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Trial Measures for the Administration of Urban Residential Quarters in Yinchuan (1995)
The term "residential area management" as mentioned in these Measures refers to the maintenance, repair and renovation of housing construction and its equipment, municipal public facilities, greening, sanitation, transportation, public security and environmental appearance management projects in residential areas. Article 3 The management of residential quarters shall follow the principles of unified leadership, division of responsibilities, and the combination of comprehensive management and professional management, and gradually realize a socialized and professional management system, and the property management unit shall uniformly implement professional management. Chapter II Management Organization and Division of Responsibilities Article 4 Yinchuan Real Estate Management Bureau is the administrative department in charge of property management in urban residential quarters.
A residential area management committee (hereinafter referred to as the CMC) shall be established in a residential area. The CMC is established by the people's government of the jurisdiction, and consists of representatives elected by the owners and users of real estate, residents' committees and real estate management departments of residential areas.
The residential district management committee shall accept the supervision and guidance of the neighborhood offices and residents' committees. Article 5 The duties of the CMC are:
(a) to formulate the articles of association representing the owners and users of residential property, and safeguard the legitimate rights and interests of property owners and users;
(two) responsible for the organization and implementation of comprehensive community management;
(three) to organize the establishment or hiring of property management units to conduct property management in the community;
(four) to consider the major measures of community management plan and community management services;
(five) to inspect and supervise the implementation of various management work and the implementation of rules and regulations;
(six) according to the opinions and requirements of real estate owners and users, to inspect and supervise the property management;
(seven) responsible for the management and use of community management funds;
(eight) responsible for other work that should be managed by the community management committee. Sixth urban construction, public security, sanitation, water, landscape, planning, posts and telecommunications and other units shall actively assist the CMC to do a good job in the management of residential areas in accordance with their respective functions and powers. Seventh residential roads, street lamps, water supply and drainage, heating, power supply, post and telecommunications, fire and other public facilities maintenance, maintenance, by the administrative department in charge. The administrative department may, according to the management needs, entrust the property management unit to take care of it. Eighth environmental sanitation and garden green space in residential areas are managed by the CMC or selected by the property management unit.
The public security work in residential areas is organized by the administrative committee and carried out under the guidance of local police stations and public security committees. Article 9 All public facilities built by real estate development enterprises shall be handed over to the community management committee for management after the warranty period expires. Tenth residential buildings and facilities by the property unit is responsible for the management and maintenance, can also be entrusted to the property management unit unified repair and maintenance. The maintenance of self-built public facilities outside the building and the adjacent houses of residents shall be reasonably borne by the property owners and users in accordance with the principle of adapting rights and obligations. Organized and managed by the management Committee. Eleventh real estate development enterprises in the process of selling houses, should be in the sales contract to require real estate property owners to promise to abide by the provisions of the residential management measures. When the real estate property owner is separated from the user, the user shall promise to abide by the provisions of the residential management measures in the lease contract. Twelfth residential real estate owners and users should abide by the measures for the administration of residential areas, pay management fees in accordance with the provisions, and shall not hinder or obstruct managers from performing official duties, and have the right to participate in and supervise the management of residential areas. Chapter III Property Management Article 13 The property management of residential quarters shall be organized and implemented by the district management committee or managed by a property management unit, and the property management shall be done well in accordance with the principle of "whoever charges shall serve". Fourteenth property management unit rights:
(a) according to the relevant laws and regulations, combined with the actual situation, to develop residential property management measures;
(two) the implementation of property management in accordance with the property management measures or contracts;
(three) in accordance with the relevant provisions and the property contract management fees;
(four) have the right to stop acts in violation of rules and regulations;
(five) have the right to request the CMC to assist in management;
(six) have the right to hire a franchise company to undertake special management business. Fifteenth property management unit's obligations:
(a) to perform the property management contract and operate according to law;
(two) accept the supervision of the residential area management committee and residents;
(three) major management measures shall be submitted to the CMC for consideration and approval;
(four) accept the supervision and guidance of the real estate administrative department, the relevant administrative departments and the people's government where the residential area is located. Sixteenth property management contracts should be clear:
(1) manage the project;
(2) Management contents;
(3) management expenses;
(4) Rights and obligations of both parties;
(5) Term of the contract;
(6) Liability for breach of contract;
(7) others.
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