Full text of the implementation rules for the management of property service charges in Huangshan City

Full text of the implementation rules for the management of property service charges in Huangshan City

In order to standardize the behavior of property service charges in our city and protect the legitimate rights and interests of owners, property users and property management enterprises, according to the State Council's Property Management Regulations, Anhui Province's Property Management Regulations, National Development and Reform Commission, Ministry of Construction's Measures for the Administration of Property Service Charges and Anhui Province's Measures for the Implementation of Urban Property Service Charges, combined with the actual situation in our city, the Implementation Rules for the Administration of Property Service Charges in Huangshan City have been formulated and passed by the municipal government.

Article 1 In order to regulate the behavior of property service charges in this Municipality and protect the legitimate rights and interests of owners, property users and property management enterprises, according to the Regulations of the State Council on Property Management, the Regulations of Anhui Province on Property Management and the Detailed Rules for the Implementation of the Management of Property Service Charges in Huangshan City. The National Development and Reform Commission and the Ministry of Construction "Measures for the Administration of Property Service Charges" and "Implementation Measures for the Administration of Urban Property Service Charges in Anhui Province". Hereinafter referred to as "Detailed Rules".

Article 2 These Rules shall apply to the management of property service charges of enterprises with property management qualifications within the administrative area of this Municipality.

Article 3 The term "property service fee" as mentioned in these Detailed Rules refers to the fees charged by property management enterprises to owners and property users for daily maintenance, maintenance and management of houses, supporting facilities and related sites, and for maintaining environmental sanitation and order in relevant areas.

Article 4 The government encourages owners or owners' committees to choose property management enterprises through market competition mechanism; Encourage property management companies to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service fees through market competition.

Article 5 The municipal price department shall, jointly with the municipal real estate administrative department, be responsible for the management and supervision of the city's property management service charges, and formulate the charging standards for the property service level of Tunxi Central City. The district and county price departments shall, jointly with the district and county real estate administrative departments, be responsible for the supervision and management of property service charges within their respective administrative areas.

Article 6 Property service charges shall be subject to government-guided prices and market-regulated prices. The comprehensive service fee for residential property, the parking management fee for residential vehicles and the cleaning fee for decoration garbage shall be subject to government guidance. Non-residential property service charges are subject to market-regulated prices.

Seventh residential property comprehensive service fees to implement hierarchical management. City, county (District) price departments in conjunction with the real estate administrative departments, according to the average cost of the industry and the local economic development level, formulate the classification methods, charging standards and floating range of property management services, and regularly adjust and publish them. Grade charging standards are announced to the public every two years.

Except as otherwise agreed in the realty service contract, the operating expenses and maintenance expenses of elevators, water pumps, central air conditioners, etc. shall be included in the collection and payment expenses, which shall be accounted for separately by the realty management enterprise, and the accounts shall be established separately according to the actual expenses and the agreed ways, and shall be shared reasonably. The specific distribution method shall be determined through consultation between the owners' committee and the property management enterprise after being approved by the owners' congress. Before the establishment of the owners' committee, the development and construction unit and the property management enterprise agreed in the preliminary property service contract.

Article 8 The owners or owners' committee and the property management enterprise may agree on the property service fees in the form of contract system or gratuity system.

Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit and loss are borne by the property management enterprise.

The contract gratuity system refers to the method of charging property services by paying the contract gratuity to the property management enterprise according to the agreed proportion or amount from the property service funds received in advance, and the rest is used for the expenses agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner.

Article 9 In the house sales contract signed between the construction unit and the property buyer, the enterprise, service content, service standard, charging standard, charging method and charging start time of the property management in the early stage shall be stipulated, and the stipulations concerning the interests of the property buyer shall be consistent.

The charging standard for comprehensive services of preliminary property management shall be specified in the preliminary property management contract by the construction unit and the property management enterprise with reference to the service level of the property and the charging standard of the corresponding level, and shall be specified to the buyer as an annex to the purchase contract. If both parties can't reach an agreement, it shall be reported to the competent price department for approval according to the management authority.

For the residential quarters where the owners' committee has been established, the specific charging standard shall be agreed in the property service contract by the owners' assembly or its authorized owners' committee and the property management enterprise according to the property service level and the corresponding charging standard. If both parties can't reach an agreement, it shall be reported to the competent price department for approval according to the management authority.

The charging standard for comprehensive services of property management in villa area shall be agreed by the property management enterprise and the property buyer in the contract. If both parties can't reach an agreement, it shall be reported to the competent price department for approval according to the management authority.

Article 10 The owner and user shall pay the property management service fee as agreed in the contract from the month following the delivery and use formalities of the property. Included in the scope of property management has been completed but not yet sold or not delivered to the property buyer on time due to the reasons of the development and construction unit, the property management service fee shall be paid in full by the development and construction unit.

For five-guarantee households and low-guarantee households, the comprehensive property service fee can be reduced or exempted through consultation between the owners' committee and the property management enterprise.

Article 11 The property service fee is calculated according to the legal property area (the construction area registered with the house ownership certificate), in which the top floor and attic are charged according to half of the legal property area, and the storage room and wooden shed are not charged, and the garage is charged according to the standard; If the property right certificate is not handled, it shall be calculated based on the housing construction area in the sales contract or the housing construction area actually measured by the real estate surveying and mapping department.

Property management service fee is charged monthly. If the owner and the property management enterprise agree to receive the property management service fee in advance, the period of advance payment shall not exceed six months.

Twelfth the use of property * * with parts, * * with facilities and equipment for business activities, should be in writing with the consent of the relevant owners, owners' congress, property management companies, property management companies to the relevant departments for examination and approval procedures. After deducting the agency fee of the property management enterprise, 30% of the owner's income is used to subsidize the property management service fee, and 70% is included in the special maintenance fund, unless otherwise decided by the owners' meeting.

Thirteenth in the property area, water supply, power supply, gas supply, heating, sanitation, communications, cable television and other units shall charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, both parties shall sign a paid service contract, and the property management enterprise shall collect the handling fee from the entrusting unit. No additional fees such as handling fees shall be charged to the owner.

Fourteenth owners, users decorate houses, decoration units (or decoration) should sign a decoration management agreement with the property management company before decoration, and obey the management of the property management company. Decoration garbage removal, calculated according to the construction area, 2 yuan per square meter.

The property management company shall not charge any form of decoration deposit to the owners and decoration units.

Fifteenth houses are rented or used in other ways, the property service fee shall be paid by the owner or the user of the property in accordance with the agreement, and the owner shall bear joint liability. When the property right or the right to use the property is transferred, the owner or the property user shall settle the property service fee in time. If the property management service fee is not settled, the property management department has the right not to handle the relevant property transfer procedures.

Owners and users shall pay the property service fees in full and on time in accordance with the provisions of the property service contract. In violation of the property service contract, the owners' committee shall urge them to pay the service fee within a time limit; Overdue payment, property management companies can be recovered according to law.

Sixteenth property management service charges should be clearly marked. Before charging, the property management enterprise shall publicize the service content, service standards, charging items and charging standards in a prominent position in the service area in accordance with the provisions of the competent price department.

Seventeenth the implementation of government-guided property service charges to implement the charging permit system. Property management enterprises in residential areas before the implementation of service charges, must be in accordance with the provisions to the competent department of price for Anhui Province operating service charges permit, so that the price tag.

Eighteenth price departments and property management administrative departments should strengthen the supervision of the service content, service quality, charging items, standards and charging behavior of property management enterprises. Property management companies that violate price laws, regulations and provisions shall be punished by the competent price department of the government in accordance with the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Nineteenth "Rules" shall come into force as of July 2007. For the old residential quarters whose prices and charging standards have been approved by the real estate authorities, if it is really necessary to adjust the charging standards in order to improve the relevant conditions and services, it shall be adjusted in accordance with the provisions of these rules and with the consent of the owners' committee.

Twentieth the "rules" by the municipal price department in conjunction with the municipal real estate administrative department is responsible for the interpretation of.

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