Chapter IV Property Management and Transfer of Residential Areas in Xiamen

The management service fee for vacant houses that have not been rented or sold by the development and construction unit shall be borne by the development and construction unit.

Before the establishment of the owners' committee, the development and construction unit shall manage or entrust the property management enterprise to implement property management, and the entrusted management shall provide the engineering construction files required for property management. The development and construction unit shall, within thirty days from the date of the establishment of the owners' committee, hand over the following construction files to the owners' committee:

(a) the general plan of residential planning and completion;

(2) as-built drawings of single buildings, structures and equipment;

(3) Completion drawing of underground pipe network;

(four) the operating instructions and circuit diagrams of various equipment;

(five) environmental protection, greening and other related projects completion acceptance data;

(6) Other necessary information.

The owners' committee shall, within ten days after signing the entrustment contract for property management, hand over the information specified in the preceding paragraph to the property management enterprise for safekeeping. The property management enterprise shall, within ten days after the termination or rescission of the entrusted contract for property management, hand over the information originally kept to the owners' committee. Development and construction units in violation of these regulations, one of the following circumstances, the municipal construction administrative department shall be punished according to the seriousness of the case:

(a) failing to organize the first owners' meeting within the specified time, it shall be ordered to organize the meeting within a time limit; Those who fail to organize the meeting within the time limit may be fined between 5,000 yuan and 30,000 yuan.

(2) Failing to hand over building materials, special funds for public facilities and property management houses in accordance with regulations, it shall be ordered to make corrections within a time limit, and may be imposed with a fine ranging from 1 10,000 yuan to 50,000 yuan. In violation of the provisions of this Ordinance, any of the following circumstances shall be punished by the municipal administrative department of construction according to the seriousness of the case:

(a) without obtaining the certificate of property management qualification grade or beyond the scope of its qualification grade, engaged in property management services, confiscate the illegal income, and may impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan.

(two) property management companies to change the public facilities special fund, housing maintenance fund and property management purposes, shall be ordered to make corrections, and may be fined 2000 yuan to 20 thousand yuan; If the circumstances are serious, the qualification certificate shall be revoked. In violation of the provisions of this Ordinance, one of the following circumstances shall be punished by the municipal supervision detachment according to the seriousness of the case:

(a) damage the load-bearing structure of the house, change the design purpose of the house without authorization, occupy or damage * * * parts, * * equipment and dismantle * * * equipment public facilities or houses in residential areas without authorization; Shall be ordered to make restitution, and may be fined between 1,000 yuan and 10,000 yuan.

(two) unauthorized changes in the appearance of the house, shall be ordered to make corrections, and may impose a fine of one thousand yuan to three thousand yuan.

(three) if the vehicle is not parked at the designated place, it shall be ordered to make corrections and impose a fine of fifty yuan to five hundred yuan.

(4) Those who dig, bury and maintain pipelines such as power supply, water supply and drainage, sewage, gas, posts and telecommunications in residential areas and start construction without signing an agreement with the property management company to restore the excavated roads and green spaces or compensate for the losses shall be ordered to make corrections and may be fined between 1 10,000 yuan and 30,000 yuan. If the owner or user fails to pay the property management service fee and house maintenance fee as agreed in the contract, the owners' committee shall assist in the collection. If it fails to pay within the time limit, the property management enterprise shall collect liquidated damages in accordance with the contract; If there is no agreement in the contract, a penalty of 0.3% of unpaid fees may be added daily. If the payment is still overdue for six months, the property management enterprise may also stop the service.

If a property management enterprise violates the property management service contract, it shall bear the corresponding liability for breach of contract, and shall be liable for compensation if losses are caused to the owners and users. If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

If a party fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the department that made the punishment decision shall apply to the people's court for compulsory execution.