Full text of Shanghai Property Management Regulations (2)

The full text of the Regulations of Shanghai Municipality on Property Management

Chapter III Property Management Services

Thirty-second property service enterprises shall obtain corresponding qualifications in accordance with the relevant provisions of the state.

The housing administrative department shall supervise and inspect the service activities of the realty service enterprise according to law.

Thirty-third property service project manager shall obtain the corresponding qualification certificate.

The number of people in the property management area undertaken by the property service project manager and the specifications of the construction area shall be formulated by the municipal housing administrative department.

Thirty-fourth municipal housing administrative departments shall, according to the performance of the realty service contract, complaint handling and daily inspection, establish the credit files of realty service enterprises and the credit files of realty service project managers.

Thirty-fifth owners' committee shall make a selection plan before hiring a realty service enterprise. The selection scheme shall include the qualifications, management performance requirements, content and charging standards of property services, duration of the property services contract and selection methods of the property services enterprise to be selected.

After the selection scheme is voted by the owners' meeting, the owners' committee shall make an announcement in the property management area.

Article 36 Where a realty service enterprise is hired, public bidding shall be conducted through the unified bidding platform of this Municipality's realty management, except that the owners' congress decides to continue to hire the original realty service enterprise or the owners' congress decides to adopt other methods such as agreement.

The municipal housing administrative department is responsible for establishing a unified bidding platform for property management in this Municipality, and providing guidance and services for the selection of property service enterprises.

Thirty-seventh before applying for pre-sale permit, the construction unit shall refer to the model text produced by the municipal housing administrative department and formulate a temporary management agreement and a housing use manual as annexes to the housing sales contract.

The temporary management statute shall stipulate the use and maintenance management of the property, the obligations of the owner, and the responsibilities that should be borne in violation of the temporary management statute. , but shall not conflict with laws, regulations and rules, and shall not infringe upon the legitimate rights and interests of property buyers. The temporary management statute shall be reported to the district and county housing administrative departments for the record.

The instructions for the use of the house shall specify the plane layout, structure and auxiliary equipment of the house, indicate the structural schematic diagram of the load-bearing structure of the house, and shall not occupy or relocate * * * parts, * * equipment and other matters needing attention in the safe and rational use of the house.

The house sales contract signed by the construction unit and the property buyer shall include the contents agreed in the previous property service contract, as well as the layout of the construction project specified in the construction project planning permit document, and list the supporting facilities and equipment shared by all owners in the property management area in the house handover book.

The construction unit shall not transfer the ownership or use right of the property separately.

Article 38 The construction unit shall allocate complete sets of houses for property management on the ground of the property management area, in which the houses for property service enterprises shall be allocated according to two thousandths of the total construction area of houses in the property management area, but not less than 100 square meter; The building area used by the owners' committee shall not be less than 30 square meters. When the property is delivered, the property management house shall be delivered by the construction unit to the property service enterprise for escrow, and shall be handed over to the owners' meeting free of charge within 30 days after the establishment of the owners' meeting.

The planning administrative department shall, when issuing the construction project planning permit, indicate the specific parts of the property management house on the attached drawings of the permit.

The district and county housing administrative departments shall indicate the house number for property management when issuing the pre-sale permit and handling the initial registration of house ownership.

Property management houses shall not be changed without authorization, nor divided, transferred or mortgaged.

Article 39 The following supporting facilities and equipment in the property management area belong to the owner:

(1) Property management place;

(2) guard room, telephone room, monitoring room, garbage room, raised floor and corridor;

(three) according to the plan to build a non-motor vehicle garage in the property management area;

(four) the * * in the property management area has greening, roads and venues;

(five) the property that the construction unit promises to be owned by all owners in the form of house sales contracts or other written forms;

(six) other facilities and equipment owned by the owner according to law.

When applying for the initial registration of house ownership, the construction unit shall apply for the registration of supporting facilities and equipment specified in the preceding paragraph, which shall be recorded in the real estate register by the real estate registration agency, but no certificate of real estate ownership shall be issued.

Fortieth realty service enterprises shall provide corresponding services in accordance with the stipulations of realty service contracts. The realty service contract may stipulate the following services:

(a) the use of * * parts of the property, the management and maintenance of * * facilities and equipment;

(2) * * * has been afforested and maintained;

(three) * * * area cleaning;

(4) maintaining regional order;

(5) Vehicle parking management;

(six) management measures to prohibit sexual behavior in the use of property;

(seven) accounting management of property maintenance, renewal, renovation and maintenance costs;

(eight) the custody of property files;

(nine) other property services entrusted by the owners' congress or the owners.

The realty service enterprise may entrust the special service items in the realty service contract to the professional service enterprise, but shall not entrust all the items agreed in the realty service contract to others.

Forty-first property services companies to provide property services, shall comply with the following provisions:

(a) in line with the technical standards and norms stipulated by the state and this Municipality;

(two) timely inform the owners and users of the matters needing attention in the safe and reasonable use of the property;

(three) regularly listen to the opinions and suggestions of the owners, improve and perfect the service;

(four) to cooperate with the residents' committees and villagers' committees to do a good job in community management.

The realty service enterprise shall assist in the safety work within the realty management area.

Forty-second three months before the expiration of the realty service contract, the owners' committee shall organize a general meeting of owners, make a decision on renewing or hiring other realty service enterprises, and inform the realty service enterprises of the decision in writing. If the owners' congress decides to renew the employment and the realty service enterprise accepts it, the owners' committee and the realty service enterprise shall re-sign the realty service contract before the expiration of the realty service contract.

After the expiration of the realty service contract, if the realty service enterprise decides not to provide realty service for the realty management area, it shall notify the owners' committee in writing three months in advance.

After the expiration of the term of the realty service contract, the owners' meeting has not made a decision to renew or select other realty service enterprises, and the realty service enterprises continue to provide services in accordance with the original contract, the rights and obligations of the original contract will continue. During the extension of contract rights and obligations, either party shall notify the other party in writing three months in advance if it proposes to terminate the contract.

Article 43 A realty service enterprise shall establish and keep the following files and materials:

(a) * * * has some business management documents;

(two) residential monitoring system, elevators, pumps, electronic security doors and other facilities and equipment files and their operation, maintenance and maintenance records;

(three) water tank cleaning records and water tank inspection report;

(four) residential decoration management information;

(5) List of owners;

(six) written agreements on water supply, power supply, garbage removal and telecommunications coverage. The realty service enterprise or the construction unit signed with the relevant public utilities;

(seven) other important information related to the interests of the owners formed in the property service activities.

When the realty service contract is terminated, the realty service enterprise shall hand over to the owners' committee the archives, materials and property management houses specified in the first paragraph of Article 10 and the preceding paragraph.

Forty-fourth property service charges should follow the principles of rationality, openness and consistency between quality and price.

Property service charges are subject to government-guided prices and market-regulated prices. If the same content and standard of property services are implemented in the same property management area, the same price standard shall be implemented. The specific measures shall be formulated separately by the Municipal People's Government.

The realty service enterprise may, according to the entrustment of the owner, provide services other than those stipulated in the realty service contract, and the service remuneration shall be determined by both parties through consultation.

The realty service enterprise shall publish the realty service items and their charging standards in written form within the realty management area.

Forty-fifth prophase realty service contract from the date of entry into force to the date of delivery of the house, the property service fees incurred in that month shall be borne by the construction unit.

The property service fee from the month following the delivery date of the house for sale to the month following the termination of the previous property service contract shall be borne by the buyer according to the charging standard of the previous property service stipulated in the house sales contract; If there is no agreement in the house sales contract, it shall be borne by the construction unit.

The owner shall pay the property service fee on time in accordance with the property service contract; If the owners fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay it; The realty service enterprise may bring a lawsuit to the people's court according to law.

When the owner hands over the property, he shall settle the property service fee with the property service enterprise; If the settlement is not made, the buyer and the seller shall reach an agreement on the settlement of the property service fee and inform the property service enterprise.

Forty-sixth the proceeds from the use of part of the property belong to the owners who own the property, which are mainly used to supplement the special maintenance funds, and can also be used for the working expenses of the owners' Committee or other needs in property management according to the decision of the owners' meeting.

Forty-seventh with the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners, the owners can manage the property by themselves and make decisions on the following matters:

(1) Self-managed actuator;

(two) the content, standard, cost and time limit of self-management;

(3) A plan to employ a professional organization;

(4) Other contents related to self-management.

Where the management of facilities and equipment such as elevators, fire fighting and technical defense involves specific requirements such as personal and property safety, professional institutions shall be entrusted for repair and maintenance.

The owners' congress may entrust a qualified intermediary agency to carry out financial management of management fees, special maintenance funds and public benefits, open a special maintenance fund account in accordance with the entrusted financial management contract, and publish an independent management account to the owners every quarter.

The specific scope and implementation measures for the owners to manage their own property shall be formulated separately by the Municipal People's Government.

Chapter IV Use and Maintenance of Property

Forty-eighth property services companies to undertake property, should be handed over to the housing and supporting facilities and equipment and related sites for inspection and acceptance, and check the relevant information received.

The realty service enterprise shall sign the acceptance confirmation within seven days from the date of acceptance.

Forty-ninth the construction unit shall undertake the warranty responsibility of the property in accordance with the warranty period and scope stipulated by the state. If the construction unit entrusts the maintenance of the realty service enterprise, it shall sign an entrustment agreement with the realty service enterprise separately.

The construction unit shall, before the initial registration of the ownership of the house, deposit the property warranty fund into the designated special account for the property maintenance guarantee during the warranty period. During the warranty period, the construction unit shall make up for the lack of property warranty funds; After the expiration of the warranty period, if the property warranty fund has a balance, it shall be returned to the construction unit.

The supervision of property warranty funds shall follow the principles of unified deposit, unchanged ownership of funds, earmarking and government supervision.

Fiftieth owners and users shall abide by the provisions of the state and this Municipality, as well as the temporary management regulations and management regulations, and use the property in accordance with the provisions on the safe use of houses.

The following acts that harm the interests of the public and others are prohibited:

(a) damage to the load-bearing structure of the house;

(two) illegal construction of buildings and structures;

(three) damage to the appearance of the house;

(four) unauthorized alteration, occupation of * * * part of the property;

(five) damage or unauthorized occupation, relocation of facilities and equipment;

(six) storing inflammable, explosive, toxic, radioactive and other dangerous goods that do not meet the safety standards, or storing and stacking overloaded goods;

(7) discharging toxic and harmful substances;

(eight) the noise exceeds the prescribed standard;

(nine) other acts prohibited by laws, regulations and rules.