Full text of property management measures for residential quarters in Weifang city

Full text of property management measures for residential quarters in Weifang city

"Weifang residential property management measures" has been adopted at the 29th executive meeting of the municipal government on August 7th, 2000/kloc-0, and is hereby promulgated.

Mayor Wang

200 1 Aug19th.

Measures of Weifang Municipality on Property Management of Urban Residential Quarters

Chapter I General Principles

Article 1 In order to standardize property management behavior, safeguard the legitimate rights and interests of owners, non-owners and property management enterprises, and ensure the rational use of property, these Measures are formulated in accordance with the Measures for the Administration of Newly Built Urban Residential Quarters of the Ministry of Construction, the Measures for the Administration of Property in Urban Residential Quarters of Shandong Province and related policies, and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the property management of urban residential quarters with unified planning and construction, relatively complete supporting facilities and construction land scale of 654.38+100000 square meters or more within the administrative area of this Municipality.

Article 3 The term "property" as mentioned in these Measures refers to the houses that have been completed and delivered for use and their ancillary equipment, facilities and related sites.

The term "property management" as mentioned in these Measures refers to the activities in which property management enterprises accept the entrustment of owners, owners' committees or other organizations to maintain, repair and manage the property and provide assistance in management or services for public order, traffic, fire protection, environmental sanitation, greening and other matters within the property area.

Article 4 A property management enterprise shall accept the supervision and guidance of the neighborhood committee where the community is located, and the neighborhood committee shall support the property management enterprise to independently carry out business and service activities according to law.

Property management should follow the principle of combining owner autonomy with professional services, and gradually implement socialized, professional and operational management.

Fifth city real estate administrative departments responsible for the city's property management guidance, supervision and industry management. County and urban real estate management departments are the competent departments of property management within their respective administrative areas.

Construction, planning, civil affairs, industry and commerce, prices, public security, municipal and other relevant departments shall, in accordance with their respective responsibilities, cooperate in the relevant work of property management.

Chapter II Owners, Owners' Congress and Owners' Committee

Sixth owners have the right to manage the * * * part of the property and the * * * affairs according to law.

All the owners in the property management area form the owners' meeting, and if there are a large number of owners, they can form the owners' meeting (hereinafter referred to as the owners' meeting).

Seventh owners' meeting shall be attended by more than half of the owners with voting rights. The decision of the owners' meeting shall be adopted by more than half of the voting rights held by the owners present at the meeting.

Article 8 Where the delivered building area of a property reaches more than 50%, or the delivered building area reaches more than 30% but less than 50%, and the service life of the property exceeds 1 year, the first owners' meeting shall be held and the owners' committee shall be elected. A property management area establishes an owners' committee.

The property management department where the property is located shall guide the owners to hold the first owners' meeting.

Article 9 The owners' committee is an unincorporated organization approved and registered by the property management department, which represents and safeguards the legitimate rights and interests of all owners in the implementation of property management.

The owners' committee shall, within 30 days from the date of election, register with the property management department where the property is located.

Article 10 The owners' committee shall perform the following duties:

(a) to convene and preside over the owners' meeting;

(two) to draft the owners' convention, the draft articles of association of the owners' committee or the revised draft, and submit it to the owners' congress for adoption;

(3) Selecting or dismissing a property management enterprise, and concluding, modifying or terminating a property management contract with the property management enterprise;

(four) in accordance with the provisions of laws, regulations and policies, responsible for the renewal of the maintenance fund for the parts, equipment and facilities of the property (hereinafter referred to as the maintenance fund), and supervise the use and management of the maintenance fund;

(five) to examine and approve the annual work plan, budget and final accounts of the property management service fee proposed by the property management enterprise;

(six) to listen to the opinions and suggestions of the owners and non-owners, and to supervise and support the management service activities of the property management enterprises; (seven) the implementation of the resolutions and decisions of the owners' congress; (eight) to supervise the compliance with the owners' convention and the implementation of the property management system; (nine) other duties entrusted by the owners' congress. The matters specified in the second, third and fourth items of the preceding paragraph shall be approved by the owners' congress. The expenses required for the activities of the owners' committee shall be shared by all owners.

Article 11 The owners' committee shall hold regular meetings. The meeting shall be attended by more than half of the members, and its decision shall be valid only if it is approved by more than half of all the members.

The decisions made by the owners' committee shall be published and shall be binding on all owners and non-owners within the property management area.

Chapter III Property Management Services and Charges

Twelfth property management enterprises must be registered in accordance with the law, and approved by the municipal property management department or the superior construction administrative department according to the prescribed procedures, and receive the "Property Management Enterprise Qualification Certificate" before engaging in property management business.

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

Thirteenth before the property sale (pre-sale) takes effect, the development and construction unit shall hire a property management enterprise to undertake property management services and sign a property management contract with it. The management fee shall be borne by the development and construction unit.

Fourteenth property sales (pre-sale), the development and construction unit or its selected property management companies and property buyers shall sign a preliminary property management service agreement, and take it as an annex to the property sales (pre-sale) contract.

Fifteenth after the establishment of the owners' committee, the owners' committee selects a property management enterprise, and both parties shall sign a property management contract.

Sixteenth property management contracts or preliminary property management service agreements shall stipulate the following property management services:

(a) the daily maintenance and management of the parts used by the property;

(two) the daily maintenance and management of the facilities and equipment used by the property and their operation;

(3) Environmental sanitation and greening management services;

(four) to assist in the management of public order, fire protection, transportation and other services in the property management area;

(5) Property decoration management services;

(6) Account management of maintenance funds;

(seven) property file management;

(eight) other matters that the parties think need to be agreed.

Seventeenth development and construction units should provide necessary property management services in the property management area, and their property rights belong to all owners.

Eighteenth property management should follow the principle of combining unified management with professional services.

In an independent or demarcated property management area, the owners or owners' committee can only employ one property management enterprise. A property management enterprise may entrust the special business within the management area to a franchise company, but may not entrust the overall management service of property management to others.

Nineteenth property management service charges, should follow the principle of reasonable, open and adapt to the quality of service, and distinguish between different situations and different projects, respectively, the implementation of government pricing, government guidance price and market adjustment price three forms of price management.

To provide public services such as public health, security, greening and maintenance of public facilities for the property owners and users of ordinary residential quarters, and the fees shall be subject to government pricing; Public services provided for high-standard residential quarters such as senior apartments and villas, and public agency services provided for all kinds of owners and users, including paying water, electricity, cable TV and telephone charges. , which belongs to the government guidance price; For the special services provided for the individual needs of the owners and users, the charging standard shall be determined by both parties through consultation and reported to the local price department for the record. Where government pricing or government-guided pricing is implemented, the charging items and standards shall be determined by the competent price department in conjunction with the competent property management department in accordance with the relevant provisions of the state and shall be published.

Twentieth property management companies should announce the specific charging items and standards of property management services to all owners, and make public accounts regularly, and accept the supervision and inquiry of all owners and owners' committees.

Twenty-first property management service fees charged by the property management enterprises to the owners in accordance with the provisions of the property management contract.

If the owner and the non-owner user agree that the non-owner user will pay the property management service fee, such agreement shall prevail, but the owner shall ultimately bear the responsibility for payment. Property management service fees can be charged in advance through negotiation between both parties. Property management service fees have been charged to owners or non-owners who use them, and no other unit or individual may charge them repeatedly.

Twenty-second development and construction units have not sold or leased the property, the management service fee shall be borne by the development and construction unit, and the specific payment standard shall be determined by both parties through consultation.

Twenty-third development and construction units in the sale of housing, according to the proportion of 3% of the housing price, to the buyer to collect residential property management funds. When the owner handles the house ownership certificate, the development and construction unit shall hand over the collected public funds to the property management department for escrow. After the establishment of the owners' committee, the property management department will hand over the public funds to the owners' committee for management, and the funds will be collectively owned by the owners of residential houses.

Before the establishment of the owners' committee, the use of public funds shall be proposed by the development and construction unit or the entrusted property management enterprise, and approved by the property management department. After the establishment of the owners' committee, the use of public funds is proposed by the property management enterprise and implemented after being reviewed and approved by the owners' committee.

Twenty-fourth housing reform housing for the sale of public housing, housing units must be based on the proportion of +05% of the public housing after-sales maintenance fund. The maintenance fund is owned by the selling unit, stored in a special account and used for special purposes. Before the implementation of these measures, if the maintenance fund is not established after the sale of public housing or the establishment standard of maintenance fund is lower than the provisions of these measures, the unit selling houses shall establish or supplement the principal and interest of maintenance fund within a time limit. After the implementation of these measures, if the public housing is purchased, the house maintenance fund will be charged to the purchaser at 2% of the appraised house price when the house selling unit collects the house price, and part of the maintenance fund will be managed according to the housing fund management measures provided by the employer. The public housing that has been sold before the implementation of these measures can be repaid by the buyers according to the proportion of 2% of the cost price of the house sold at that time, or according to the purchase area, according to the annual rate of 1? 3 yuan stewed square meters, and paid the maintenance funds of all parts to the property management company.

The interest income of the maintenance fund extracted from the income from selling houses shall be applied for according to the housing maintenance plan of the owners or property management enterprises, but the principal of the maintenance fund shall not be extracted; The maintenance fund paid by the owner to the property management enterprise can be used for its principal and interest. If the interest of the maintenance fund or the maintenance fund paid by the owner is not enough to pay the maintenance cost, the owner can share it according to the share of the residential construction area he owns.

Twenty-fifth when the owner transfers the property, the remaining expenses of the property management company's * * * funds and residential maintenance fund account will not be refunded and will continue to be used for the maintenance and renewal of residential parts, equipment and facilities.

Twenty-sixth water supply, power supply, gas supply, heating, roads, drainage, communications, cable television and other municipal public facilities in the property management area to implement new construction, maintenance, renovation projects, should be in accordance with the relevant provisions of the construction procedures, and do a good job in the restoration work after construction.

Chapter IV Use and Maintenance of Property

Twenty-seventh new property is completed, the development and construction units must apply for comprehensive acceptance in accordance with the provisions. Comprehensive acceptance shall be organized and implemented by the construction administrative department in accordance with the provisions of the "Administrative Measures for Comprehensive Acceptance of Urban Residential Areas" of the Ministry of Construction. Only those who pass the comprehensive acceptance can go through the formalities of property management transfer.

Article 28 When a property management enterprise takes over the property, the entrusting party of the property management shall hand over the following property files to the property management enterprise:

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

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

(3) Completion drawings of ancillary facilities and underground pipe network projects;

(four) technical information on the installation, use and maintenance of facilities and equipment;

(five) certification materials for the completion and acceptance of a single project;

(six) property quality assurance documents and property use documents;

(7) Property right information of houses and supporting facilities;

(eight) other information required for property management.

When the property management contract or preliminary property management agreement is terminated, the property management enterprise shall hand over the property files specified in the preceding paragraph to the property management entrusting party or the property management enterprise designated by it.

Twenty-ninth property management areas prohibit the following acts:

(a) damage the load-bearing structure of the house, damage the appearance of the house, and change the use of the house without authorization;

(two) occupation or damage to * * * housing, * * housing equipment and facilities;

(three) without the approval of the relevant government departments, unauthorized construction, unauthorized stalls;

(four) occupation of green space, destruction of greening;

(5) Dumping or discarding garbage and sundries at will;

(six) stacking flammable, explosive, toxic and radioactive substances, discharging toxic and harmful substances or making noise exceeding the prescribed standards;

(7) Opening doors and windows without permission or hanging, pasting, scribbling or portraying on buildings and structures;

(eight) the use of property to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others;

(nine) other acts prohibited by laws, regulations and policies and the owners' convention.

Thirtieth property management companies to the property * * * with parts, * * with equipment and facilities maintenance, the relevant owners and non-owners must give cooperation. If the owner or non-owner user obstructs the maintenance and causes property loss or property loss, the responsible person shall be responsible for repair or compensation.

Chapter V Punishment Rules

Article 31 Whoever engages in the property management business of residential quarters without obtaining the qualification certificate of the property management enterprise shall be ordered by the property management department to complete the formalities within a time limit in accordance with the provisions of the Measures for the Property Management of Urban Residential Quarters in Shandong Province, and may also be fined 6,543,800 yuan.

Thirty-second property management companies that charge fees in violation of the national price policy shall be punished by the competent price department according to the relevant provisions of the state.

Thirty-third property management companies have one of the following acts, the owners and non-owners have the right to complain; The owners' committee has the right to stop it and ask it to make corrections within a time limit; The real estate management department may, according to the provisions of the Measures for the Administration of New Urban Residential Areas, give a warning, order it to make corrections within a time limit, compensate for losses and impose a fine:

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

(two) the management system is not perfect and the management is chaotic;

(three) unauthorized construction, change the use of property and facilities;

(four) do not fulfill the obligations stipulated in the property management contract and management measures.

Article 34 if a public housing selling unit fails to withdraw the maintenance fund in full in accordance with the provisions, the financial department and the property management department shall order it to make up the principal and interest of the maintenance fund within a time limit in accordance with the provisions of the Measures for the Administration of Maintenance Funds for Facilities and Equipment in Residential Areas; If it is still not fully extracted within the time limit, it shall be fined in 0.3 yuan every day from the date of extraction. Fine.

Article 35 If a party refuses to accept a specific administrative act of an administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If a party fails to apply for reconsideration or bring a lawsuit within the statutory time limit, and fails to perform a specific administrative act, the administrative department that has made the specific administrative act shall apply to the people's court for compulsory execution.

Chapter VI Supplementary Provisions

Thirty-sixth residential areas built before the implementation of these measures should gradually implement property management on the basis of comprehensive improvement.

Thirty-seventh approach by the Weifang City Housing Authority is responsible for the interpretation of.

Article 38 These Measures shall come into force as of the date of promulgation. Decree number. The municipal government 13 Interim Measures for the Administration of Urban Residential Areas in Weifang shall be abolished at the same time.

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