Chapter IV of Anhui Property Management Regulations

Property service enterprises shall have corresponding qualifications in accordance with state regulations, and shall not undertake property service business beyond the qualification level.

Where a realty service enterprise undertakes realty service projects in an unregistered place, it shall file with the real estate administrative department of the people's government of the city or county (city) where the realty project is located.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with state regulations.

The real estate administrative department shall strengthen the construction of the professional team of property management, and establish the credit files of the property service enterprises and their managers. Property service enterprises shall enjoy the following rights:

(a) according to the provisions of relevant laws and regulations and the property service contract, the property and its environment and related order management;

(two) in accordance with the relevant provisions of the state and the province and the property service contract;

(three) to stop the violation of property management regulations;

(four) choose a franchise enterprise to undertake special business;

(five) other rights stipulated by laws and regulations or granted by the owners' meeting.

Property service enterprises enjoy preferential policies for the tertiary industry in accordance with the relevant provisions of the state and the province. The realty service enterprise shall perform the following obligations:

(a) for the purpose of serving the owners, improve the quality and level of service;

(two) in accordance with the property service contract, to provide safety, hygiene and cleaning, daily maintenance and other services for * * * parts and facilities;

(three) announced in accordance with the provisions of the property service fee revenue and expenditure;

(four) accept the supervision of the owners' committee and the owners;

(five) to assist the relevant departments to provide community services and carry out community cultural activities;

(six) other obligations stipulated by laws and regulations or agreed in the realty service contract.

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. Those who fail to perform the agreement shall bear corresponding legal responsibilities according to law. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

The realty service contract shall include the following items:

(a) the scope and basic situation of the property management area;

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

(3) Configuration, use, maintenance and management of property service facilities;

(4) Maintaining public greening and maintaining environmental sanitation and related order in public areas;

(5) Vehicle parking management;

(six) property service quality standards;

(seven) the standards and methods of collecting property service fees;

(eight) the custody of property files;

(9) Term of the realty service contract;

(10) Rights and obligations of both parties;

(11) Liability for breach of contract;

(twelve) the conditions for the termination and rescission of the realty service contract;

(13) Other matters.

The administrative department of housing and urban and rural construction of the provincial people's government shall formulate and publish model texts such as property service contracts. Before the signing of the property service contract, the owners' committee shall publicize the property service contract to be signed in the property management area, fully listen to the opinions of the owners, and then submit it to the owners' meeting for adoption. If the contents of the realty service contract need to be changed, the owners' committee shall publicize the changed contents within the realty management area, and confirm the contract change according to the procedures stipulated by the owners' congress.

The publicity time specified in the preceding paragraph shall not be less than 10 days. 90 days before the expiration of the realty service contract, the owners' committee shall convene a meeting of the owners' congress to discuss and decide on the selection of realty service enterprises. If the owners' congress decides to continue employment, it shall sign a new property service contract with the property service enterprise according to law; No longer continue to employ, should be re employed in accordance with the law of new property services companies.

If the realty service contract is terminated in advance, the party proposing to terminate the contract shall inform the other party in writing, make an announcement within the realty management area, and inform the local county-level people's government real estate administrative department, subdistrict office or township people's government in writing. After the dissolution or termination of the realty service contract, the realty service enterprise shall perform the following handover obligations with the owners' committee in accordance with the provisions of laws and regulations and the contract:

(1) handing over the materials specified in Article 48 of these Regulations;

(two) the relevant information and property service files about the decoration, repair, operation and maintenance of the property and facilities formed in the process of property service transfer;

(three) the property service room and the location and facilities of the property;

(four) the liquidation expenses and the transfer of relevant account books and bills;

(five) other matters that should be handed over as stipulated by laws and regulations.

After the owners' congress re-selects the realty service enterprise, the owners' committee shall hand over the materials and property listed in the preceding paragraph to the re-selected realty service enterprise, and the original realty service enterprise shall do a good job in the handover of realty management with the newly selected realty service enterprise.

Without going through the handover procedures, the realty service enterprise shall not leave the realty management area or stop the realty service. Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall stipulate in the realty service contract in accordance with the national and provincial realty service charging standards.

Where the government-guided price is implemented, the competent price department shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and floating range according to the property type, service content, service level and price index changes, and announce it to the public.

If the property is transferred or lost, the owner or the user of the property shall settle the property service fee. The realty service enterprise shall, in accordance with the relevant provisions of the state and the province, announce the income and expenditure of the realty service fee, and the owners' committee shall supervise and verify the announced realty service fee, and publish the verification report within the realty management area.

The competent price department shall, jointly with the real estate administrative department, strengthen the supervision of the charging items and standards of property service enterprises. For the property delivered to the owner, the property service fee shall be borne by the owner. If it is not delivered to the owner, the property service fee shall be borne by the construction unit.

The term "delivery" as mentioned in the preceding paragraph means that the owner receives the written delivery notice and completes the relevant delivery procedures within the time stipulated in the house sales contract. After receiving the written delivery notice, the owner fails to handle the relevant delivery procedures within the notice period without justifiable reasons, which is deemed as delivery. If the construction unit fails to notify in writing in advance, the owner shall actually complete the relevant delivery procedures. The realty service enterprise shall assist in the safety prevention work within the realty management area, formulate the emergency plan for safety prevention within the realty management area, take emergency measures for emergencies, report to the relevant administrative departments and relevant units in a timely manner, and assist in the rescue work.

Property service enterprise personnel shall not infringe upon the legitimate rights and interests of citizens when maintaining public order in the property management area. Within the property management area, water supply, power supply, gas supply and other units shall install meters to the end users, charge the owners and serve the owners directly.

Water supply, power supply, gas supply, heating, communication, television and other units may entrust the property service enterprises to collect relevant fees and pay the handling fees as agreed.

Where a realty service 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. The real estate administrative department shall strengthen the supervision and management of the realty service enterprises, regularly assess their service quality, and promote the realty service enterprises to improve their service level.

City appearance, public security, industry and commerce, environmental protection, health, planning and other administrative departments shall strengthen the supervision and management of public order, public security and fire control, city appearance and environmental sanitation and housing use within the property management area, and deal with illegal acts according to law.

Property management associations may, in accordance with the relevant provisions of the state and the province, formulate property service norms and grade standards, establish and improve the self-discipline system of property service enterprises and property service practitioners, and cooperate with real estate administrative departments to establish and improve credit files. Implement the joint meeting system of property management.

The joint meeting of property management shall be convened by the real estate administrative department of the people's government at the county level in conjunction with the sub-district offices and township people's governments, with the participation of residents' committees or villagers' committees, property service enterprises, professional business units, urban management and law enforcement, public security police stations and other units and owners' committees or owners' representatives.

The joint meeting of property management mainly coordinates and solves the following matters:

(a) the owners' committee fails to perform its duties according to law;

(two) the owners' committee has not changed according to law;

(three) the realty service enterprise fails to quit and handle the handover procedures according to law;

(four) major contradictions and disputes in the process of property management and service;

(five) other related matters that need to be resolved through coordination.