Chapter IV Regulations of Nanchang Municipality on Property Management Services

The realty service enterprise shall have the qualification of independent legal person, obtain the qualification of realty service enterprise according to law, and engage in realty management activities within the scope permitted by its qualification. No unit or individual may transfer, lease or lend the qualification certificate of the realty service enterprise.

Foreign property service enterprises entering the city to engage in property management activities shall file with the municipal real estate department. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

The property service contract shall stipulate and publicize the property management matters, service quality, service fees, rights and obligations of both parties, use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Property management services mainly include:

(a) the use, maintenance, conservation and management of spare parts and facilities;

(2) Operation services of elevators, intelligent systems and other equipment;

(three) environmental sanitation cleaning and maintenance management of green space, trees and greening facilities;

(4) Property decoration management;

(five) the service and management of vehicle driving and parking order;

(six) to assist in the management of public order maintenance, security and other matters;

(seven) to provide daily life services and convenience for the owners;

(eight) property information query service and management. Owners and realty service enterprises shall abide by laws, regulations and management regulations and perform realty service contracts. If one party breaches the contract, the other party may pursue the responsibility of the breaching party according to the property service contract. The owner shall not refuse to perform the contract by refusing to pay property service fees and other fees; The realty service enterprise shall not refuse to perform the contract on the grounds of reducing the quality of realty service or interrupting realty service.

When the property ownership is transferred, the owner shall settle the property service fee with the property service enterprise. When the realty service contract is terminated, the realty service enterprise shall return the following materials and property to the owners' committee:

(a) The information specified in Article 38 of this Ordinance;

(2) Property management places;

(three) technical information about property renovation, maintenance and conservation during the property service period;

(four) the fixed facilities and equipment allocated by the owners during the property service period;

(five) other property and materials that should be handed over.

When a newly-selected realty service enterprise undertakes the realty, the owners' committee shall hand over the materials and property specified in the preceding paragraph to the realty service enterprise. The standard of property service fees shall be stipulated in the property service contract by the owners and the property service enterprises in accordance with the principles of fairness, reasonableness and adaptability of service fees and service levels. The realty service enterprise shall publicize the standard of realty service fee, and report it to the district or county competent price department where the property is located for the record.

If a realty service enterprise provides services other than those stipulated in the realty service contract for the owners or users of the realty, it may charge a separate fee. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property will pay the property service fee, the owner shall bear joint and several liability for payment.

If the operating expenses of elevator, transfer power supply, secondary water supply and other facilities are not included in the property service fee, the property service enterprise shall share it fairly and reasonably with the relevant owners according to the actual expenditure and the agreed charging method, and publish it regularly. Within the property management area, water supply, power supply, gas supply, communication, cable TV and other units shall charge relevant fees to the end users.

Water supply, power supply, gas supply, communication, cable television and other units shall not force the realty service enterprise to collect relevant fees, nor shall they stop providing services because the realty service enterprise refuses to collect and remit the fees.

Where a realty service enterprise accepts the entrustment to collect relevant fees, it shall not collect additional fees such as handling fees from the owners or users. Public buildings and facilities such as education, medical care, culture, sports and commercial services built in the property management area shall not be changed without authorization.

No one is allowed to occupy or dig roads and sites within the property management area without authorization, which will harm the interests of the owners. Water supply, power supply, gas supply, communication, cable television and other units shall bear the responsibility for the maintenance and conservation of pipeline facilities within the property management area according to law.

If the units specified in the preceding paragraph need to temporarily occupy or excavate the road site due to maintenance, they shall promptly restore the original state. Using the parts, facilities and equipment of the property to set up outdoor advertisements or engage in leasing business, the relevant formalities shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property service enterprises.

The operating income can be managed by the owners' committee or entrusted to the property service enterprise as decided by the owners' meeting, which is mainly used to supplement the special maintenance funds, and can also be used according to the decision of the owners' meeting. The income and use shall be publicized. The owner shall use the house according to the planned and designed purposes, and shall not change the use of the house without authorization.

If the owner changes the purpose of use, he shall abide by laws, regulations and management regulations, and obtain the consent of the interested parties. If the owner needs to decorate the house, he shall inform the realty service enterprise in advance, and the realty service enterprise shall inform the owner of the prohibited acts and matters needing attention in the house decoration, and sign a decoration service agreement with him.

The realty service enterprise shall not collect the decoration deposit in any form.

Property service enterprises should strengthen the inspection of decoration safety matters in the property management area, and the owners should cooperate. The following acts are prohibited in the property management area:

(a) unauthorized removal of the load-bearing structure of the house;

(two) damage or change the appearance of the wall without authorization;

(three) the construction of buildings, structures and other facilities that violate the regional planning of property management;

(four) occupation of green space, destruction of flowers and trees;

(five) set up stalls or littering, piling up debris, throwing objects at high altitude;

(6) posting, scribbling or portraying on buildings and structures without authorization;

(seven) exceeding the prescribed noise emission standards;

(eight) discharge or pile up toxic and harmful substances, pile up flammable and explosive materials;

(9) Occupy, close or block evacuation passages, fire exits and fire truck passages, and damage or misappropriate fire control facilities;

(10) Feeding animals in violation of regulations;

(eleven) other acts prohibited by laws and regulations.

When the acts specified in the preceding paragraph occur in the property management area, the owners and property users have the right to complain and report, and the property service enterprise and the owners' committee shall promptly dissuade and stop them according to the property service contract or management agreement; Discourage and stop ineffective, the realty service enterprise and the owners' committee shall promptly report to the urban management administrative law enforcement department and other relevant administrative departments. The relevant administrative departments shall deal with it in a timely manner, and the relevant owners and property users shall actively cooperate. Planning parking spaces and garages for parking motor vehicles within the property management area shall first meet the needs of the owners within the property management area.

The ownership of parking spaces and garages planned for parking motor vehicles shall be agreed upon by the parties through sale, gift or lease.

The lease planning of motor vehicle parking spaces and garages shall give priority to the owners and users of the property management area. After meeting the needs of owners and property users in the property management area, the lease contract period shall not exceed six months. Occupation of roads or other venues owned by the owners in the property management area for parking motor vehicles shall be approved by the owners' congress.

If a motor vehicle is parked on a road or other site owned by the owner, it shall pay the site occupation fee. The site occupation fee belongs to all owners and is mainly used for the maintenance of roads and parking facilities in residential areas and the improvement of facilities and equipment. The collection standard and use method of site occupation fee shall be decided by the owners' meeting; If the owners' meeting is not established, it may be formulated in advance by the construction unit or the property service enterprise. The collection and use of the site occupation fee shall be publicized to the owner.

If the owner has requirements for motor vehicle storage, the owner and the property service enterprise shall sign a motor vehicle storage contract separately.

The specific management measures for the driving and parking of motor vehicles and non-motor vehicles in the property management area shall be decided by the owners' congress and publicized. If the owners' meeting is not established, it shall be implemented in accordance with the provisions of the previous property management service contract. When the parts and facilities of the property are maintained and updated, the relevant owners and property users shall cooperate. If the relevant owners and property users obstruct maintenance and renewal, causing property losses to other owners and property users, the responsible person shall make compensation.

If the houses, facilities and equipment are damaged due to the maintenance and renewal of the parts and facilities of the property, the responsible person shall make restitution or compensation. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single house shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be set up according to the building, which shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

According to the stipulations of the realty service contract, the maintenance expenses for the parts and facilities of the realty * * * that should be paid by the realty service enterprise from the realty service expenses shall not be charged from the special maintenance funds.

The management of residential special maintenance funds shall be regulated by the Municipal People's Government in accordance with the relevant provisions of the state and the province.