Latest property management regulations

(Promulgated by Order No.379 of the State Council of the People's Republic of China on June 8, 2003, revised according to the Decision of the State Council on Amending the Regulations on Property Management on August 26, 2007)

first

These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.

second

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area.

essay

The state encourages owners to choose property service enterprises through an open, fair and just market competition mechanism.

Article 4

The state encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.

Article 5

The State Council construction administrative department is responsible for the supervision and management of the national property management activities.

The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas. [ 1]

Article 6

The owner of the house is the owner.

Owners enjoy the following rights in property management activities

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute 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 realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Article 7

Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) 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;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Article 8

All owners in the property management area form the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

Article 9

A property management area establishes an owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 10

Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Article 11

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Article 12

The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.

The owner may entrust an agent to attend the meeting of the owners' congress.

The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Article 13

Meetings of owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Article 14

If a meeting of the owners' congress is held, all owners shall be informed 15 days before the meeting.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Article 15

The owners' committee shall implement the matters decided by the owners' congress and 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 the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Article 16

The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government, the subdistrict office and the Township People's government where the property is located.

Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Article 17

The management agreement shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform and the responsibilities that they should bear if they violate the management agreement.

Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.

Management regulations are binding on all owners.

Article 18

The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, the composition of the owners' committee and the term of office of its members.

Article 19

The owners' congress and the owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

Article 20

The owners' congress and the owners' committee shall cooperate with the public security organs and the 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 relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees. [ 1]

Article 21

Before the owners' congress and the owners' congress select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract.

Article 22

The construction unit shall formulate a temporary management agreement before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the temporary management agreement.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Article 23

The construction unit shall express the temporary management agreement to the property buyer before the property is sold and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.

Article 24

The state encourages construction units to select qualified property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property service enterprise with corresponding qualifications may be selected by agreement.

Article 25

The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Article 26

The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

Article 27

The owner shall not dispose of the ownership or use right of the property parts and facilities he enjoys according to law.

Article 28

When undertaking the property, the realty service enterprise shall inspect the parts and facilities of the property.

Article 29

When handling the property acceptance formalities, the construction unit shall hand over the following information to the property service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the above information to the owners' committee.

Article 30

The construction unit shall, in accordance with the provisions, allocate the necessary property management houses in the property management area.

Article 31

The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state. [ 1]

Article 32

Enterprises engaged in property management activities shall have independent legal personality.

The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council.

Article 33

Personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant state regulations.

Article 34

A property management area is managed by a property service enterprise.

Article 35

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 36

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 37

When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 38

The ownership of the property management house belongs to the owner according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house.

Article 39

When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.

Article 40

The realty service enterprise may entrust the special service business within the realty management area to a professional service enterprise, but may not entrust all the realty management within the area to others.

Article 41

Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.

Article 42

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Article 43

The price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 44

The realty service enterprise may, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service remuneration shall be agreed by both parties.

Article 45

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Article 46

The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner.

After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Article 47

The realty service enterprise shall assist in the safety work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. 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.

Article 48

The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Article 49

The real estate administrative departments of the local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities. [ 1]

Article 50

Public buildings and facilities planned and constructed within the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Article 51

Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Article 52

Water supply, power supply, gas supply, heating, communication, cable television and other units shall bear the responsibility for the maintenance and conservation of relevant pipelines and facilities and equipment within the property management area according to law.

If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state.

Article 53

If the owner needs to decorate the house, he shall inform the property service enterprise in advance.

The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

Article 54

Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single house shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.

Article 55

The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Article 56

If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person. [ 1]

Article 57

If, in violation of the provisions of this Ordinance, a residential property construction unit fails to employ a property service enterprise through bidding or employs a property service enterprise through agreement without approval, 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 impose a fine of more than 6,543,800 yuan.

Article 58

In violation of the provisions of this Ordinance, if the construction unit arbitrarily disposes of the ownership or use right of the property parts, facilities and equipment belonging to the owners, the real estate administrative department of the local people's government at or above the county level shall 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 59

In violation of the provisions of this Ordinance, the relevant materials are 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

In violation of the provisions of this Ordinance, those who engage in property management without obtaining the qualification certificate shall be confiscated by the real estate administrative department of the local people's government at or above the county level, and shall be fined 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.

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

In violation of the provisions of this Ordinance, if a realty service enterprise hires a person who has 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

In violation of the provisions of this Ordinance, if a property service enterprise entrusts all property management within a property 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

In violation of the provisions of this Ordinance, misappropriation of special maintenance funds, the real estate administrative departments of local people's governments 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 amount of misappropriation; 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

In violation of the provisions of this Ordinance, if the construction unit fails to allocate the necessary property management space in the property management area according to the regulations, the illegal income shall be confiscated and a fine of 6,543,800 yuan or more and 500,000 yuan or less shall be imposed.

Article 65

In violation of the provisions of this Ordinance, without the consent of the owners' meeting, the property service enterprise arbitrarily changes the purpose of the property management house, and is fined between 654.38 million yuan and 654.38 million 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

In violation of the provisions of these regulations, 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.

Article 67

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it 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.

Article 68

Engaged in illegal activities in the name of the owners' congress or the owners' committee, 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

In violation of the provisions of this Ordinance, 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, accept other people's property or other benefits, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts, 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 sanctions according to law. [ 1]

5 modify and edit

Modification of Property Management Regulations According to the relevant provisions of the Property Law of People's Republic of China (PRC), the State Council has decided to make the following amendments to the Property Management Regulations:

Article 10

"The owners in the same property management area shall set up the owners' meeting and elect the owners' committee under the guidance of the real estate administrative department of the people's government of the district or county where the property is located, or the subdistrict office or the township people's government.

However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee. "

Delete the second paragraph of Article 10.

Article 11

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Article 12

"The meeting of the owners' congress may take the form of collective discussion or written comments. "

"The owner may entrust an agent to attend the owners' meeting. "

"The owners' congress decides the matters specified in Items (5) and (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two thirds of the total building area and more than two thirds of the total number of owners; Decisions on other matters stipulated in Article 11 of these regulations shall be approved by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. "

"The decision of the owners' assembly or the owners' committee is binding on the owners."

"If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it."

Article 19

"If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the district or county people's government or the neighborhood office or the township people's government where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners."

This decision shall come into force as of June 6, 2007.

The "Regulations" of property management shall be revised according to this decision and re-promulgated.