Full text of detailed rules for the implementation of Gansu property management regulations

Property service enterprises shall have independent legal personality. The following is the detailed content of "Detailed Rules for the Implementation of Property Management Regulations in Gansu Province" that I collected in the college entrance examination, hoping to help everyone!

first

According to the State Council's "Property Management Regulations" and relevant laws and regulations, combined with the actual situation in our province, these rules are formulated.

second

These Measures shall apply to the property management activities within the administrative area of this province.

Property management should be implemented in newly built residential areas and existing residential areas with relatively complete supporting facilities.

The original residential area with incomplete supporting facilities shall be funded by the relevant departments of the people's government of the city where it is located and the units selling public housing, organize rectification, create conditions, and gradually implement property management.

Property management should be implemented in buildings, industrial areas and other properties with relatively complete supporting facilities.

essay

Provincial construction administrative departments are responsible for the unified supervision and management of property management activities in the province, and real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

Other relevant administrative departments shall, within the scope of their respective duties, do a good job in relevant supervision and management.

Article 4

The local people's governments at or above the county level shall support the development of the property management industry, and the property service enterprises shall enjoy preferential policies in accordance with the relevant provisions of the state.

Article 5

The realty service enterprise shall have the qualification of an independent legal person, apply for the qualification certificate to the qualification management department of the realty enterprise within 30 days after obtaining the business license, and engage in realty management activities according to the qualification grade.

Article 6

Property management practitioners shall obtain qualification certificates in accordance with the relevant provisions of the state.

Article 7

The division of property management areas should fully consider facilities and equipment, building scale, community construction and other factors, and follow the principles of facilitating life and work, facilitating community construction and management, reducing management costs and improving service levels.

Article 8

Under any of the following circumstances, the municipal, district and county real estate administrative departments where the property is located can determine it as 1 property management area, and 1 property service enterprises will implement property management:

(a) Belonging to an independent closed community;

(two) in the same block or adjacent lots;

(three) can enjoy supporting facilities and equipment;

(four) commercial, office, hospitals, schools, factories, warehouses and other non-residential properties and single commercial and residential buildings have independent facilities and equipment, and can be closed management;

(five) other can be transformed into a property management area.

According to the preceding paragraph (two), (three) and (five) to determine the property management area, the construction scale is generally not less than 30 thousand square meters.

After the division of property management areas, the county-level real estate administrative department shall make an announcement in the property management area.

Article 9

The county-level real estate administrative department where the property is located shall establish regional archives of property management. The file shall contain the following items:

(a) the scope, area and construction area of the property management area;

(2) * * * facilities and equipment;

(three) the construction unit, property unit;

(four) the total number of owners, population and the proportion of property rights;

(five) the name and management time of the realty service enterprise. Where the realty service enterprise changes, the owners' committee shall timely file with the county-level real estate administrative department where the property is located.

Article 10

All owners in the property management area form the owners' meeting and carry out activities in accordance with the relevant provisions of the state.

If the number of owners exceeds 50 (inclusive) but less than 100, the owners' meeting shall be composed of all owners; If the number of owners is less than 50, and it is decided not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee.

If the number of owners is above 100 (inclusive), owners' representatives may be elected to attend the owners' meeting according to the building, unit and floor, and the number of owners' representatives shall generally not be less than 30.

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 * * * and * * management authority.

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 owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of these Measures, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these Measures shall be decided 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 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

In a property management area, the construction area that has been delivered to the owners has reached more than 50%, or reached more than 30% and less than 50%, but the first residential unit has been sold and actually delivered for two years, the first owners' meeting shall be held.

In accordance with the provisions of the preceding paragraph, the construction unit shall make a written declaration to the county-level real estate administrative department, and provide the owner list, property construction area, property sale and delivery time and other documents; If the construction unit fails to report in writing in time, the owner may submit a written request for the establishment of the owners' meeting to the county-level real estate administrative department.

Article 14

The preparatory group for the first owners' meeting is composed of owners' representatives and construction units (including public housing sales units) under the guidance of the county-level real estate administrative departments and sub-district offices (township people's governments) where the property is located.

County real estate administrative departments shall, within 05 days from the date of the establishment of the preparatory group for the first owners' meeting, make an announcement in written form within the property management area.

Article 15

The owners' congress determines the number of owners' voting rights, and can determine the exclusive part area and the total construction area according to the following methods:

(a) the area of the exclusive part is calculated according to the area recorded in the real estate register; Not yet registered, temporarily calculated according to the measured area of surveying and mapping institutions; Not yet measured, temporarily calculated according to the area recorded in the housing sales contract;

(2) The total construction area is calculated according to the statistical sum mentioned in the preceding paragraph.

Article 16

The owners' congress determines the number of owners' voting rights, and can determine the number of owners and the total number in the following ways:

(a) the number of owners, according to the number of proprietary parts, a proprietary part is calculated by one person. However, if the same buyer owns more than one exclusive part of the part that has not been sold by the construction unit and has been sold but not delivered, it shall be counted as one person;

(2) The total number of people is calculated according to the statistical sum mentioned in the preceding paragraph.

Article 17

After the convening time of the owners' meeting is announced in accordance with the regulations, if the owners are unable to attend for some reason, they may entrust an agent to attend in writing; If the owner's representative is unable to attend for some reason, the owner he represents may re-elect 1 owner's representative to attend; Those who do not entrust others in writing and elect other owners' representatives to participate shall be deemed to have abstained, but they must obey the decision of the owners' meeting.

Article 18

The members of the owners' committee shall be an odd number of 5 or more, and the specific number shall be decided by the owners' congress. The decisions made by the owners' committee according to the responsibilities entrusted by the owners' congress are binding on the owners and users.

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

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

The owners' committee shall not engage in business activities, and its members shall not serve in the property enterprises that provide management services for the property management area.

Article 19

The owners' committee shall, within 30 days from the date of election, submit the decision of the meeting of the owners' congress, the rules of procedure of the owners' congress, the management statute and the list of owners' committees to the county-level real estate administrative departments, sub-district offices and township people's governments where the property is located for the record.

The term and change of the owners' committee shall be decided by the owners' congress.

Article 20

The funds for the first owners' meeting shall be borne by the construction unit or the original property right unit. If there is no construction unit or original property right unit, it shall be borne by all owners.

The funds for the work of the owners' congress and the owners' committee shall be borne by all owners; The raising, management and use of funds shall be stipulated in the rules of procedure of the owners' congress.

The use of the working funds of the owners' congress and the owners' committee shall be published in written form within the property management area every six months, subject to the supervision and inquiry of the owners.

Article 21

Within the residential property management area, before the owners and the owners' congress select and employ property service enterprises, the construction unit shall select and employ property service enterprises with corresponding qualifications through bidding in accordance with the relevant provisions of the state for preliminary property management, and shall not carry out housing sales (pre-sale) activities without bidding for property management in accordance with the provisions.

If there are less than three bidders or the construction area is less than 30,000 square meters (including the non-residential construction area in the same construction project), with the approval of the county-level real estate administrative department where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement.

Article 22

After the completion of the construction project, the construction unit shall organize the comprehensive acceptance of the project according to the regulations. Phased construction projects, its supporting facilities meet the functional requirements, and can be delivered only after passing the phased acceptance. Without acceptance or unqualified acceptance, the construction unit shall not be delivered for use, and the property right management department shall not go through the formalities of property right registration.

The construction unit shall, within 0/5 days from the date of acceptance, report the comprehensive acceptance report of the construction project to the municipal and county real estate administrative departments for the record.

Article 23

The construction unit or the prophase realty service enterprise shall, after the owners' meeting selects the realty service enterprise, and under the supervision of the owners' committee, handle the handover and acceptance procedures of the realty management materials, facilities and equipment, the realty parts and other matters that should be managed.

Article 24

Before the sale (pre-sale) of commercial housing, the construction unit shall formulate a temporary management statute with reference to the model text formulated by the Ministry of Construction, and sign a preliminary realty service contract with the selected realty service enterprise as an annex to the house sales contract. The housing sales contract shall include the contents agreed in the previous realty service contract.

Article 25

When planning and designing new residential quarters, the property management space shall be determined at a ratio of not less than 2 ‰-3 ‰ of the total construction area of residential development and construction. But the minimum should not be less than 40 square meters. Property management rooms should be higher than the ground, and equipped with service halls, office rooms, bathrooms, warehouses and other facilities.

Article 26

The construction unit shall not transfer the ownership and use right of this part of the property separately.

No unit or individual may occupy the * * * part of the property management area.

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

Article 27

The motor vehicle parking lot (garage) in the property management area shall be given priority for the owners and users in the property management area. Parking spaces shall not be transferred to units or individuals outside the property management area; If the parking space remains after meeting the needs of the owners, it may be temporarily provided to units and individuals outside the property management area with the consent of the owners' committee. The proceeds shall be used in accordance with the provisions of the preceding article.

Article 28

The property management service charges of ordinary commodity residential quarters shall be subject to government-guided prices and grade management, and the grade standard, benchmark price and floating range of property services shall be formulated by the provincial administrative department of price and construction.

Property management service charges outside ordinary commodity residential areas shall be subject to market-regulated prices.

Property management fees are charged on a monthly basis, and can also be charged quarterly with the consent of the owners.

Article 29

The vacant property that the construction unit has not sold and is not occupied by the owner shall pay the property management fee. The payment ratio is 70% of the charging standard, but the burden of other owners shall not be increased.

Article 30

Property service fees are mainly used for the following matters:

(1) Managing the salaries, social insurance premiums and welfare expenses of service personnel;

(two) the daily operation and maintenance costs of the * * * part of the property and the * * * facilities and equipment;

(three) the cost of cleaning the property management area;

(four) the cost of greening and maintenance in the property management area;

(5) Maintenance fee for regional order of property management;

(6) office expenses;

(seven) depreciation of fixed assets of property service enterprises;

(eight) other matters stipulated in the realty service contract.

Article 31

Property management area, water supply, power supply, heating, gas, communications and other units should be charged by households, the losses arising from the service process shall be borne by the supply unit:

(a) the exclusive part of the owner takes a single owner as the final user;

(2) Some owners * * * regard * * owners as end users.

Article 32

Proprietary property that is harmful or may be harmful to public safety, public interests and the legitimate rights and interests of others shall be repaired by the owner in time. If it has not been repaired after being notified by the owners' committee or the realty service enterprise, it shall be repaired by the realty service enterprise with the consent of the owners' committee. The expenses are borne by everyone.

* * * If the property part is harmful or may endanger the safety, interests and legitimate rights and interests of others, the property service enterprise shall carry out maintenance with the consent of the owners' committee, and the maintenance expenses shall be borne by the owners who use the property part.

Property must be maintained, the owners or property services companies are not maintained, and the county-level real estate administrative departments shall supervise the implementation.

Article 33

The construction unit shall complete the bidding for the pre-property services within the following 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.

City, county and district real estate administrative departments shall be responsible for the supervision and management of bidding activities for property services within their respective administrative areas.

After the preliminary realty service enterprise is hired, the construction unit shall sign a written preliminary realty service contract with the realty service enterprise. The contents of the contract shall include the basic information of the property, the specific contents, standards and fees of the management service, the rights and obligations of both parties, the contract term, the liability for breach of contract, etc.

Article 34

Owners who change their houses into business houses shall not only abide by the provisions of laws, regulations and management regulations, but also obtain the written consent of interested owners, and shall not affect the use and maintenance of public spaces in the property management area.

Article 35

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.

Article 36

Water supply and drainage, power supply, gas supply, heating and other business units shall be responsible for the maintenance, conservation and renewal of related facilities and equipment in the property management area (except those added by the owners themselves) in accordance with the following provisions:

(a) the owner's terminal metering water meter and other water supply facilities and equipment;

(two) the owner's terminal metering meters and other power supply facilities and equipment (centralized meters, outdoor power supply facilities and equipment for users);

(3) Gas facilities and equipment other than the owner's gas appliances and hoses connecting gas appliances;

(four) the owner's outdoor household valves and other heating facilities and equipment;

(5) Drainage wells and outdoor drainage facilities and equipment outside the Owner's building.

Article 37

The owner or user of the house shall not change the overall design function of the house and the use function of public facilities without authorization. If it is really necessary to change, it shall conform to the planning and design requirements and structural safety standards, and obtain the written consent of the adjacent owners, users and owners' committees.

The owner or user shall not have the following acts:

(a) damage the load-bearing structure of the house, damage the appearance of the house, and change the use of the house without authorization;

(two) illegal chisel, demolition, occupation, etc. Internal and external load-bearing walls, beams, columns, floors, balconies, roofs, etc. Of a house;

(3) storing inflammable, explosive, toxic and radioactive dangerous articles that do not meet the safety standards and articles that exceed the loading capacity;

(four) the use of housing to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others.

Article 38

Where a realty service enterprise requests to terminate the realty contract in advance, it shall notify the owners' committee two months in advance, and do all the handover work well in accordance with the regulations and bear corresponding responsibilities.

If the owners' congress decides to dismiss the realty service enterprise, the owners' committee shall notify the realty service enterprise 60 days in advance.

After the owners' congress decides to hire a new realty service enterprise, if the original realty service enterprise refuses to quit or fails to hand over the realty management house and related materials in accordance with the provisions, the real estate administrative department shall order it to quit or hand over within a time limit; Those who refuse to quit or hand over within the time limit will be fined 1 10,000 yuan but not more than 30,000 yuan, and the qualification level will not be approved when it is approved.

Article 39

Owners, users or other units and individuals who violate the provisions of Article 37 of these Measures shall be ordered by the real estate administrative departments at or above the county level to make corrections within a time limit and restore to the original state, and may be fined 1000 yuan to 30,000 yuan according to the seriousness of the case. If losses are caused to others, compensation shall be made.

Article 40

Property service enterprises, owners and users who violate these measures shall be punished in accordance with the Regulations of the State Council Municipality on Property Management and relevant laws and regulations.

Article 41

If the real estate administrative department and its staff fail to perform their duties according to the regulations, which seriously affects the property management in this administrative area, the directly responsible person in charge and the relevant responsible personnel shall be investigated according to law; Dereliction of duty, abuse of power and favoritism constitute a crime, and criminal responsibility shall be investigated according to law.

Article 42

The meanings of the following terms in these Measures:

* * * Site refers to the main load-bearing structure of the residence (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc.

* * * Facilities and equipment refer to water pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, boilers, heating lines, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating garages, public cultural and sports facilities, etc.

Article 43

These Measures shall come into force as of May 6, 2006.