Notice on printing and distributing the measures for the administration of service withdrawal of property projects in Zhejiang Province (for Trial Implementation).

Article 1 In order to strengthen the exit management of property project services, standardize the exit behavior of property service enterprises, safeguard the legitimate rights and interests of the parties, and maintain the normal order of property management activities, these measures are formulated in accordance with the Regulations of Zhejiang Province on Property Management and relevant national laws and regulations, combined with the actual situation of this province.

Article 2 These Measures shall apply to the termination of the realty service contract within the administrative area of this province, or the termination of the realty service contract in advance according to law, and the realty service enterprise withdraws from the realty project service management activities.

Article 3 The principle of maintaining social stability, ensuring the basic living order of the owners, and orderly and smooth transition according to law shall be followed when withdrawing from the service management of property projects.

Fourth provincial people's government housing and urban and rural construction administrative departments responsible for the province's property project service exit guidance, supervision and management.

The real estate administrative department of the people's government at or above the county level (hereinafter referred to as the "property administrative department") is responsible for the guidance, supervision and management of the withdrawal of property project services within its administrative area.

Article 5 The owners' congress and the owners' committee shall proceed from maintaining the stability and long-term interests of the service management of property projects, and shall not change the property service enterprises at will to ensure the normal life order of the owners.

Property service enterprises should adhere to the principle of honesty and law-abiding, strictly fulfill the procedures and corresponding responsibilities for withdrawing from property project service management, solve the problems left over from project management, do a good job in connecting the old and new property service management, and maintain the continuity of project service management.

Development and construction units should respect the legitimate rights and interests of buyers, honor the promise of selling houses, properly solve the problems left over from project construction, and provide guarantee for the smooth development of property project management.

Article 6 Where the preliminary realty service contract expires and the owners' assembly and owners' committee have not yet been established, and the realty service enterprise withdraws from the project service management, the following procedures shall be followed:

(a) if the construction unit or the realty service enterprise does not renew the contract, one party to the contract shall, 60 days before the expiration of the previous realty service contract, put forward opinions on not renewing the contract to the other party. The construction unit shall, in accordance with the relevant provisions of the "Regulations on Property Management in Zhejiang Province" and the preliminary property management bidding, and with the consent of the owners whose exclusive parts account for more than half of the total area of the building and more than half of the total number of owners, timely select and employ property service enterprises with corresponding qualification grades, and perform according to the service standards not lower than those stipulated in the original property service contract.

(two) the realty service enterprise shall submit the reasons for not renewing the contract, the withdrawal time, etc. In written form to the property administrative department and the neighborhood office where the project is located (Township People's Government) for the record, and fill in the registration form for the withdrawal of the property service enterprise from the project service management.

(III) The construction unit shall, within 65+00 days after the newly hired realty service enterprise (hereinafter referred to as "newly entrusted realty service enterprise") is determined, inform the owner in writing of the newly entrusted realty service enterprise and relevant information, and send a copy to the property administrative department and the neighborhood office (Township People's Government) where the property is located for the record.

(IV) If the construction unit fails to fulfill the responsibility of selecting and hiring the realty service enterprise in time, the original realty service enterprise shall promptly report in writing to the local property administrative department and the subdistrict office (Township People's Government). The property administrative department shall, jointly with the sub-district offices (Township People's governments) and community residents' committees, urge the construction unit to select and employ property service enterprises in a timely manner.

Article 7 Where the preliminary realty service contract expires and the owners' assembly and owners' committee have been established, or the realty service contract expires and the realty service enterprise withdraws from the project service management, the following procedures shall be followed:

(a) if the owners' meeting or the realty service enterprise does not renew the contract, one party to the contract shall, 60 days before the expiration of the previous realty service contract or realty service contract, put forward an opinion to the other party not to renew the contract. The owners' congress shall, in accordance with the relevant provisions of the Regulations of Zhejiang Province on Property Management and the management statute, timely select and employ property service enterprises with corresponding qualification grades.

(two) the realty service enterprise shall submit the reasons for not renewing the contract, the withdrawal time, etc. In written form to the property administrative department and the neighborhood office where the project is located (Township People's Government) for the record, and fill in the registration form for the withdrawal of the property service enterprise from the project service management.

(III) After the owners' committee re-hires the realty service enterprise according to the prescribed procedures and requirements, it shall make an announcement within the realty management area and report it to the realty administrative department and the neighborhood office (Township People's Government) where the realty is located for the record.

(IV) If the owners' meeting fails to fulfill the responsibility of selecting and appointing realty service enterprises in time and decides to implement autonomous management, the original realty service enterprises shall promptly report in writing to the local property authorities and neighborhood offices (township people's governments). The property administrative department shall, jointly with the sub-district offices (Township People's governments) and community residents' committees, urge the owners' congress to select and employ property service enterprises in a timely manner.

Article 8 Where the parties to a realty service contract terminate the contract in advance and the realty service enterprise withdraws from the project service management, it shall go through the following procedures respectively according to the situation:

(1) During the prophase realty service period, if one party of the contract requests to terminate the realty service contract in advance, it shall inform the other party in writing 90 days before the planned termination of the contract, and obtain the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

The construction unit shall, in accordance with the relevant provisions of the "Regulations on Property Management in Zhejiang Province" and the preliminary property bidding, timely select and employ property service enterprises with corresponding qualification grades. At the same time, the construction unit, the property service enterprise and the property administrative department shall respectively fulfill the relevant provisions in Items (2) to (4) of Article 6 of these Measures.

(two) during the period of property services, if the owners' committee or more than 20% of the owners propose to terminate the contract in advance, they shall organize the owners' meeting 90 days before proposing to terminate the property services contract. 15 before the owners' meeting is held, the written materials such as the notice of the meeting and the dismissal of the property service enterprise shall be delivered to the participants and announced in the property management area in writing. With the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners, the owners' assembly decides to dismiss the realty service enterprise, and the owners' committee shall notify the realty service enterprise in writing within 3 days after the decision is made by the owners' assembly, except as otherwise agreed in the management statute, rules of procedure of the owners' assembly or the contract.

The owners' congress shall, in accordance with the relevant provisions of the Regulations of Zhejiang Province on Property Management and the management statute of this property project, timely select and employ property service enterprises with corresponding qualification grades. The owners' committee shall submit the reasons for early termination of the contract, withdrawal time, etc. In written form to the project where the property authorities and neighborhood offices (Township People's Government) for the record. At the same time, the realty service enterprise shall fill in the "registration form for the realty service enterprise to withdraw from the project service management".

Without the approval of the owners' congress in accordance with the law, the property service enterprise is dismissed in advance, and the owners' committee and its members shall not make a decision to dismiss the property service enterprise without authorization.

(III) During the realty service period, if the realty service enterprise requests to terminate the realty service contract in advance, it shall inform the owners' committee of the reasons for the termination and the exit time in writing 90 days before the proposed termination of the realty service contract, negotiate related matters, and make a written announcement in the realty management area15th.

The realty service enterprise shall submit the reasons for termination and the withdrawal time in writing to the local property administrative department and the neighborhood office (township people's government) where the project is located for the record, fill in the registration form for the realty service enterprise to withdraw from the project service management, and inform the community residents committee in writing. The owners' committee shall start the procedure of selecting and appointing realty service enterprises.

(4) If one party disputes the early termination of the realty service contract, both parties shall settle it through consultation according to the stipulations of the realty service contract. If negotiation fails, you can apply for mediation to the subdistrict office (township people's government) and the property department where the property project is located, or bring a lawsuit directly to the people's court, or apply for arbitration according to the contract.

Article 9 Before the termination or rescission of the preliminary realty service contract or the expiration of the realty service contract, the realty service enterprise shall continue to provide realty service in accordance with the contract, and actively assist the construction unit or the owners' meeting to do a good job in realty project management. The owner shall pay the property management service fee on time until the date of termination or rescission of the contract.

Article 10 Before the termination or rescission of the preliminary realty service contract or the expiration of the realty service contract, the realty service enterprise shall, according to the opinions of the owners, return the balance of prepaid realty service fees and other related fees to the owners or hand them over to the next realty service enterprise; The original unpaid property service fees, the owners shall, in accordance with the provisions of the property service contract, timely repay.

Article 11 The original realty service enterprise shall, in accordance with the Administrative Measures for Acceptance of Property Projects in Zhejiang Province (for Trial Implementation), handle the handover and acceptance procedures of the property project with the entrusting party of the realty service contract and the newly entrusted realty service enterprise 30 days before the handover of the property project management, and hand over the * * * used parts, * * used facilities and equipment, related sites and realty service premises of the property, and provide the information specified in Articles 9 and 10 of the Administrative Measures.

Article 12 When a newly entrusted realty service enterprise takes over the property, it shall, in accordance with the provisions of the Measures for the Administration of Acceptance of Property Projects in Zhejiang Province (Trial), check and accept the * * * parts, * * * facilities and property service places of the property together with the client of the realty service contract and the original realty service enterprise.

Property inspection records should be made during inspection. The inspection record shall include the name of the inspection item, inspection time, inspection content, inspection conclusion and existing problems, and shall be signed by the inspectors. The problems found in the inspection shall be recorded in detail, and both parties shall specify the methods to solve the problems in writing.

Upon inspection, those who meet the requirements shall go through the relevant handover procedures within 7 days, and the original property service enterprise and the entrusting party of the property service contract and its newly entrusted property service enterprise shall sign the Property Service Management Handover and Acceptance Agreement.

Thirteenth after the termination of the rights and obligations of the realty service contract, the original realty service enterprise shall not refuse to handle the handover procedures on the grounds that the owner has not paid the realty service fee. If the original property service enterprise refuses to withdraw from the property management area, the owner may refuse to pay the property service fee after the rights and obligations of the property service contract are terminated; The newly entrusted realty service enterprise and the client of the realty service contract shall require the original realty service enterprise to withdraw from the realty service area through judicial channels and handle the handover procedures.

Article 14 Upon the expiration of the realty service contract, if the owners' general assembly fails to select a new realty service enterprise in time according to law, and has not made a decision on autonomous management, it shall do a good job of convergence according to the following procedures:

(a) 30 days before the expiration of the realty service contract, the owners' meeting did not explicitly renew or hire a new realty service enterprise, and did not make a decision on autonomous management. The original realty service enterprise shall report to the property administrative department and the subdistrict office (Township People's Government) where the realty project is located.

(II) The property administrative department shall, within 7 days after receiving the report from the property service enterprise, listen to the opinions of the owners, the owners' committee and the property service enterprise at the location of the property project in conjunction with the sub-district offices (township people's governments) and community neighborhood committees, and continue to do a good job in property service.

(III) The property administrative department shall, jointly with the subdistrict offices (township people's governments), actively assist the owners' congress to select new property service enterprises according to law, and actively provide relevant information to help them do a good job in selecting property service enterprises, and guide the owners' congress to sign property service contracts with newly selected property service enterprises.

(IV) To refuse to hire a new property service enterprise, the property administrative department shall, jointly with the subdistrict office (township people's government), submit the relevant information in writing to the people's government of the county (city, district) where the property project is located. According to "Zhejiang Property Management Regulations" and other relevant regulations, timely formulate management plans, and organize community neighborhood committees, sanitation, gardening, power supply, water supply and other departments to provide basic services such as equipment and facilities operation, garbage cleaning, greening and maintenance. The expenses incurred shall be paid by the owners, and the owners' committee shall be responsible for collecting them.

Article 15 If a realty service enterprise fails to perform the contract, withdraw according to the prescribed procedures or handle the withdrawal of the realty project for the record, it shall be recorded in the enterprise credit file and announced to the public as a record of bad behavior, and its qualification may be reduced or cancelled according to the Measures for the Administration of Qualification of Property Management Enterprises (Order No.2004). Ministry of Construction 164) and other relevant regulations.

Article 16 Where a realty service enterprise withdraws from the project service management due to the small property scale, the local county (city, district) realty administrative department shall proceed from reality and actively create conditions to promote the integration of adjacent projects based on the principles of scale operation, convenient management, cost reduction and service quality improvement.

Seventeenth districts of the city and county real estate departments can be based on these measures combined with local conditions, formulate specific implementation rules.

Article 18 These Measures shall come into force as of the date of promulgation.