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Measures for the implementation of the management of property service charges in Changzhou residential quarters
Article 1 In order to promote the healthy development of the property service industry in our city, standardize the behavior of property service charges, and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the General Principles of the Civil Law, the Property Law, the Regulations on Property Management, the Measures for the Administration of Property Service Charges, and the Measures for the Administration of Property Service Charges in Jiangsu Province.
Article 2 These Measures shall apply to the charging behavior of property service enterprises registered by the administrative department for industry and commerce within the urban area of this Municipality and meeting the qualification management requirements of the property management administrative department.
Article 3 The term "property service fee" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners or property users for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in relevant areas.
Article 4 The municipal and district price administrative departments shall, jointly with the property management administrative departments, be responsible for the management and supervision of property service charges in the urban areas of this Municipality.
Fifth property service charges should follow the principles of openness and rationality, and the charging items and standards should be adapted to the content and quality of services, and determined according to the cost of property services, statutory taxes and fees and reasonable profits.
Sixth property service charges, according to the nature and characteristics of the property and other different situations, respectively, the implementation of government guidance price and market adjustment price.
Ordinary residential property public service charges, the implementation of government guidance.
Public service charges for non-ordinary houses, office buildings, commercial buildings, factories and other properties meet the needs of some owners and users or the special services entrusted by them, and the service charges for agency services are subject to market adjustment.
Seventh ordinary residential property public service charges subject to government guidance prices shall be implemented in accordance with the measures and standards for property public service charges formulated by the municipal price administrative department in conjunction with the property management administrative department.
Before the establishment of the owners' committee, the development and construction unit shall, according to the property characteristics and service requirements, select the service level standards item by item, and conduct the preliminary property service bidding or negotiation within the scope of the corresponding charging standards, and stipulate the specific service items and charging standards in the contract with the selected property service enterprises, and the property service enterprises shall report to the local price administrative departments for the record. At the same time, the realty service enterprise or the development and construction unit shall stipulate the charging standard in advance with the property buyer in the preliminary realty management service agreement, and at the same time stipulate the content, service quality and related matters of the realty service. The price administrative department and the property management administrative department shall strengthen the management and supervision of the bidding process and the price behavior afterwards.
After the establishment of the owners' committee, after the owners' committee has obtained the consent of the owners' congress, the charging standard for ordinary residential property services will be agreed with the property service enterprises in the property service contract within the scope of government guidance price, and the content, service quality and related matters of property services will be agreed at the same time, which will be reported to the local price administrative department for the record by the property service enterprises.
Article 8 Before the establishment of the owners' committee, the development and construction unit or the property service enterprise and the property buyer shall stipulate in the preliminary property service contract that the property service charges shall be subject to market-adjusted prices; After the establishment of the owners' committee, the owners' committee shall, with the consent of the owners' congress, implement the agreement with the realty service enterprise in the realty service contract.
The administrative departments of price and property management at all levels shall strengthen the guidance and standardization of the behavior of charging property services at market-regulated prices, and promote the parties to agree on fees and related matters reasonably according to law.
Ninth property service charges can be agreed 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 service enterprise, and the profit and loss are borne by the property service enterprise.
The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.
Tenth property services generally include the following parts:
(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;
(two) the cost of maintaining the regional order of property management;
(three) the cost of cleaning the property management area;
(four) the cost of greening and maintenance in the property management area;
(five) the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;
(6) office expenses;
(7) Distribution of management fees;
(8) Depreciation of fixed assets;
(nine) * * parts of the property, * * facilities and equipment and public liability insurance fees;
(ten) other expenses agreed by the owner;
(eleven) reasonable profits, of which: the maximum for ordinary houses is not more than 8%;
(12) statutory taxes and fees.
Eleventh property service fees are calculated according to the construction area recorded in the housing register; If it has not been registered, it shall be temporarily calculated according to the construction area recorded in the house sales contract. For independent annex houses that cannot be registered for ownership, the property service fee shall be calculated according to the use area; For independent attached houses (independent garages) with property rights registration, the property service fee shall be calculated according to the construction area.
Twelfth owners and users should pay the property service fee according to the time agreed in the previous property management service agreement as the initial time; If there is no agreement in the contract, the delivery time of the house agreed in the occupancy notice (meeting the delivery conditions of completion acceptance) shall be the first payment time for paying the property service fee.
The realty service enterprise may prepay the realty service fee in installments according to the previous realty management service agreement or realty service contract, and the prepayment time is generally not more than half a year. Unless otherwise agreed in the agreement or contract, such agreement shall prevail.
Thirteenth included in the scope of property management services has been completed but not yet sold.
Or the property that is not delivered to the property buyer on time due to the reasons of the development and construction unit, the property service fee shall be paid in full by the development and construction unit.
The property developed, built and delivered by stages will cause noise, dust and environmental pollution to the owners who move in early. Owners who check in early can pay 80% of the property service fee according to the prescribed standards, and the development and construction unit will compensate the property service enterprises for the difference.
If the owner fails to go through the check-in formalities in time, the property service fee during the period shall be paid by the owner according to 70% of the prescribed standard. For the vacant property that has not been occupied or used for a long time (more than six months in a row) after the owner has gone through the check-in formalities, the owner shall submit a written application to the property service enterprise in advance, and the property service fee during the period shall be paid by the owner according to 70% of the prescribed standard after being confirmed by the property service enterprise.
The property service fee for supporting houses of non-operating public buildings in residential quarters shall be paid by the property owners or users, and the charging standard shall be determined by the property service enterprises, property owners and users through consultation within the scope of the actual implementation standards of the houses.
Article 14 Before the establishment of the owners' committee, if the property is operated by * * * parts and * * * facilities and equipment, 30% of the income will be used to subsidize the property service fee, and 70% will be included in the special housing maintenance fund after deducting the operating expenses of the property service enterprise. After the establishment of the owners' committee, if the property is operated by the * * * part and the * * * facilities and equipment, the proceeds shall be owned by all the owners according to law, and the remaining part after deducting the operating expenses of the property service enterprises shall be mainly used to supplement the special maintenance funds, which can also be used according to the decision of the owners' meeting.
Article 15 If the electricity charges for air conditioning, pumps and other equipment, public lighting and public water of the property are included in the withholding fees, the property service enterprise shall make separate accounting and share them reasonably and openly. The specific allocation method shall be determined by the owners' committee and the realty service enterprise through consultation. If the owners' committee has not been established, the realty service enterprise shall share it with the owners reasonably and openly in accordance with the actual expenses and the agreed way.
(The above answers were published on 20 13-09- 13. Please refer to the current actual purchase policy. )
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