Full text of Suzhou Property Management Regulations (2)

Regulations of Suzhou Municipality on Property Management (full text)

Eighteenth members of the owners' committee shall be elected from the owners who meet the following conditions in the property management area:

(1) Having full capacity for civil conduct;

(two) abide by the relevant laws, regulations, rules of procedure and the management regulations of the owners' meeting, and perform the obligations of the owners in an exemplary manner;

(three) enthusiastic about public welfare undertakings, strong sense of responsibility, fairness and decency, with social credibility and organizational ability;

(4) I, my spouse and immediate family members have not worked in a property service enterprise within the property management area.

Nineteenth members of the owners' committee shall be an odd number of five to fifteen. When the residential areas developed by stages meet the conditions for the establishment of the owners' (representatives') congress, five members of the owners' committee are generally elected. If it is delivered for use in subsequent stages, it will be co-opted in accordance with the rules of procedure of the Congress until the term of the current owners' committee expires and re-elected.

The term of office of the owners' committee is decided by the owners' (representatives') congress, which is generally three to five years. Members of the owners' committee may be re-elected. The owners' committee shall elect one director and several deputy directors from among its members. The owners' committee may employ a full-time or part-time executive secretary.

If a member of the owners' committee resigns, he shall submit a written resignation to the owners' (representative) congress two months in advance.

When there is a vacancy in the members of the owners' committee, a by-election shall be held in accordance with the rules of procedure of the owners' congress. However, if the vacancy exceeds half of the members of the owners' committee, a meeting of owners (representatives) shall be held for re-election.

If the members of the owners' committee change, the owners' committee shall make an announcement in the property management area.

Twentieth in any of the following circumstances, the owners' committee decided to suspend its membership of the owners' committee:

(a) is no longer the owner of the property management area;

(2) Losing the ability to perform duties;

(three) to ask for or accept the property and remuneration of the property service enterprise or the relevant units and individuals;

(four) do not comply with the management regulations, refused to fulfill the obligations of the owners;

(five) absent from the meeting of the owners' committee for more than three consecutive times without justifiable reasons;

(6) Submitting a written resignation;

(seven) other reasons should not continue to serve as a member of the owners' committee.

If the membership is suspended, the owners' committee shall submit it to the owners' (representatives') general assembly for deliberation and decision to terminate the membership, and make an announcement in the property management area.

Twenty-first owners' committee shall, within thirty days from the date of election, submit the following materials to the real estate administrative department where the property is located for the record:

(a) the owners' committee filing application;

(two) the list of members of the owners' committee;

(three) the rules of procedure and management regulations of the general assembly;

(four) the minutes of the first meeting of the owners (representatives);

(5) Other materials that should be provided.

The owners' committee shall be responsible for the authenticity of the above submitted materials.

The real estate administrative department shall complete the filing within 15 days from the date of accepting the filing application, and send a copy to the neighborhood office (town government) where the property is located. The date of filing the election of the owners' committee is the date of establishment. The owners' committee shall apply for engraving, keeping and using the seal with the filing certificate.

When the relevant matters for the record change, the owners' committee shall promptly report to the local real estate administrative department in writing.

Twenty-second three months before the expiration of the term of office of the owners' committee, a meeting of owners (representatives) shall be held to elect a new owners' committee. After the term of office of the original owners' committee expires, the new owners' committee shall perform its duties.

One month before the expiration of the term of office of the owners' committee, if the owners' (representatives) meeting is not held to produce a new owners' committee, the neighborhood offices (town people's governments) where the property is located and the real estate administrative departments shall organize the general election. Before the new owners' committee is formed, the original owners' committee will continue to perform its duties.

Twenty-third members of the owners' committee collectively submit a written resignation, it shall assist the sub-district office (town government) and the owners to set up a preparatory group, convene a meeting of owners (representatives), and re-elect a new owners' committee.

If the owners' committee violates laws, regulations and management regulations, seriously damages the legitimate rights and interests of most owners, or affects community stability and social stability, it shall stop its activities. The local real estate administrative department shall, jointly with the subdistrict office (town government), organize a meeting of owners (representatives) to re-elect the owners' committee.

Article 24 The daily work expenses of the owners' (representatives') congress and the owners' committee shall be borne by all owners, which may be charged from the operating income of the * * * parts of the property and the * * * facilities and equipment, or shared by all owners.

The raising, management and use of funds shall be stipulated in the rules of procedure of the general assembly. The owners' committee shall regularly announce the collection and use within the property management area and accept the supervision of the owners.

Twenty-fifth owners (representatives) general assembly, the owners' committee shall cooperate with public security, urban management and other administrative departments, cooperate with community residents' committees, and do a good job in social security, environmental sanitation and other related work within the property management area.

The owners (representatives) congress and the owners' committee shall cooperate with the community residents' committee to perform their self-management duties according to law. When the owners (representatives) meeting is held, the owners' committee shall inform the community residents' committee and listen to its suggestions, and the decision made at the meeting shall be informed in writing to the community residents' committee.

Twenty-sixth property management area, can be established by the neighborhood offices (town government), community neighborhood committees, police stations, owners' committees, property services companies and other units to participate in the joint meeting system. The joint meeting shall be convened and presided over by the sub-district office (town government) to coordinate and handle major issues of property management.

Chapter III Early Property Management

Twenty-seventh new residential areas should implement early property management. Residential property construction units shall, in accordance with the Measures for the Administration of Pre-bidding for Property Management, select and employ property service enterprises with corresponding qualifications through bidding to implement pre-bidding property management, and sign a pre-bidding property service entrustment contract. The preliminary realty service entrustment contract shall be reported to the local real estate administrative department for the record.

Measures for inviting tenders for early property management shall be formulated by the municipal government.

Twenty-eighth property management areas by the local real estate administrative departments in accordance with the following provisions:

(a) new residential areas, including construction by stages or by more than two units, with supporting facilities, should be determined as a property management area according to the overall planning and design scope of residential areas;

(two) the new residential area is divided into multiple natural areas by urban roads, fences or other obvious signs, and the supporting facilities, equipment and property services are independently configured, which can be determined as multiple independent property management areas;

(3) Non-residential properties in newly-built residential areas shall be identified as a property management area together with residential areas;

(four) completed and adjacent residential areas, with the consent of more than two-thirds of the owners in their respective areas, can be merged into a property management area.

The delineation of the property management area is controversial, and the real estate administrative department shall, after listening to the opinions of the relevant owners and local street offices (town governments), determine it jointly with the competent department of city planning administration.

Twenty-ninth construction units shall formulate temporary management regulations before the pre-sale (sale) of the property. Temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers.

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.

When the management regulations deliberated and adopted by the owners (representatives) congress come into effect, the effectiveness of the temporary management regulations will be terminated.

Thirtieth new residential planning and design should arrange property services. The construction unit shall allocate not less than seven thousandths of the total construction area of the above-ground buildings as stipulated in the planning permit, and provide it free of charge. If the total area of buildings on the ground is less than 10000 square meters, the area of property service rooms shall not be less than 70 square meters.

Property service rooms should be above-ground non-residential rooms, generally arranged in the central area of residential areas or near the entrances and exits of residential areas. For properties without elevators, the floor where the property service room is located shall not be higher than three floors.

Property services should be simple decoration, with water and electricity functions. If the community is equipped with communication, cable TV, network broadband, security early warning and other facilities. , the property service room should reserve ports and have normal use functions.

Elevator shafts, pipe shafts, stairwells, garbage houses (roads), power distribution rooms, equipment rooms, public hallways, aisles, basements, garages (sheds), civil air defense works and houses with an indoor height of less than 2.2 meters are not included in the property service area.

Thirty-first property services housing ownership belongs to all owners. When the construction unit applies to the real estate administrative department for the pre-sale permit of commercial housing, it shall indicate the area and room number of the property service room; When applying for the initial registration of house ownership, the property service house ownership registration shall be handled first.

Property service area is not included in the shared public building area.

Property service houses shall not be bought, sold or mortgaged.

Chapter IV Property Services Enterprises and Property Services

Thirty-second enterprises engaged in property services should have independent legal personality, and obtain the qualification of property services enterprises according to law.

Professional managers engaged in property services shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

Article 33 A realty service enterprise shall provide realty service in accordance with relevant laws, regulations and realty service contracts.

The realty service enterprise shall provide the following basic services:

(a) to do a good job in cleaning and sanitation, garbage removal and regular cleaning services in public places within the property management area;

(two) to assist the relevant administrative departments to maintain public order in the property management area, and to do a good job in duty and patrol;

(three) the daily maintenance of public green space in the property management area;

(four) the daily maintenance of the parts, sites and facilities of the property.

The specific items and service levels of property services shall conform to the contract. If the parties have special requirements for personal and property safety, it shall be stipulated separately in the contract.

Thirty-fourth property service enterprises shall have the following acts:

(a) unauthorized changes in the use of property services and * * * parts, sites and * * * facilities and equipment;

(two) unauthorized occupation and excavation of roads or sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of property * * * with parts, sites and * * * with facilities and equipment for business;

(four) when the realty service contract is terminated, refusing to quit or not handing over the realty service premises and related property in accordance with the provisions;

(five) unauthorized withdrawal from the property management area and other acts of failing to perform the property service contract;

(six) water and electricity;

(seven) other circumstances that seriously damage the rights and interests of the owners.

Thirty-fifth prophase realty service contract is signed by the construction unit and the realty service enterprise selected by the owner; The realty service contract is signed by the owners' committee and the realty service enterprise.

Thirty-sixth after the expiration of the preliminary property contract, the owners' committee has not been established, and the construction unit will continue to entrust the management of the property service enterprise.

If the term of the preliminary realty service contract is not full, and the owners (representatives) convene a general meeting and select a realty service enterprise, the preliminary realty service contract shall be terminated as of the effective date of the realty service contract signed by the owners' committee and the realty service enterprise.

Article 37 The owners' committee shall, according to the decision of the owners' (representatives') congress, notify the realty service enterprise in writing to renew or hire the realty service enterprise three months before the expiration of the realty service contract.

Where a realty service enterprise decides not to renew the realty service contract, it shall notify the owners' committee in writing three months before the expiration of the contract, and report to the community residents' committee, subdistrict office (town government) and real estate administrative department where the property is located.

Upon the expiration of the realty service contract, if the owners (representatives) congress fails to make a change decision, the original contract will remain valid until the new realty service contract takes effect.

Article 38 If the realty service contract has not expired and the realty service enterprise fails to perform the contract, with the consent of the owners (representatives) general assembly, the owners' committee shall terminate the realty service contract in advance, and the realty service enterprise shall withdraw from the realty management area within seven days from the date of termination of the contract.

Where a realty service enterprise requests to withdraw from the realty management area due to a realty service contract dispute, it shall notify the owners' committee, the community residents' committee, the subdistrict office (town government) and the real estate administrative department in writing three months in advance, and make an announcement within the realty management area.

Thirty-ninth property service charges should follow the principles of openness, reasonableness and consistency between quality and price.

Pre-property service charges are charged according to the standards determined by bidding. After the establishment of the owners' committee, the charging standard for property services shall be determined through consultation between the owners' committee and the property service enterprise according to the decision of the owners' (representatives) general assembly.

Property service charges shall be clearly marked, and the service content, charging items, standards and charging methods shall be announced in a prominent position within the property management area. Announce the revenue and expenditure of operating facilities to the owners and non-owners who use the property community every six months or one year, and accept the supervision of the owners, owners' committees, non-owners and price administrative departments.

Without the consent of the owner and non-owner users, the property service enterprise shall not collect the property service fee for more than six months in advance, and shall not charge the deposit, security deposit and other fees for more than one year.

Fortieth, the construction unit shall separately provide water, electricity and other measuring instruments for * * * places, facilities and equipment. The realty service enterprise shall regularly publish the quantity and amount of water and electricity consumed by the * * * site, facilities and equipment, and distribute it to all owners reasonably according to the actual expenditure and the agreed charging method. Unless otherwise agreed in the realty service contract.

If the operating expenses of elevators, pumps, central air conditioners and other facilities of the property, as well as public lighting, public water and other expenses are included in the collection and payment fees, the realty service enterprise shall conduct separate accounting and share them reasonably and publicly. The specific allocation method is stipulated in the property service contract.

The owner of the elevator starting floor does not bear the elevator operation fee (except the elevator starting point is located in the basement), but should bear the maintenance and renovation costs.

Forty-first car parking spaces owned by the owners in the property management area shall be decided by the owners' committee with the consent of more than half of the owners under the guidance of the government. If the owners' committee is not established, the charging standard shall be implemented in accordance with the provisions of the price administrative department.

Public security, fire fighting, emergency rescue, ambulance, sanitation and other special vehicles are parked in the property management area, and parking fees shall not be charged.

Forty-second the use of property * * * parts, public * * * venues and * * * facilities and equipment for business, should be approved by the relevant owners, owners (representatives) of the general assembly, in accordance with the provisions of the relevant procedures. The income belongs to all owners, of which 30% is used to subsidize the property service fee and 70% is included in the special maintenance fund. Unless otherwise agreed in the realty service contract.

* * * The proceeds from the scrapping of facilities and equipment shall be used to supplement special maintenance funds or offset property service fees, and may also be used according to the decision of the owners (representatives) general assembly.

Forty-third units of power supply, water supply, gas supply, heat supply, communication, cable television and other units within the property management area shall charge relevant fees to the end users. The realty service enterprise that accepts the fees entrusted by the above-mentioned units shall not charge the owners extra fees such as handling fees.

Where a realty service enterprise accepts the entrustment to implement realty service and charges corresponding service fees, other departments and units shall not repeatedly charge the same fees with the same nature and content.