Relevant provisions of the state property management law

Chapter I General Provisions

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises and improve the people.

Living and working environment, the enactment of this ordinance.

Article 2 The term "property management" as mentioned in these Regulations refers to the behavior of owners and property management companies in hiring property management companies.

Industry in accordance with the property services contract, the housing and supporting facilities and related sites for maintenance, conservation, management and maintenance.

Activities to protect environmental sanitation and order in relevant areas.

Article 3 The State encourages owners to choose property management enterprises through an open, fair and just market competition mechanism.

Article 4 The State encourages the adoption of new technologies and methods in property management, and relies on scientific and technological progress to improve the management and service level.

Fifth the State Council construction administrative departments 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.

Work.

Chapter II Owners and Owners' Congress

Article 6 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management 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 owners' convention 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 property management enterprises to perform the property 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 of special maintenance funds for * * * parts and facilities of the property (hereinafter referred to as special maintenance funds).

Management and use;

(ten) other rights stipulated by laws and regulations.

Seventh owners in the property management activities, fulfill the following obligations:

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

(2) Abide by the use of * * * parts and * * * facilities and equipment, public order and environmental sanitation in the property management area.

Rules and regulations maintained;

(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.

Eighth property management area of all owners of 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.

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. tool

Measures shall be formulated by provinces, autonomous regions and municipalities directly under the central government.

Tenth owners in the same property management area shall be real estate developers in the district or county people's governments where the property is located.

Under the guidance of the administrative department, the owners' meeting was established and the owners' committee was elected. However, there is only one owner, or

Owners number is small and agreed by all owners, decided not to set up the owners' meeting, by the owner * * * to perform the owners' meeting,

Responsibilities of the owners' committee.

The voting right of the owners at the first meeting of the owners' congress depends on the building area of the property owned by the owners and the number of residential units.

Of course. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Eleventh owners' congress shall perform the following duties:

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

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) to formulate and modify the use of * * * parts and * * * facilities, public order and environment in the property management area.

Rules and regulations for maintaining environmental sanitation;

(six) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Twelfth owners' meeting can be in the form of collective discussion, but also in the form of written comments;

However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

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

The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The owners' meeting made and

Modify the owners' convention and the rules of procedure of the owners' congress, select and dismiss property management companies, use special maintenance funds and continue to raise funds.

The decision of the case must be passed by more than two-thirds of the voting rights held by all owners in the property management area.

The decision of the owners' meeting is binding on all owners in the property management area.

Thirteenth owners' meeting is 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. At the proposal of more than 20% of the owners,

The owners' committee shall organize an interim meeting of the owners' congress.

Article 14 A meeting of the owners' congress shall be held, and all owners shall be notified before the meeting 15.

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.

Fifteenth owners' committee is the executive body of the owners' congress, and performs 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 property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of owners and property users, supervise and assist property management companies to perform property services.

Service contract;

(four) to supervise the implementation of the owners' convention;

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

Article 16 The owners' committee shall report to the district or county people's government where the property is located within 30 days from the date of election.

Government real estate administrative departments for the record.

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.

Seventeenth owners' convention should involve the use, maintenance and management of property, and the owners should

The obligations that should be performed and the responsibilities that should be borne in violation of the Convention shall be agreed upon according to law.

The owners' convention is binding on all owners.

Eighteenth rules of procedure of the owners' congress shall determine the way of discussion, voting procedures and voting rights of the owners' congress.

Measures, the composition of the owners' committee and the term of office of the members.

Nineteenth owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions unrelated to property management.

, shall not engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, it shall be decided by the district or county people's government where the property is located.

The real estate administrative department shall order it to correct or cancel its decision within a time limit and notify all the owners.

Twentieth owners' congress and owners' committee shall cooperate with the work of public security organs and residents' committees.

Do a good job in social security maintenance and other related work 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 duties according to law.

Management responsibilities, support the work of residents' committees, 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.

Adopt the suggestions of the residents' committee.

Chapter III Early Property Management

Twenty-first in the owners' congress, the owners' congress before hiring property management companies, the construction unit hiring property management companies.

, shall sign a written contract for the prophase realty service.

Twenty-second construction units shall formulate a temporary convention for owners before property sales, and the relevant property users,

Maintenance and management, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention.

Reach an agreement.

The temporary owners' convention formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Article 23 The construction unit shall announce the temporary owners' convention to the property buyer before the property is sold, and indicate it.

Ming.

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

number

Article 24 The State encourages construction units to separate real estate development from property management through bidding.

Ways of selecting and hiring property management enterprises with corresponding qualifications.

The construction unit of residential property shall select a property management enterprise with corresponding qualifications through bidding; offer a price

If there are less than 3 people or the residential scale is small, it shall be approved by the real estate administrative department of the district or county people's government where the property is located.

Yes, you can hire a qualified property management company through the agreement.

Article 25 The sales contract signed between the construction unit and the property buyer shall include the prophase property service contract.

Content.

Twenty-sixth prophase realty service contract may stipulate the time limit; However, before the deadline, the owners' committee and property management

The realty service contract signed by the management enterprise takes effect, and the previous realty service contract is terminated.

Twenty-seventh owners of the property parts, facilities and equipment shall enjoy the ownership or use right.

The unit shall not deal with it without authorization.

Twenty-eighth property management companies to undertake the property, it should be * * * parts of the property, * * facilities and equipment investigation.

Testing.

Twenty-ninth in the property acceptance procedures, the construction unit shall hand over the following information to the property management enterprise.

Materials:

(a) the completion of the general plan, the completion of single buildings, structures and equipment, and the completion of supporting facilities and underground pipe network projects.

Such as 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 management enterprise shall hand over the above information to the owners' committee.

Thirtieth the construction unit shall, in accordance with the provisions, configure the necessary property management space in the property management area.

Article 31 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state.

Ren.

Chapter IV Property Management Services

Thirty-second enterprises engaged in property management activities should 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 municipal construction in the State Council.

Door formula.

Thirty-third personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

Thirty-fourth a property management area by a property management enterprise to implement property management.

Article 35 The owners' committee shall sign a written property service agreement with the property management enterprise selected by the owners' congress.

Same.

Property service contracts shall include property management matters, service quality, service fees, rights and obligations of both parties, special maintenance, etc.

Management and use of funds, real estate management, contract term, liability for breach of contract, etc.

Thirty-sixth property management companies should provide corresponding services in accordance with the provisions of the property service contract.

If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall

When you bear the corresponding legal responsibilities according to law.

Thirty-seventh property management companies to undertake the property, it 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 property management enterprise.

Article 38 The ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property management enterprise

Shall not change the use of property management houses.

Thirty-ninth when the property service contract is terminated, the property management enterprise shall use the property management premises specified in Article 20 of these regulations.

The materials specified in the first paragraph of Article 9 shall be returned to the owners' committee.

When the realty service contract is terminated, if the owners' meeting selects a new realty management enterprise, it shall be conducted among realty management enterprises.

Do a good job of handover.

Fortieth property management enterprises can entrust special services within the property management area to professional service enterprises.

Industry, but not the property management of this community should be entrusted to others.

Forty-first property service charges should follow the principles of rationality, openness and the adaptation of charging standards to service levels.

According to the nature and characteristics of different properties, the owners and the property management enterprises shall jointly build according to the provisions of the competent price department of the State Council.

Measures for charging property services formulated by administrative departments shall be stipulated in the property service contract.

Forty-second owners should pay the property service fee in accordance with the provisions of the property service contract. Owners and property users

If it is agreed that the user of the property will pay the property service fee, the owner shall bear joint and several liability.

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

Forty-third people's governments at or above the county level price departments in conjunction with the real estate administrative departments at the same level, should strengthen

Supervision of property service charges.

Forty-fourth property management companies can provide services other than those stipulated in the property service contract according to the entrustment of the owners.

The purpose and service remuneration shall be agreed by both parties.

Forty-fifth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should be

Charge related fees to end users.

If a property management 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.

Forty-sixth acts in violation of public security, environmental protection, property decoration and use laws in the property management area.

Acts prescribed by laws and regulations, property management enterprises should be stopped, and timely report to the relevant administrative departments.

After receiving the report of the property management enterprise, the relevant administrative departments shall stop the illegal acts in accordance with the law or in accordance with the provisions.

Method processing.

Forty-seventh property management companies should assist in the safety work within the property management area. Something safe happened.

Therefore, when taking emergency measures, property management enterprises should report to the relevant administrative departments in time to assist them in their work.

Rescue work.

Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel are maintaining the property management area.

In terms of public order, they should perform their duties and must not infringe upon the legitimate rights and interests of citizens.

Forty-eighth property users in the property management activities of the rights and obligations agreed by the owners and property users, but not

Violation of laws, regulations and relevant provisions of the owners' convention.

Property users who violate these regulations and the provisions of the owners' convention shall be jointly and severally liable.

Forty-ninth real estate administrative departments of local people's governments at or above the county level shall promptly deal with owners and owners' members.

Will, property users and property management companies in the property management activities of complaints.

Chapter V Use and Maintenance of Property

Fiftieth public buildings and facilities built according to the plan in the property management area shall not be changed.

If the owners really need to change the use of public buildings and facilities according to law, they shall inform the property management after going through the relevant formalities according to law.

Manage enterprises; If a property management enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and decision.

After the intention, the owner shall go through the relevant formalities according to law.

Fifty-first owners and property management companies shall not occupy or dig roads and sites within the property management area without authorization.

Damaged the interests of the owners.

If it is really necessary for the owners to temporarily occupy or dig roads and sites for the maintenance of property or public interests, they shall obtain the consent of the owners' members.

Will agree with the opinions of property management companies; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners.

The Committee's consent.

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

Fifty-second water supply, power supply, gas supply, heating, communications, cable television and other units shall undertake property management according to law.

Responsible for the maintenance of relevant pipelines, facilities and equipment in the area.

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

Shape.

Fifty-third owners need to decorate the house, it should inform the property management enterprise in advance.

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

Article 54 Residential property refers to the non-residential property or residential area with non-residential structure connected with a single residential building.

Owners shall pay special maintenance funds in accordance with relevant state regulations.

The special maintenance fund belongs to the owner and is used for the maintenance of the parts, facilities and equipment of the property after the warranty period expires.

Maintenance, renewal and transformation 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.

Formulate.

Fifty-fifth the use of property * * * with parts, * * with facilities and equipment for business, should be in the consent of the relevant owners, industry.

With the consent of the owners' congress and the property management enterprise, the relevant procedures shall be handled in accordance with the provisions. The owner's income should be mainly used to supplement.

Special maintenance funds can also be used in accordance with the decision of the owners' congress.

Fifty-sixth property security risks, endangering public interests and the legitimate rights and interests of others, the responsible person shall timely maintenance.

During maintenance, the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property management enterprise with the consent of the owners' meeting.

Be borne by the responsible person.

Chapter VI Legal Liability

Fifty-seventh in violation of the provisions of this Ordinance, the construction unit of residential property has not selected property management personnel through bidding.

The local people's governments at or above the county level shall, without approval, employ property management enterprises by agreement.

The real estate administrative department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of 6,543,800 yuan.

Fifty-eighth in violation of the provisions of this Ordinance, the construction unit unauthorized disposal of the owner's property * * * parts and * * facilities.

The ownership or use right of equipment is more than 50,000 yuan, which shall be determined by the real estate administrative department of the local people's government at or above the county level.

A fine of not more than 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Fifty-ninth in violation of the provisions of this Ordinance, not to hand over the relevant information, by the local people's governments at or above the county level real estate.

The administrative department shall order it to make corrections within a time limit; If the relevant materials are not handed over within the time limit, the construction unit and the property management enterprise shall be informed.

Report, a fine of 6,543,800 yuan or more and 6,543,800 yuan or less.

Sixtieth in violation of the provisions of this Ordinance, engaged in property management without obtaining the qualification certificate, by the local people's governments at or above the county level.

The government real estate administrative department shall confiscate the illegal income and impose a fine of 50,000 yuan to 200,000 yuan; Owner's reason

If losses are caused, it 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.

Qualification certificate.

Sixty-first in violation of the provisions of this Ordinance, the property management enterprise employs personnel who have not obtained the professional qualification certificate of property management.

Members engaged in property management activities shall be ordered by the real estate administrative department of the local people's government at or above the county level to stop illegal acts.

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.

Sixty-second in violation of the provisions of this Ordinance, the property management enterprise will manage all the properties in a property management area.

If they are jointly entrusted to others, the real estate administrative department of the local people's government at or above the county level shall order them to make corrections within a time limit and entrust them to others.

And impose a fine of 30% to 50% of the same price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate.

The entrusted income shall be used for the repair and maintenance of ×× second-hand parts and ×× second-hand facilities and equipment in the property management area, and the rest.

Use in accordance with the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

Sixty-third in violation of the provisions of this Ordinance, misappropriation of special maintenance funds, the premises of the local people's governments at or above the county level.

The administrative department in charge of production shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a misappropriation amount of 2.

A fine of less than one time; If the property management enterprise misappropriates special maintenance funds, if the circumstances are serious, the department that issued the qualification certificate shall suspend its qualification.

Sales 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.

Sixty-fourth in violation of the provisions of this Ordinance, the construction unit in the property management area is not in accordance with the provisions of the allocation of necessary items.

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 give it a warning.

Illegal income, and impose a fine of 6,543,800 yuan and 500,000 yuan.

Sixty-fifth in violation of the provisions of this Ordinance, without the consent of the owners' meeting, the property management enterprise arbitrarily changes the way of property management.

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

/kloc-a fine of more than 0/10,000 yuan 1 10,000 yuan; If there is any income, the income will be used for the use of the property within the property management area.

* * * The maintenance and conservation of facilities and equipment shall be carried out according to the decision of the owners' meeting.

Sixty-sixth in violation of the provisions of this Ordinance, one of the following acts, by the local people's governments at or above the county level real estate

The administrative department shall order it to make corrections within a time limit, give it a warning and impose a fine in accordance with the provisions of the second paragraph of this article; Income, and

In the property management area, * * * parts and * * * facilities and equipment shall be maintained, and the rest shall be decided by the owners' meeting.

Fixed purpose:

(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; This unit has the circuit specified in the previous paragraph.

As one of them, a fine of 50,000 yuan to 200,000 yuan shall be imposed.

Sixty-seventh in violation of the property service contract, the owner fails to pay the property service fee, the owners' committee shall

When urging them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Sixty-eighth owners in the name of the owners' congress or the owners' committee, engaged in violation of laws, regulations, structure.

If the case constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.

Sixty-ninth in violation of the provisions of this Ordinance, by the the State Council municipal construction administrative departments, local people's governments at or above the county level.

The staff of the real estate administrative department or other relevant administrative departments take advantage of their positions to accept other people's property.

Or other interests, fails to perform the duties of supervision and management according to law, or fails to investigate and deal with illegal acts according to law, which constitutes a crime, shall be dealt with according to law.

Investigate criminal responsibility; If it does not constitute a crime, it shall be given administrative sanctions according to law.