Tianjin Mobile Attendance Real Estate Edition

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Measures of Tianjin Municipality on Property Management of Residential Quarters

(Transfer by the Municipal People's Government on July 24th 1996)

1997 12 17 was revised and released according to the Notice of the Municipal People's Government on Amending the Interim Measures for the Property Management of Residential Quarters in Tianjin.

Chapter I General Provisions

Article 1 In order to strengthen the property management of residential quarters in this Municipality, ensure the normal use of houses and their equipment and public facilities in residential quarters, and create a clean, beautiful, comfortable, convenient, civilized and safe living environment, these Measures are formulated in accordance with the relevant provisions of the state.

Article 2 These Measures shall apply to residential quarters with planned construction, complete supporting facilities and a construction area of over 50,000 square meters within the administrative area of this Municipality. Property management of residential quarters, buildings and industrial zones with a construction area of less than 50,000 square meters may be implemented with reference to these measures.

Article 3 The term "property management" as mentioned in these Measures refers to the activities of specialized agencies and personnel to uniformly maintain, repair and serve buildings and their ancillary facilities, sites, surrounding environment, cleanliness, safety, public greening and roads. In a residential area by surgery.

Article 4 The Municipal Real Estate Management Bureau is the competent department of property management in this Municipality, and its main responsibilities are:

(a), the implementation of national laws, regulations and rules on residential property management;

(two), the drafting of the city's residential property management regulations, formulate supporting measures;

(three), review and manage the qualifications of property management enterprises, and issue the "Property Management Qualification Certificate";

(four), the training of property management professionals, issued the "property management post qualification certificate";

(five), guidance, supervision and inspection of residential property management.

The district and county real estate administration is the competent department of property management in each district and county.

Fifth planning, industry and commerce, price, sanitation, landscape, municipal, public security and other competent departments and local street offices shall, according to their respective responsibilities, guide, coordinate and supervise the property management of residential quarters.

Sixth residential areas should be socialized and professional management. New residential quarters must implement property management in accordance with the provisions of these measures. These Measures stipulate the unified implementation of property management. Before the implementation of these measures, the residential quarters that have been accepted and delivered for use shall be planned in accordance with these measures, and property management shall be gradually implemented.

Seventh property management should be included in the construction planning of residential quarters, and the competent planning department should comply with the principle of unified property management in these measures when approving.

Chapter II Property Management Committee

Article 8 In residential areas where property management is implemented, a property management committee (hereinafter referred to as the CMC) shall be established under the guidance of the competent department of property management.

Article 9 The rights of the CMC:

(a), on behalf of the real estate owners and users in residential areas, safeguard the legitimate rights and interests of real estate owners and users;

(2) To formulate the articles of association of the management committee;

(three), hiring property management companies and sign management contracts with them;

(four), to consider the annual management plan and major measures for community management services formulated by the property management enterprises;

(five), check and supervise the management of property management enterprises.

Article X Obligations of the Committee on Cluster Munitions

(a), reflect the opinions and legal requirements of the owners and users of real estate property rights and supervise the implementation;

(two), to assist the property management enterprises to implement management work;

(three), accept the supervision of residential real estate owners and users;

(four), accept the supervision and guidance of the property management department, the relevant administrative departments and the people's government where the residential area is located.

Eleventh residential development and construction cycle is long, or the occupancy rate has not reached 50% after delivery, the residential development and construction unit is responsible for property management or hire property management companies for preliminary management.

After the establishment of the property management committee, the property management enterprise shall be selected or dismissed by it.

Chapter II Property Management Enterprises

Twelfth property management enterprises (including foreign-funded and overseas property management enterprises) must hold the property management qualification certificate issued by the municipal property management department and register with the administrative department for industry and commerce before accepting the entrustment to undertake the property management of residential quarters.

Thirteenth property management companies to implement property management in residential areas according to the entrustment contract. The entrusted management contract shall include the following contents: entrusted management matters, management standards, management authority, management term, management expenses, supervision and inspection, liability for breach of contract and other rights and obligations.

Fourteenth property management companies will be the following matters in residential areas into the scope of management:

(1) Maintenance of houses;

(two), roads, public places and houses * * * with stairs and walkways cleaning;

(3) Maintenance and management of flowers, trees, green space and greening facilities;

(four), the use and operation of commercial outlets, bicycle sheds, parking lots and other facilities;

(five), water supply, power supply, lighting, drainage, roads, gas supply, heating and other municipal facilities maintenance (specific division of labor management measures shall be stipulated separately);

(6) Safety and security;

(seven), the property management department and other property management matters stipulated in the entrusted management contract.

Fifteenth property management enterprise rights:

(a), according to the relevant provisions, combined with the actual situation to develop residential property management measures;

(two), according to the property management contract and property management measures, the implementation of management of residential areas;

(three), according to the relevant provisions of the property management fee;

(four), to stop the violation of residential regulations, have the right to claim compensation for the damage caused;

(five), please assist the management committee;

(six), hire a franchise company or hire someone to undertake special service business;

(seven), to carry out a variety of operations, with its income to supplement the district management funds.

Article 16 Obligations of a property management enterprise:

(a), the full performance of the property management contract, operating 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 deliberation and decision;

(four), accept the supervision and guidance of the property management department and the relevant administrative departments and the people's government where the residential area is located;

(five), found in violation of laws, regulations and rules of behavior should be promptly reported to the relevant administrative organs.

Seventeenth property management enterprises can enjoy the preferential policies of the state for the tertiary industry.

Chapter III Convention on Property Owners and Users

Article 18 The Convention on Property Owners and Users as mentioned in these Measures (hereinafter referred to as the Convention) refers to the code of conduct promised by the property owners and users of real estate, which binds the rights and obligations of all property owners and users and related persons in the use, maintenance and management of residential quarters.

Nineteenth model text of the Convention shall be uniformly designated by the municipal property management department, and the administrative committee may make amendments and supplements according to the actual situation of the residential areas under its jurisdiction.

The Convention shall comply with laws, regulations and relevant provisions.

Twentieth real estate owners and users of residential areas, must sign a convention with the property management companies, the convention should include the following contents:

(a), the name of the residential area, the head of the household and the place of residence and area;

(two), the name of the property management enterprise and the service content it should provide;

(three), the rights and obligations of real estate property owners and users;

(4) Management fees for residential quarters;

(5) Liability for violating the Occupation Convention.

Twenty-first real estate owners and users should use houses and other public facilities in accordance with the relevant provisions, pay relevant fees, and consciously safeguard the normal management order of the community. Have the right to request the CMC to replace the property management enterprises with poor service, and have the right to dissuade, stop and report industries that hinder the management order and production order of residential quarters and damage public facilities.

Twenty-second real estate property owners and users shall comply with the following provisions:

(a), shall not change the housing structure, appearance and use, illegal chisel, demolition, construction.

(two), shall not store flammable, explosive, toxic, radioactive and other items (except household fuel);

(3) Do not trample or occupy green space;

(four), shall not occupy staircases, corridors, roofs, platforms, roads, parking lots, bicycle sheds and other public facilities;

(5) No littering, pasting, scribbling or hanging;

(6) Don't park the vehicle at will;

(7) No toxic or harmful substances shall be discharged;

(eight), shall not use the house to engage in activities that endanger public interests.

Chapter IV Property Management Funds

Twenty-third real estate development and construction units according to the residential construction and installation project cost of 2% extraction of property management public facilities maintenance fund, to the CMC for special use. Measures for the administration of the use of maintenance funds for public facilities in property management shall be formulated separately.

Twenty-fourth property management companies in accordance with the provisions of the comprehensive service fee, comprehensive service fee standards according to the actual needs of each residential area and service content after the consent of the municipal property management department, approved by the Municipal Price Bureau. The charging method shall be formulated by the Municipal Price Bureau in conjunction with the municipal property management department.

Twenty-fifth property management companies to provide special services and special services for real estate owners and users in residential areas, should be open to the basic price of fees, the implementation price is determined by both parties through consultation.

Article 26 A property management enterprise shall report the income and expenditure of property management fees to the CMC once every six months, announce the income and expenditure of property management fees to real estate owners and users once a year, and accept the supervision and inspection of the property administrative department and the price and tax departments at any time.

Twenty-seventh supporting commercial outlets in residential areas can entrust property management companies to operate and manage, and the operating income is used to supplement property management fees.

Chapter VI Reward and Punishment

Twenty-eighth residential property management should be included in the assessment of urban management target responsibility system, and an excellent residential area selection activity should be carried out every year. Residential areas with outstanding property management achievements shall be commended and rewarded by the municipal property management department after being approved by the Municipal People's Government.

Twenty-ninth real estate property owners and users in violation of the provisions of article twenty-second, property management companies should discourage and stop, and demand restitution and compensation for losses.

Thirtieth property management companies in violation of these measures, one of the following acts, real estate property owners and users have the right to complain to the CMC; The CMC has the right to stop it and ask it to make corrections within a time limit. If the interests of the owners and users of real estate are damaged, they have the right to claim compensation. If the circumstances are serious, have the right to terminate the entrusted management contract:

(a), housing and public facilities and equipment repair is not timely;

(two), the management system is not perfect, management confusion;

(three) to expand the scope of fees and raise the standard of fees without authorization;

(4) Changing the use of real estate and facilities without authorization;

(five), other acts of non-performance of the property management contract.

Thirty-first real estate property owners, users fail to pay the fees payable in accordance with the provisions, the property management enterprise may require them to pay within a time limit, and an additional 3% fine for delaying payment. If it still fails to pay within the time limit, it will be called in accordance with the Convention on Residential Areas and relevant regulations. If it refuses to pay for half a year, the property management enterprise may apply to the people's court for compulsory recovery.

Article 32 If the development and construction unit fails to pay the public facilities maintenance fund according to the regulations, the district/county property management department shall order it to pay within a time limit and impose a 3% late fee. If it fails to pay within the time limit, it may apply to the people's court for compulsory execution.

Thirty-third without the qualification examination of the municipal property management department, the district and county property management departments shall order them to handle the qualification examination within a time limit; If it is still not handled within the time limit, the municipal property management department will impose a fine on it. If there is illegal income, it will be fined up to 30,000 yuan, and if there is no illegal income, it will be fined 1 10,000 yuan.

Thirty-fourth city or district, county property management departments, property management companies due to poor management caused by the deterioration of residential property management and living environment, it should be given a warning, rectification within a time limit and recover their qualification certificates; The recovered qualification certificate shall be handed over to the administrative department for industry and commerce for handling according to law.

Thirty-fifth if a party refuses to accept the decision of administrative departure, it may, within 05 days from the date of receiving the notice of punishment, apply for reconsideration or bring a lawsuit to the higher authorities that made the decision on punishment. If an administrative lawsuit is not brought within the time limit for applying for reconsideration and the decision on punishment is not complied with, the department that made the punishment provisions shall apply to the people's court for compulsory execution.

Chapter VII Supplementary Provisions

Article 36 These Measures shall be implemented as of the date of promulgation.