respective responsibilities.
Chapter II Owners' Congress and Owners' Committee
Article 5 The owner of a house is the owner. Owners enjoy the following rights in property management activities:
(a) in accordance with the property management contract, accept the services provided by the property management enterprise;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;
(four) to participate in the owners' meeting and exercise the right to vote;
(five) to elect members of the owners' committee and enjoy the right to be elected;
(six) to supervise the work of the owners' committee;
(seven) to supervise the property management enterprises to perform the property management service contract;
(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;
(nine) other rights stipulated by laws and regulations.
Article 6 Owners shall perform the following obligations in property management activities:
(a) abide by the laws, regulations and rules of property management;
(two) abide by the owners' convention and the rules of procedure of the owners' congress;
(three) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;
(four) to implement the decisions made by the owners' congress and the owners' committee authorized by the owners' congress;
(five) in accordance with the relevant provisions of the state, province and city, pay special maintenance funds for property parts and facilities (hereinafter referred to as special maintenance funds);
(six) pay the property management service fee on time according to the contract;
(seven) other obligations stipulated by laws and regulations.
Article 7 The owners' congress is an organization in which owners collectively exercise their rights and safeguard the legitimate rights and interests of all owners, and it is composed of all owners in the property management area.
Article 8 A property management area shall establish a general meeting of owners.
In the property management area, there is only one owner, or the number of owners is small, and it is decided not to set up the owners' meeting with the consent of all owners, and the owners shall perform the duties of the owners' meeting and the owners' committee; If there are a large number of owners, a representative of the owners can be elected to participate in the owners' meeting by building, unit and floor.
Article 9 In the property management area, if the delivered property construction area reaches 50%, or the delivered property construction area reaches 30% but less than 50%, but the service life exceeds 1 year, the first owners' meeting shall be held.
Article 10 The first owners' meeting shall be organized by the community residents' committee or subdistrict office in the area where the property is located under the guidance of the Municipal Real Estate Administration. Owners' representatives, development and construction units (including units selling public housing) shall form a preparatory group for the owners' meeting, which shall be responsible for the preparations for the owners' meeting.
After the list of members of the preparatory group is confirmed, it will be published in writing in the property management area.
The preparatory group shall, within 30 days from the date of formation, organize the owners to hold the first meeting of the owners' congress and elect the owners' committee.
Eleventh owners' congress shall perform the following duties:
(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;
(two) to listen to and consider the work report of the owners' committee;
(three) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;
(four) the selection and dismissal of property management companies;
(5) Deliberating and passing the property management plan;
(six) to decide on the renewal plan of special maintenance funds and supervise the implementation;
(seven) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area;
(eight) other relevant property management duties as stipulated by laws, regulations or the rules of procedure of the owners' congress.
Article 12 The owners' meeting may be held in the form of collective discussion or soliciting opinions in writing, but the owners with voting rights of 1/2 or above in the property management area shall attend.
Matters decided by the owners' meeting must be approved by the voting rights of the owners 1/2 or more present at the 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.
The owner may entrust an agent to attend the meeting of the owners' congress.
The decision of the owners' congress is binding on all owners in the property management area, and shall be published in writing in the property management area.
Thirteenth owners' committee is the executive body of the owners' congress. Members of the owners' committee are elected from among the owners, with an odd number of 5 to 15. The term of office is 3 years and they can be re-elected. Its members shall not serve in the property management enterprises that provide management services for this property management area.
The owners' committee shall hold the first meeting of the owners' committee within 3 days from the date of election, and elect 1 director and 1-2 deputy directors.
The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director, and more than half of the members shall attend, and the decision shall be agreed by more than half of all the members of the owners' committee.
Article 14 The owners' committee shall, within 30 days from the date of election, report the establishment of the owners' congress, the rules of procedure of the owners' congress, the owners' convention and the list of members of the owners' committee to the Municipal Real Estate Administration for the record, and send a copy to the community residents' committee or the subdistrict office where the property is located.
In case of any change in the relevant matters filed by the owners' committee, it shall be re-filed in accordance with the provisions of the preceding paragraph.
Fifteenth owners' committee shall perform the following duties:
(a) to convene a meeting of the owners' congress and report on the implementation of property management;
(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property management service contract;
(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property management service contract;
(four) to supervise the implementation of the owners' convention;
(five) to urge the owners who violate the property management service contract and fail to pay the property management service fee within the time limit;
(six) other duties entrusted by the owners' congress.
Sixteenth owners' committees shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.
The decision of the owners' committee shall be published in written form in the property management area in a timely manner.
If the decision made by the owners' committee violates laws and regulations, the Municipal Real Estate Management Bureau shall order it to correct or cancel its decision within a time limit and notify all owners.
Seventeenth owners' congress and owners' committee shall cooperate with public security organs and community residents' committees to do a good job in maintaining social order in the property management area.
In the property management area, the owners' congress and the owners' committee shall actively cooperate with the community residents' committees to perform their autonomous management duties according to law, support the community residents' committees to carry out their work, and accept their guidance and supervision.
The decisions made by the owners' assembly and the owners' committee in residential areas shall be informed to the community residents' committee and the suggestions of the community residents' committee shall be listened to.
Eighteenth owners' congress and the owners' committee to carry out the work of the funds borne by all owners; Measures for raising, managing and using funds shall be stipulated by the rules of procedure of the owners' congress.
The use of funds for the work of the owners' congress and the owners' committee shall be regularly published in written form in the property management area, and the owners' questions shall be accepted.
Chapter III Property Management Enterprises
Article 19 An enterprise engaged in property management activities shall have the qualification of an independent legal person.
Implement a qualification management system for enterprises engaged in property management activities.
Personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant state regulations.
Twentieth property management enterprise rights:
(a) to formulate the property management system in the property management area according to law;
(two) the implementation of property management in accordance with the property management service contract;
(three) according to the property management service contract and the relevant provisions of the property management service fee;
(four) to stop the violation of the property management system and the owners' convention;
(five) require the owners' committee to coordinate the disputes between them and the owners;
(six) to carry out paid services according to law;
(seven) other rights stipulated by laws and regulations.
Article 21 Obligations of a property management enterprise:
(a) according to the property management service contract approved by the owners' committee, the implementation of management services;
(two) report to the owners' committee every six months, submit the income and expenditure accounts of property maintenance and renewal fees and the income and expenditure accounts of property management service fees, and accept the supervision of the owners and the owners' committee;
(three) according to the requirements of the owners' committee, attend the owners' meeting or the owners' committee meeting, answer the inquiries of the owners and the owners' committee, listen to opinions and suggestions, and improve and perfect management services;
(four) after receiving the property damage repair, timely maintenance and treatment;
(five) accept the supervision and guidance of the Municipal Housing Authority and other relevant administrative departments;
(six) to cooperate with the community residents committee to carry out community cultural and sports activities;
(seven) other obligations stipulated by laws and regulations.
Twenty-second security personnel of property management enterprises shall abide by the relevant provisions of the state. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.
Twenty-third in the property management area, property management companies should cooperate with community residents' committees and neighborhood offices to do a good job of self-management, and assist the public security departments to maintain social order and stop illegal acts; When public security cases or all kinds of disasters and accidents occur, they should report to the public security and relevant departments in time and assist in the investigation and rescue work.
Relevant government departments, community residents' committees and street offices shall support the work of property management enterprises and shall not interfere with the normal operation and management service activities of property management enterprises.
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