Regulations of Shandong Province on Property Management (II)

20 17 Shandong province property management regulations

Chapter IV Property Use and Owners' Autonomy Management

Section 1 General Provisions

Forty-fourth owners or property users shall abide by the relevant laws, regulations, management regulations and temporary management regulations, and shall not engage in the following acts:

(a) damage to the bearing structure of the house and other acts in violation of the provisions of the house decoration;

(two) illegal construction of buildings and structures, unauthorized opening of doors and windows and other acts in violation of planning provisions;

(three) in violation of the provisions of the property management, occupation, damage to the corridor, green space and other property * * * parts, * * facilities and equipment;

(four) unauthorized changes in housing use and other acts in violation of housing management regulations;

(five) dumping garbage, debris and other acts in violation of the provisions of the city appearance and environmental sanitation;

(6) stacking flammable, explosive, toxic and radioactive substances, discharging toxic and harmful substances or noise exceeding the prescribed standards and other acts in violation of environmental protection regulations;

(seven) occupation of fire exits and other acts in violation of fire laws and regulations;

(eight) gambling, using superstitious activities to endanger society, raising animals to interfere with the normal life of others and other acts in violation of public security regulations;

(nine) other acts prohibited by laws, regulations, management regulations and temporary management regulations.

The realty service enterprise and the owners' committee shall dissuade and stop the acts specified in the preceding paragraph and report to the relevant departments.

Article 45 Owners or property users who close balconies, install outdoor air conditioners, solar water heaters, anti-theft nets, sun shades and other facilities shall abide by the management regulations, temporary management regulations and relevant provisions of property management, and keep the property clean and beautiful.

Owners use the roof to install solar water heaters and other facilities, and shall not damage the roof and affect the safety of the house. The top-level property owners and property service enterprises shall cooperate.

The owner shall dump the garbage in accordance with the relevant regulations on classified collection of garbage.

Forty-sixth owners should inform the owners' committee and the realty service enterprise when renting a house.

Owners shall not change houses, garages or other ancillary facilities into business premises in violation of laws, regulations, management regulations and temporary management regulations. If the owner needs to change the residence, garage or other ancillary facilities into business premises due to special circumstances, he shall submit a written application to the owners' committee or community residents' committee, and go through the relevant formalities with the relevant departments according to law after the consent of the interested owners.

Section 2 Decoration of Residential Property

Forty-seventh owners or property users in the residential decoration project before the start, should hold the relevant information to the property service enterprises for registration; In accordance with the provisions, it is necessary to report to the relevant departments for approval, and the approval procedures shall be handled according to law.

If the owner refuses to go through the registration and approval procedures, the property service enterprise has the right to prohibit the decoration construction personnel from entering the property management area according to the management statute or the temporary management statute.

Forty-eighth owners or property users should sign a residential decoration service agreement with the property service enterprise.

Residential decoration service agreement shall include the following contents:

(a) the implementation content and implementation period of the decoration project;

(2) Time allowed for construction;

(3) Removal and treatment of wastes;

(four) the installation requirements of residential facade facilities and anti-theft facilities;

(5) Prohibited behaviors and precautions;

(six) the collection and refund of decoration deposit;

(7) Liability for breach of contract;

(eight) other matters that need to be agreed.

Forty-ninth owners or property users shall inform the adjacent owners before the start of residential decoration projects.

Property services companies to inspect residential decoration activities, the owners shall not refuse or hinder.

Section 3 Use of Garage and Parking Spaces

Fiftieth garage should give priority to meet the parking needs of owners and property users. Owners, property users require a taxi garage, the construction unit shall not refuse to rent not to sell, the garage rental fee standard is determined according to the guidance price issued by the relevant departments. After meeting the needs of owners and property users, if the construction unit rents a taxi to units and individuals outside the property management area, the term of each lease contract shall not exceed six months at the longest.

The garage planned for parking cars in the property management area should be put into use first; If the garage is not fully utilized, it shall not occupy the parking spaces outside the roads owned by the owners or other site planning within the property management area.

Fifty-first occupation of property management area owners * * * part of the road or other venues for parking, parking fees shall be paid, and the charging standard shall be determined by the owners' meeting considering the garage rental price and other factors. Parking fee belongs to all owners.

Fifty-second encourage construction units or other investors to build and operate garages and three-dimensional parking facilities to meet the parking needs of owners when the planning conditions of residential quarters permit and the owners' meeting and the competent department of urban and rural planning agree.

Governments at or above the county level shall give preferential treatment to the construction and operation of garages by using underground space.

Fifty-third owners need to park their vehicles in the property management area, they should negotiate with the property service enterprises in advance about the parking location, and shall not occupy roads or other venues without authorization.

Owners have car maintenance requirements, it should be agreed with the property services companies.

The fourth quarter owner autonomy management

Fifty-fourth owners in property management activities, enjoy the following rights:

(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) to make suggestions on the formulation and revision of the management statute, the temporary management statute and the rules of procedure of the owners' meeting;

(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 and * * * facilities and equipment;

(nine) to supervise the management and use of special maintenance funds;

(ten) other rights stipulated by laws and regulations.

Fifty-fifth owners in the property management activities, fulfill the following obligations:

(a) abide by the management regulations, interim management regulations and the rules of procedure of the owners' meeting;

(two) abide by the rules and regulations of the property management area, use facilities and equipment, and maintain public order and environmental sanitation;

(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 56 The management statute and the temporary management statute shall stipulate the use and management of the property, the public interests of the owners, the rights and obligations of the owners, the collection and payment methods of the property service fees, and the responsibilities that should be borne in violation of the regulations.

Management regulations and temporary management regulations are binding on all owners and property users. Owners who refuse to pay property service fees shall be urged to pay by the owners' committee, and may be publicized in a prominent position in the property management area.

Fifty-seventh advocate the owners' committee to charge the property service fee directly from the owners, and pay the property service fee to the property service enterprise in accordance with the contract; If the owners' committee directly collects property service fees from the owners, the property service enterprise shall provide assistance.

The distribution of the income generated by the partial use of the property by the owners shall be decided by the owners' meeting; If no decision is made, it will be mainly used to supplement the special maintenance funds, and it can also be used as the activity funds of the owners' committee and owners' assembly or offset the property service fees.

Article 58 The owners' committee shall regularly publish in writing the collection and use of special maintenance funds and the accounts with partial income in a prominent position in the property management area; If the owners' committee directly collects the property service fee from the owners or adopts the charging system, it shall also announce the income and expenditure of the property service fee.

Chapter V Property Service Enterprises

Section 1 Property Services Enterprises

Article 59 A realty service enterprise refers to an enterprise legal person established according to law, with corresponding qualifications and engaged in realty management activities.

Property service enterprises shall engage in property management activities within the scope permitted by their qualification grades.

The realty service enterprise shall not transfer or transfer the qualification certificate of the realty service enterprise in disguised form by means of leasing, lending or linking.

Article 60 A realty service enterprise shall have corresponding professional engineers and technicians and the ability to provide special services for the owners.

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

Article 61 A realty service enterprise may employ a professional service unit to undertake special services such as facilities and equipment maintenance, sanitation, landscaping, house repair and order maintenance, but it shall not entrust all the realty management within the realty management area to other units or individuals.

Sixty-second property departments should strengthen the supervision and management of property service enterprises, regularly assess their service quality, and promote the property service enterprises to improve their service level.

Property service enterprises shall regularly submit credit file information, statistical reports and other relevant materials to the property administrative department.

Article 63 The lawful rights and interests of a realty service enterprise shall be protected by law. No unit or individual may force the realty service enterprise to collect relevant fees and provide free services.

Section 2 Industry Self-discipline

Article 64 A realty service enterprise shall, under the guidance of the competent department of realty, establish an industry self-discipline organization, standardize industry behaviors, promote honest management, improve the level of realty service, and safeguard the legitimate rights and interests of realty service enterprises.

Article 65 Self-regulatory organizations in the property industry may, in accordance with the relevant provisions of the state and the province, formulate norms and grade standards for property services, establish and improve the self-regulatory system for property service enterprises and property service practitioners, and cooperate with the property authorities to establish and improve credit files.

Chapter VI Property Services

Section 1 Contents and Contracts of Property Services

Article 66 Property services mainly include the following items:

(a) Use, management and maintenance of * * * parts of the property and * * * facilities and equipment;

(two) the maintenance of public greening;

(3) Maintaining the environmental sanitation of public areas;

(four) to assist in the management of public regional order maintenance, security and other matters;

(five) the obligation to inform, discourage and report the prohibited acts in the use of the property;

(six) accounting management of property maintenance, renovation and renovation costs;

(seven) keeping property service files and property files;

(eight) other property management matters.

Article 67 With the authorization of the owners' congress, the owners' committee shall sign a realty service contract with the realty service enterprise or other managers selected through bidding or agreement.

The realty service contract shall stipulate the contents of realty service, service standard, charging standard, realty service place, management and use of special maintenance funds, contract term, rights and obligations of both parties, liability for breach of contract, etc.

The realty service contract shall stipulate the obligations and responsibilities of the realty service enterprise in terms of personal and property safety prevention of the relevant owners and property users.

After the property service contract is signed, the owner has the right to make inquiries.

The realty service enterprise shall, within ten days from the date of signing the realty service contract, file with the competent department of realty.

Article 68 When a realty service contract is dissolved or terminated, it shall perform the necessary notification obligations in accordance with the agreement; If the notice period is not stipulated in the contract, the notice shall be given 60 days in advance.

After the dissolution or termination of the realty service contract, the realty service enterprise shall go through the exit formalities with the owners' committee in accordance with the law and the contract, and perform the following handover obligations:

(a) the transfer of custody of the property files, property services files;

(two) to provide relevant information on the decoration, repair, operation and maintenance of the property and facilities formed in the process of property services;

(three) the transfer of property services;

(4) Liquidating the related expenses received in advance and collected;

(5) Other matters stipulated by laws and regulations.

If the realty service enterprise fails to fulfill the obligation of informing and go through the exit handover procedures as agreed in the contract, it shall not leave the realty management area or stop the realty service without authorization.

Section 2 Property Service Charges

Sixty-ninth property service charges are subject to government guidance and market adjustment. Ordinary residential property service charges, the implementation of government guidance; The property service charges of other properties are subject to market-adjusted prices.

Where the government-guided price is implemented, the competent price department shall, jointly with the competent property department, formulate the corresponding benchmark price and floating range according to the changes of residential property type, service content, service level and price index, and announce it to the public every year. The specific charging standard shall be agreed by the owner and the realty service enterprise in the realty service contract according to the benchmark price and floating range.

Where a realty service enterprise provides special services other than those stipulated in the realty service contract for the owners or users of the realty, the charging standard may be stipulated separately.

Seventieth property services can be agreed or paid, and the specific charging method is agreed in the property services contract. Where the charging system is implemented, the realty service enterprise shall, in accordance with the provisions, establish a ledger of the income and expenditure of the realty service funds, and accept the verification of the owners' committee.

Seventy-first completed but not yet sold or delivered property, property service fees shall be borne by the construction unit. For the delivered property, the property service fee shall be borne by the owner, unless otherwise agreed between the construction unit and the owner.

If the property is vacant for a long time after delivery, the charging standard of the property service fee shall be agreed in the property service contract.

Seventy-second property services companies in violation of regulations and property services contracts, without authorization to expand the scope of fees, raise fees, repeated charges, the owners' committee or the owners have the right to refuse.

If the realty service enterprise performs its obligations in accordance with the contract, the owner shall pay the realty service fee on time and shall not refuse to pay it on the grounds of giving up the right of * * *. When the property right is transferred, the owner shall settle the property service fee.

Seventy-third professional business units shall collect fees from end users in accordance with the service contract signed with the owners.

Property service enterprises that accept fees entrusted by professional business units shall not charge the owners extra fees such as handling fees, but may collect remuneration from professional business units in accordance with the agreement.

Professional business units shall not force the realty service enterprise to collect fees, and shall not stop providing services to end users because the realty service enterprise refuses to collect relevant fees.

Chapter VII Property Maintenance

Section 1 Warranty Responsibility of the Construction Unit

Seventy-fourth construction units should establish and improve the after-sales maintenance service system of property, and assume the responsibility for property warranty in accordance with the warranty period and scope stipulated by the state and the province.

The construction unit may entrust matters related to the property warranty to the property service enterprise, sign an entrustment contract, and pay corresponding remuneration to the property service enterprise.

Seventy-fifth new property quality warranty system.

The construction unit shall, before the new property is delivered for use, deposit the property quality warranty fund into the account set up by the property administrative department in a lump sum according to the proportion of 3% to 5% of the total cost of property construction and installation.

If the construction unit has purchased the engineering quality liability insurance, the insured property may not be deposited with the property quality warranty fund.

For properties that have passed the residential performance certification, the proportion of property quality warranty money deposited by the construction unit may be appropriately reduced.

Article 76 If the construction unit fails to perform the warranty obligations, the owner, the owners' committee or the property service enterprise entrusted by it may apply, and after verification by the property administrative department, the maintenance expenses shall be charged in the property quality warranty fund.

Article 77 If the construction unit has fulfilled the statutory warranty responsibility after the quality warranty period of a property division project expires, the property administrative department shall promptly return the principal and interest balance of the property quality warranty fund corresponding to the division project to the construction unit.

Seventy-eighth property departments should implement unified supervision and management of the deposit, use, management and refund of property quality warranty funds. The specific measures shall be formulated by the provincial construction administrative department.

Section 2 Maintenance of Proprietary Parts

Article 79 After the warranty period of a property expires, the owner shall be responsible for the maintenance and repair of the exclusive part of the property.

When the proprietary part of the owner endangers safety, affects the appearance of the city, interferes with the public interest and other situations that affect the normal use of the property, the owner or the user of the property shall maintain and repair it in time, and the owner of the adjacent property shall provide convenience.

Article 80 When an owner leaves a property vacant for a long time, he shall inform the property service enterprise, negotiate with the property service enterprise about the maintenance, repair and management of the exclusive part, and take measures to prevent accidents such as water leakage and air leakage.

In the third quarter * * * with accessories and * * with facilities and equipment maintenance

Article 81 After the warranty period of the property expires, the responsibility for the maintenance and management of the parts, facilities and equipment used in the property management area shall be borne by the owner. The owner can entrust it to the property service enterprise.

* * * Use parts mainly include foundations, load-bearing walls, columns, beams, floors, roofs, outdoor walls, halls, stairs, corridors, etc. * * * Facilities and equipment mainly include elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, public cultural and sports facilities and houses used by facilities and equipment.

Elevator, regional boiler and other special equipment owned by the owner, the realty service enterprise or the owner shall entrust a professional service unit to be responsible for the maintenance according to the stipulations of the realty service contract and the relevant provisions of laws and regulations on the management of special equipment.

Eighty-second owners of residential and non-residential properties in residential areas shall deposit the first special maintenance fund into the special maintenance fund account before moving in. The deposit, use and management of special maintenance funds shall be implemented in accordance with the relevant provisions of the state and the province.

Other non-residential properties refer to residential properties that pay special maintenance funds.

Section 4 Maintenance of Professional Management Facilities and Equipment

Article 83 Professional business units such as water supply, power supply, gas supply, heat supply, communication, cable TV and broadband data transmission in residential quarters shall bear the responsibility of maintenance, maintenance and renewal of facilities and equipment except household metering devices or household ports and related expenses.

When professional business units carry out maintenance, conservation and renewal of professional business facilities and equipment, the owners shall cooperate.

Eighty-fourth professional business units can entrust the maintenance of professional business facilities and equipment to property service enterprises, and property service enterprises can collect remuneration from professional business units according to the entrustment contract.

Expenses such as maintenance of professional operating facilities and equipment shall not be charged from special maintenance funds.

Chapter VIII Community Property Management and Property Management in Old Residential Areas

The first quarter residential property management

Eighty-fifth street offices, township (town) government community management agencies, specific guidance and coordination of property management related work.

Eighty-sixth property management, urban management and law enforcement, public security, urban and rural planning, environmental protection and other departments should establish a complaint registration system for illegal acts, publish the name and contact information of the contact person in the property management area, and deal with illegal acts in a timely manner.

Eighty-seventh the implementation of the joint meeting system of property management.

The joint meeting of property management is convened by the subdistrict office and township (town) government, and attended by community neighborhood committees, police stations, property service enterprises, owners' committees or owners' representatives, professional business units, urban management and law enforcement, property management and other departments.

The joint meeting mainly coordinates the following matters:

(a) the owners' committee and relevant departments do not perform their duties according to law;

(two) the problems existing in the performance of the withdrawal procedures and handover of the property service enterprises;

(three) emergencies in the property management area;

(four) the connection and cooperation between property management and community management;

(five) other property management matters that need to be coordinated.

Eighty-eighth disputes arising from property management between owners, owners' congress, owners' committee, property service enterprises, professional business units and construction units shall be resolved through consultation; If negotiation fails, it may apply to the community residents' committee or the joint meeting for mediation, or apply for arbitration or bring a lawsuit to the people's court according to law.

Article 89 The relevant departments and units shall carry out community service activities such as cultural education, medical and health care, physical fitness, family planning, publicity and popularization of emergency knowledge and emergency drills within the property management area, and the owners, owners' committees, property service enterprises and professional business units shall provide assistance and cooperation.

Section 2 Property Management of Old Residential Areas

Article 90 The municipal and county (city, district) governments divided into districts shall take measures to transform the old residential areas that have been completed and delivered, but the supporting facilities are incomplete and the environmental quality is poor, and announce the transformation and updating plans and annual plans to the society.

The scope of old residential areas shall be delineated by the municipal and county (city, district) governments with districts.

The funds for the renovation and construction of supporting buildings, facilities and equipment such as roads, lighting, green space and community services, culture and sports, security and property services in old residential areas shall be borne by the government; The remaining problems such as the facilities of the development project are not matched are solved by the original construction unit; Water supply, power supply, gas supply, heating, communication, cable TV, broadband data transmission and other professional operating facilities and equipment transformation shall meet the conditions of household measurement and household control, and its construction expenditure shall be borne by the relevant professional business units; The owner shall bear the decoration expenses of some proprietary facilities and equipment. If the municipal or county (city, district) governments with districts have other provisions on investment responsibilities, those provisions shall prevail.

Ninety-first in the transformation of old residential areas, with the consent of interested owners and planning permission, property service houses and a certain proportion of business houses can be allocated in accordance with relevant regulations. Operating rooms can be used for rental operation, and operating income is used as supplementary funds for the maintenance and management expenses of old residential areas, which is supervised by the owners' congress.

Before the transformation, the relevant departments and units shall bear the costs of sanitation and greening and maintenance of municipal facilities. After the transformation, subsidies should still be given.

Article 92 After the renovation of old residential areas is completed, the subdistrict offices and township (town) governments shall organize owners to set up owners' meetings, and the owners' meetings will decide to hire property service enterprises or other managers to manage the property. Property management before the establishment of the owners' congress shall be organized and implemented by the community residents' committee.

Ninety-third old residential areas that have not established a special maintenance fund system, the owners shall pay special maintenance funds in accordance with the relevant provisions of the state and the province; The realty service enterprise may collect special maintenance funds on behalf of the realty service contract. There are * * * part of the income such as parking fees, which are mainly used to supplement special maintenance funds.

Chapter IX Legal Liability

Ninety-fourth acts in violation of the provisions of these regulations, laws and regulations have made penalties, in accordance with its provisions; If there are no penalties in laws and regulations, the provisions of these regulations shall prevail.

Ninety-fifth in violation of the provisions of this Ordinance, one of the following acts, shall be punished by the competent department of property:

(a) the realty service enterprise fails to submit the credit file information, statistical statements and other relevant materials in accordance with the provisions, and shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than three thousand yuan but not more than ten thousand yuan shall be imposed;

(2) If the realty service enterprise withdraws from the realty management area without authorization, stops the realty service or fails to go through the withdrawal formalities and fulfill the corresponding obligations, it shall be fined not more than 50,000 yuan; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate;

(three) if the construction unit fails to deposit the property quality warranty fund according to law, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed.

Ninety-sixth in violation of the provisions of these regulations, professional business units refuse or delay the investment in the construction or acceptance of professional business facilities and equipment without justifiable reasons, and the municipal and county (city, district) governments with districts shall order them to make corrections within a time limit. If it affects the delivery of the house, the normal life of the owner or causes personal or property damage, the professional business unit shall bear the corresponding liability for compensation.

Ninety-seventh owners or property users who violate the provisions of Article 44 and Article 45 of these regulations shall be given a warning by the property administrative department or other relevant departments and ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than two thousand yuan but not more than ten thousand yuan shall be imposed. If losses are caused to other owners, they shall bear civil liability according to law.

Article 98 If the decision made by the owners' congress or the owners' committee violates laws and regulations, the property administrative department or the subdistrict office or the township (town) government shall order it to correct or cancel its decision within a time limit and notify all the owners.

Ninety-ninth property departments, street offices, township (town) government and other relevant departments of the staff in the property management work, one of the following acts, shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) in the examination and approval of the planning and design of construction projects, the opinions of real estate development, property management and other departments and professional business units were not sought on the configuration of supporting buildings and facilities and equipment in residential quarters and the construction standards of professional business facilities and equipment;

(two) failing to supervise the comprehensive acceptance and handover of residential quarters in accordance with the provisions of these regulations;

(three) failing to prepare and organize the meeting of the owners' congress in accordance with the provisions of these regulations;

(four) misappropriation of property quality warranty funds and special maintenance funds;

(five) failing to convene or participate in the joint meeting of property management in accordance with the provisions of these regulations;

(six) found illegal acts or received reports of illegal acts, complaints are not handled in time;

(seven) other dereliction of duty.

Chapter X Supplementary Provisions

100th owners who manage their own property shall refer to the relevant provisions of these Regulations.

Article 101 These Regulations shall come into force as of May 6, 2009.

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