Chapter III Regulations of Yinchuan Municipality on Property Management of Property Service Enterprises

Enterprises engaged in property service activities shall have the qualification of independent legal person and obtain the corresponding qualification of property service enterprises.

Personnel engaged in property services shall obtain professional qualification certificates in accordance with relevant state regulations. Property service enterprises shall enjoy the following rights:

(a) to provide professional property services in accordance with the technical standards, industry norms and property service contracts of property management;

(2) collecting property service fees or property service fees;

(3) Selecting professional service enterprises to undertake special business services;

(four) to stop the violation of the management statute and property management rules and regulations in the property management area;

(five) enjoy the autonomy of operation and carry out business activities in accordance with the scope of business;

(six) other rights stipulated by laws and regulations. The realty service enterprise shall perform the following obligations:

(a) to perform the realty service contract and provide realty service;

(two) accept the supervision of the owners, owners' congress and owners' committee;

(3) Publicizing the charging items and standards agreed in the realty service contract, and the charging items and standards for providing special services to the owners in the realty management area;

(four) to report the performance of the property service contract to the owners' congress and the owners' committee;

(five) accept the supervision and management of the real estate administrative department where the property is located;

(six) to assist the relevant departments to stop illegal acts and maintain public order and public safety in the property management area;

(seven) to safeguard the legitimate rights and interests of the owners in the property service activities;

(eight) other obligations stipulated by laws and regulations. Property construction units or sales units shall, in accordance with the relevant provisions, hire property service enterprises to conduct preliminary property management.

If the construction unit selects a realty service enterprise to conduct preliminary realty management, it shall sign a written preliminary realty service contract. The preliminary realty service can be agreed, but if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the agreed time limit, the preliminary realty service contract will be terminated.

The construction unit shall, within 05 days after the signing of the preliminary property service contract, file with the real estate administrative department where the property is located. Encourage construction units to choose 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 there are less than three bidders or the residential scale is less than 20,000 square meters, with the consent of the real estate administrative department where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement.

Specific measures for the administration of property management bidding shall be formulated separately by Yinchuan Municipal People's Government.

If a realty service enterprise is selected through bidding, the tenderer shall complete the realty management bidding within the following prescribed time limit:

(a) new commercial housing projects should be completed 30 days before the sale;

(two) the pre-sale of commercial housing projects should be completed before obtaining the "pre-sale permit for commercial housing";

(three) new property projects that are not for sale shall be completed 90 days before delivery. The construction unit shall formulate a temporary management statute before the sale of 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 management statute.

The temporary management statute shall be an annex to the property sales contract and reported to the real estate administrative department where the property is located for the record. The municipal real estate administrative department shall make a model text of the management statute.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers. The construction unit shall, before the sale of the property, express the contents of the temporary management agreement and the preliminary property service contract to the property buyer and explain them.

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.

The property sales contract signed by the construction unit and the property buyer shall include the service content, service standard, charging standard, charging start time and charging method agreed in the previous property service contract, and the agreements involving the interests of the property buyer shall be consistent. Before the property is delivered for use, the preliminary property service fee shall be borne by the construction unit; From the date of delivery of the property to the date of termination of the previous property service contract, the property service fee shall be borne by the construction unit and the property buyer according to the agreement in the property sales contract, and the construction unit shall bear joint liability if it is agreed to be paid by the property buyer; If there is no agreement in the property sales contract, it shall be borne by the construction unit.

The term "delivery" as mentioned in the preceding paragraph refers to the fact that the property has passed the completion acceptance, and the residential property meets the requirements of the "Regulations on the Administration of Delivery and Use of New Residential Facilities in Yinchuan", and the construction unit has served the "Notice of Delivery and Use" to the owner for 30 days. The following supporting facilities and equipment in the property management area belong to all owners:

(1) Property management rooms, guard rooms, duty rooms, non-motor vehicle garages (sheds), monitoring rooms and other facilities and equipment rooms and other public rooms serving the property management area;

(2) Overhead ground, corridor, passageway, stairwell, elevator room and ancillary space of roof and external wall for * * *;

(3) Roads other than urban public roads, urban public green spaces or other green spaces owned by individuals according to law, and non-operating cultural and sports facilities within the property management area;

(four) the supporting facilities, equipment and related sites that the construction unit promises to be owned by all owners in the form of property sales contracts or other written forms;

(five) other facilities and equipment owned by all owners according to law. The owner shall not dispose of the ownership or use right of the property parts and facilities he enjoys according to law.

The construction unit shall stipulate the ownership or use right of supporting facilities and equipment in the property sales contract, and the ownership or use right of supporting facilities and equipment that is not agreed upon shall be owned by all owners. When undertaking the property, the realty service enterprise shall inspect the parts, facilities, equipment and related documents and files of the property, and the inspection fee shall be agreed by the realty service enterprise and the construction unit or the owners' committee in the realty service contract. If problems are found in the inspection, both parties shall confirm them in writing.

The problems found in the inspection belong to the responsibility of the construction unit and the property service enterprise, and the construction unit and the property service enterprise shall bear corresponding responsibilities; Belonging to part or all of the owners' responsibilities, the owners shall bear corresponding responsibilities according to their share of the property construction area. When handling the property acceptance formalities, the construction unit shall hand over the facilities and equipment used by the property and the following materials 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.

The realty service enterprise shall, within 7 days after the termination of the preliminary realty service contract, hand over the * * * used parts, * * used facilities and equipment and the above information to the construction unit or the owners' committee. The construction unit must, within 30 days after the establishment of the first owners' meeting, provide property management houses to the owners in accordance with the following standards:

(1) If the total planned residential construction area is less than 50,000 square meters, it shall be calculated at not less than 4‰ of the total construction area; Property management room area is less than150m2, provided by150m2;

(2) If the total planned residential construction area exceeds 50,000 square meters, the 50,000 square meters shall be provided at 4‰ of the total construction area, and the excess part shall be provided at not less than 2‰.

Property management rooms should generally be on the ground floor, with basic decoration and water and electricity functions, and can be directly put into use. No unit or individual may change its use without authorization. When the construction unit applies for the pre-sale permit of the house and the initial registration of the ownership of the house, it shall submit the relevant information such as the location and area of the property management house and supporting facilities. The real estate administrative department where the property is located shall register the location and area of the property management house and supporting facilities at the same time when issuing the pre-sale permit and handling the initial registration of the ownership of the house.