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Detailed Rules for the Implementation of Huaian Property Service Charge Management
In order to standardize the behavior of property service charges, safeguard the legitimate rights and interests of owners, property management enterprises and related parties, and promote the healthy and orderly development of the property service industry in our city, according to the relevant provisions of the Measures for the Administration of Property Service Charges in Jiangsu Province (Su Jiafu [2004] No.383), we have formulated the Detailed Rules for the Implementation of the Management of Property Service Charges in Huai 'an Urban Area, which are hereby printed and distributed to you, please implement them carefully.
Huaian bureau of commodity price
Huaian real estate management bureau
February 2(nd), 2005
Detailed Rules for the Implementation of the Management of Property Service Charges in Huai 'an Article 1 In order to standardize the behavior of property service charges and safeguard the legitimate rights and interests of owners and property management enterprises, these detailed rules are formulated in accordance with the Regulations of Jiangsu Province on Property Management and the Measures for the Administration of Property Service Charges in Jiangsu Province.
Article 2 These Rules shall apply to the charging behavior of property management enterprises that meet the national property management qualification requirements in the main urban areas of this Municipality (Qinghe, Qingpu and Development Zone) to provide socialized, professional and market-oriented services for the property.
Article 3 The term "property service fee" as mentioned in these Detailed Rules refers to the fees charged by property management enterprises to owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for the maintenance of environmental sanitation and order in relevant areas.
Article 4 The government advocates and guides the selection of property management enterprises through an open, fair and just market competition mechanism; Encourage legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.
Article 5 The price departments of the municipal and district people's governments shall, jointly with the property management administrative departments at the same level, be responsible for the implementation and management of the property service charging policy within their respective administrative areas.
Sixth property service charges should follow the principles of openness and rationality, and the charging items and standards should be adapted to the service content and quality.
Article 7 Property service fees include public service fees, agency fees and special service fees. According to the nature of the property, the content and characteristics of providing services, the property service charges are subject to government-guided prices and market-regulated prices respectively.
Ordinary residential public service charges are subject to government guidance.
To meet the needs of some owners and users or accept the special services entrusted by them, the public service charges and collection and payment service charges (except parking service charges in residential quarters) of non-ordinary houses, office buildings, factories and business buildings shall be subject to market adjustment prices.
Eighth urban ordinary residential government guidance price service charges to implement the benchmark price. For details of service content, service charging standard and floating range, please refer to "Huai 'an Ordinary Residential Property Management Service Guiding Price Standard", and the guiding price standard of ordinary residential property management service will be adjusted accordingly with the social and economic development.
Ninth ordinary residential public property management service charges by the local price department for approval. Within the approved government-guided price range, the property management enterprise or construction unit shall pre-agree the charging standard with the property buyer in the preliminary property management agreement or the sale (lease) contract, and at the same time agree on the content of property management services, and the agreement involving the interests of the property buyer shall be consistent.
Encourage development units to select pre-property management enterprises through standardized bidding methods, and report the property service charges determined by bidding methods to the local price authorities for the record. The competent department of price and the administrative department of property management shall strengthen the supervision and management of the price behavior during and after the bidding, and promptly correct and investigate and deal with all kinds of illegal acts according to law.
Article 10 After the owners' committee is approved by the owners' meeting, the specific charging standard for public services of ordinary houses shall be agreed with the property management enterprise in the property service contract within the scope of the government-guided price announced by the local price department.
Eleventh the implementation of market-regulated property service charges, there is no owners' committee, by the development and construction units or property management companies and property buyers agreed in the property service contract; If the owners' committee has been established, it shall be agreed by the owners' congress and agreed with the property management enterprise in the property service contract. The price and property administrative departments shall strengthen the guidance and standardization of the behavior of charging property services at market-regulated prices, and promote the reasonable agreement of the parties concerned on fees and related matters.
Twelfth property service charges can be agreed in the form of contract system or gratuity system.
Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit and loss are borne by the property management enterprise.
The contract gratuity system refers to the method of paying the contract gratuity to the property management enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the property service contract, and the balance or deficiency is enjoyed or borne by the owner.
Thirteenth property management company * * * service fee is composed of:
(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;
(two) the daily maintenance costs of the * * * parts and facilities of the property;
(three) the cost of cleaning the property management area;
(four) the cost of greening and maintenance in the property management area;
(5) Maintenance fee for regional order of property management;
(six) the office expenses of the property management enterprise;
(seven) depreciation expenses of fixed assets of property management enterprises;
(eight) * * part of public property, * * facilities and equipment and public liability insurance;
(nine) other expenses agreed by the owners' meeting;
(10) Reasonable profits;
(eleven) statutory taxes and fees.
Among them, reasonable profit: 6% for ordinary houses.
Article 14 If the operating electricity charges of elevators, pumps, central air conditioners and other facilities and equipment of the property, as well as public lighting, public water and other expenses are included in the collection and payment month, the property management enterprise shall establish separate accounts and share them reasonably and publicly. The specific allocation method should be agreed with the owner in the previous property management agreement or the sale (lease) contract. After the establishment of the owners' committee, it shall be formulated through consultation between the owners' committee and the property management enterprise.
Fifteenth included in the scope of property management has been completed but not yet sold or not handed over to the property buyer on time due to the reasons of the development and construction unit, the property service fee shall be paid in full by the development and construction unit.
For the property not occupied by the owner or not used after occupancy, the property service fee shall be paid by the owner at 70% of the specified standard.
If the property is leased or used by others, the property management fee shall be paid by the owner or user, but the ultimate responsibility shall be borne by the owner.
Article 16 If the pre-property management residential quarters subject to government-guided prices are developed in stages and delivered in batches due to the reasons of the development and construction units, causing environmental pollution such as noise and dust to the owners who move in early, the property management service fees paid by the owners shall be paid at 80% of the prescribed standards, and the development and construction units shall compensate the property management enterprises for the price difference.
Article 17 In the property management area, the motor vehicle parking service charges managed by special personnel shall be entrusted by the owners or the owners' committee, and shall not exceed 80% of the standards stipulated in the Measures for the Administration of Parking Charges in Huai 'an City (Huai Jia Fu [2003] No.256 and Huai Guan Wen [2003] No.294). The specific standards shall be agreed by the property management enterprise or the construction unit with the owners of the previous property management in the previous property management agreement or sales contract. After the establishment of the owners' committee, it shall be determined through consultation between the owners' committee and the property management enterprise in the property service contract.
Eighteenth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units shall charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, both parties shall sign a paid service contract, and the property management enterprise shall collect the handling fee from the entrusting unit.
Article 19 When formulating or adjusting the overall level of public service charges for ordinary residential property management within their respective administrative areas, the competent price department shall hold a price hearing according to law to listen to the opinions of the owners, users and property management enterprises.
Twentieth property management companies shall not charge the owners and users for more than one year's deposit, security deposit and other fees without authorization.
Twenty-first property management companies will be part of the professional services in the property service contract subcontracted to other enterprises, shall not reduce the quality of service, reduce the service content and improve the charging standards.
Article 22 the property management service charges shall be clearly marked, and the service contents, charging items, standards and charging methods shall be announced in a prominent position in the business premises or service locations, and the operating income of operating facilities in the property community and the expenditure of public maintenance funds shall be announced to the owners and users every six months (or one year), subject to the supervision of the owners' committee, owners, users and the competent price department.
Twenty-third property management enterprises should improve the internal financial management system, strengthen the cost, revenue and expenditure constraints. The implementation of the property service fee contract system, property service enterprises to deal with specific property areas to implement separate account management, regularly publish financial status, accept supervision.
If the property service fee system is implemented, the property management enterprise shall announce the income and expenditure of property service funds to the owners' assembly or all owners. The property management enterprise or the owners' congress may, according to the stipulations of the property service contract, employ professional institutions to audit the annual budget and final accounts of the property service funds and the income and expenditure of the property service fees.
Twenty-fourth owners should pay the property service fee on time in accordance with the provisions of the property service contract. The owners' committee shall urge the owners to pay overdue service fees in violation of the property service contract; Overdue payment, property management companies can be recovered according to law.
When the property right or the right to use the property is transferred, the owner or the property user shall settle the property service fee in time.
Twenty-fifth government departments in charge of prices and property management administrative departments should strengthen the supervision of the service content, service quality, charging items and standards of property management enterprises. Property management companies that violate price laws, regulations and rules shall be punished by the competent price department of the government according to the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.
Twenty-sixth other counties in this Municipality may refer to these rules.
Twenty-seventh the detailed rules for the implementation by the Huai 'an Municipal Price Bureau in conjunction with the Municipal Housing Authority is responsible for the interpretation of.
Twenty-eighth these rules shall be implemented as of February 6, 2005, and all provisions inconsistent with these rules shall be abolished at the same time.
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