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The full text of "Shaoxing property management measures"

Due to the late start of China's property management industry and the low degree of marketization, there are many problems in the development of the industry. For a long time in the initial stage of the industry, the service level of property management enterprises is mixed, the management price is inconsistent with the quality, violations of regulations and infringements occur from time to time, and the complaint rate remains high. Below I have compiled the full text of Shaoxing property management measures for everyone. Let's see:

Chapter I General Principles

Article 1 In order to standardize property management activities and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the relevant provisions of the Regulations on Property Management of the State Council and the Regulations on Property Management of Zhejiang Province, combined with the actual situation of Shaoxing City.

Article 2 These Measures shall apply to the property management, use, supervision and management within the urban area of Shaoxing.

Article 3 The term "property management" as mentioned in these Measures refers to the activities of owners and property service enterprises to maintain, conserve and manage houses and their supporting facilities, equipment and related sites in accordance with the property service contract by hiring property service enterprises, so as to maintain environmental sanitation and order in relevant areas.

Fourth City Construction Bureau (hereinafter referred to as the administrative department of property) is responsible for the supervision and management of urban property management.

Paojiang Industrial Zone and Jinghu New District Management Committee are responsible for the specific supervision and management of property management in this area.

Urban management, planning, industry and commerce, public security, price, construction, radio and television, telecommunications, electricity, water, sanitation, gas and other departments and units shall, in accordance with their respective responsibilities, assist in the supervision, management and service of property management in urban areas.

The town government and neighborhood offices are responsible for coordinating the relationship between property management and community construction, and assisting in the guidance and supervision of property management.

Chapter II Owners, Owners' Congress and Owners' Committee

Fifth owners in the property management activities, enjoy the rights stipulated in the "Regulations on Property Management" of the State Council, and shall fulfill the obligations stipulated in the "Regulations on Property Management" of the State Council.

Article 6 All owners in the property management area form the owners' meeting.

The owners' congress shall represent and safeguard the legitimate rights and interests of all owners related to property management, and perform the duties stipulated in the Regulations of the State Council Municipality on Urban Property Management.

If the number of owners in the property management area is small and all owners agree unanimously, the owners' meeting may not be established, and the owners * * * shall perform the duties of the owners' meeting and the owners' committee.

Seventh a property management area to set up an owners' meeting.

The property management area is divided by the property administrative department (including Paojiang Industrial Zone and Jinghu New District Administrative Committee, the same below) in conjunction with the town government and sub-district offices according to the facilities and equipment configuration, building scale, community construction and other factors of the property. The division of property management areas shall solicit the opinions of residents' committees.

Newly built residential areas with the same supporting facilities and equipment, including residential areas built by stages or developed by more than two units, shall be divided into one property management area.

If the newly developed houses within the planning scope of the old city are adjacent to the original houses in the surrounding residential areas, they can be merged into a property management area with the consent of the relevant owners.

Eighth property management area has one of the following conditions, the property administrative department shall guide the owners to set up a preparatory group for the owners' meeting to prepare for the first meeting of the owners' meeting:

(a) the sales delivery of housing construction area reached more than 60% of the total construction area of the property;

(2) The first house has been sold and delivered for two years, and the construction area of the house sold and delivered has reached more than 30% of the construction area of the property.

Article 9 The preparatory group for the owners' congress consists of representatives recommended by the owners and representatives of the construction unit and residents' committee. The specific measures for the generation of representatives are:

(a) by the prophase realty service enterprise (no prophase realty service enterprise by the town government, neighborhood offices, residents' committees where the property is located) in the property area to consult the opinions of the owners, and organize the election of one to three owners' representatives;

(2) One or two local residents' committee staff are designated as representatives by the town government and street offices where the property is located (if the residents' committee is not established, the town government and street offices shall elect representatives in their units);

(three) the property administrative department requires the construction unit to recommend one or two representatives.

The preparatory group determines the convener, takes the lead in formulating the rules of the preparatory group, and makes corresponding preparations. If the preparatory group is unable to determine the convener, it shall be directly designated by the property administrative department in the owner's representative, the construction unit and the residents' committee.

The list of members of the preparatory group shall be published in writing within the property management area within three days from the date of establishment.

The preparatory group shall notify all owners of the time, place, topics and agenda of the meeting fifteen days before the first owners' meeting, and inform the local property authorities, town government, neighborhood offices and residents' committees. The unit receiving the notice shall send representatives to attend the meeting and give necessary guidance.

The preparatory funds for the first owners' meeting shall be borne by the construction unit. The construction unit shall, before the completion and acceptance of the property, prepay the preparatory funds to the property administrative department at one time, and the property administrative department shall collect and escrow them. The use of reserve funds should be frugal and reasonable, and more refunds and less subsidies should be implemented. The specific prepayment standard is 50,000 square meters below the property per square meter 1 yuan, and 50,000 square meters above the 0.5 yuan per square meter.

Article 10 The form of the meeting of the owners' congress, the way in which the owners elect their representatives, the expression of opinions, the number of voting rights of the owners at the first meeting of the owners' congress and the number of voting rights required for the owners' congress to make a decision shall comply with the relevant provisions of the Regulations of Zhejiang Province on Property Management.

Eleventh meetings of the owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress.

If more than 20% of the owners in the property management area propose or meet the conditions stipulated in the rules of procedure of the owners' congress, the owners' committee shall organize an interim meeting of the owners' congress.

Article 12 The owners' committee shall be elected by the meeting of the owners' congress. Members of the owners' committee shall meet the conditions stipulated in the Regulations of the State Council Municipality on Urban Property Management.

The owners' committee is the executive body of the owners' congress, and performs the duties stipulated in the Regulations on Property Management of the State Council according to law.

Thirteenth owners' committee shall, within thirty days from the date of election, hold the minutes of the owners' meeting, the decisions of the meeting, the rules of procedure and the owners' convention and other relevant documents to the property administrative department for the record.

The property administrative department shall issue the record certificate of the owners' congress and the owners' committee and the seal engraving certificate to the owners' committee elected according to law. The owners' committee shall engrave and use seals according to law.

If the contents of the record of the owners' committee change, it shall be re-filed.

Article 14 The owners' committee is composed of 5 to 15 people according to the scale of the property management area, with 1 director and 1 to 3 deputy directors. The meeting of the owners' committee shall be convened by the director or the deputy director entrusted by the director. The meeting of the owners' committee must be attended by more than half of the members, and the decision must be agreed by more than half of all the members of the owners' committee.

Matters that need to be discussed and decided by the owners' committee shall be announced in the property management area three days before the meeting, and listen to the suggestions and opinions of the owners and non-owners.

Fifteenth owners' committee and its members do not perform their duties according to law or their actions harm the interests of all owners, the owners in the property management area may propose to convene an interim meeting of the owners' congress in accordance with the provisions of the third paragraph of Article 11 of these measures. If the owners' committee fails to convene an interim meeting of the owners' congress as required, the property administrative department, the town government, the subdistrict office and the residents' committee shall guide the owners to convene.

Article 16 The owners' convention shall stipulate the use, maintenance and management of the parts and facilities of the property, the management of environmental sanitation and order in the property management area, the maintenance of the appearance of the house, other obligations of the owners and the responsibilities that should be borne in violation of the owners' convention.

The owners' convention shall come into effect as of the date of deliberation and adoption by the owners' congress, and shall be binding on all owners and non-owners.

Article 17 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, the method of determining the number of owners' voting rights, the qualifications and number of members of the owners' committee, and the term of office.

Eighteenth owners' congress and the owners' committee to carry out the work expenses shall be stipulated by the rules of procedure of the owners' congress.

More articles on urban property management regulations:

1. Zunyi property management regulations 20 17

2. Yinchuan Property Management Regulations 20 17

3.20 17 Weifang property management regulations (latest edition)

4. Ningbo Property Management Regulations

5. Nanjing Property Management Regulations 20 17

6. Dongguan Property Management Regulations

7. The full text of Chongqing property management regulations

8. Full text of Dalian Property Management Regulations

9. The latest version of Fuzhou Property Management Regulations.

10.Xi Full text of property management regulations

Chapter III Early Property Management

Article 19 Before obtaining the pre-sale permit for commercial housing, the construction unit shall employ a realty service enterprise to conduct preliminary management of the property.

Advocate the construction unit to select property service enterprises through bidding in accordance with the principle of separating real estate development from property management.

The construction unit of residential property shall select the realty service enterprise through bidding. However, if one of the following conditions is met, with the consent of the property administrative department, the construction unit may employ the property service enterprise through agreement:

(1) There are less than three bidders;

(two) multi-storey or multi-storey and high-rise combination, planning a total construction area of less than 40 thousand square meters;

(3) The planned total construction area of independent high-rise buildings and villas is less than 20,000 square meters.

Twentieth the construction unit shall formulate a temporary convention for the owners before the property sales, as an annex to the property sales contract.

When the construction unit sells the property, it shall express the temporary convention of the owners to the property buyer and have the obligation to explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

The property sales contract signed by the construction unit and the property buyer shall include the main contents of the previous property service contract.

Article 21 If the term of the preliminary realty service contract has not expired, but the owners' meeting selects a realty service enterprise in accordance with the provisions, the preliminary realty service contract shall be terminated from the effective date of the realty service contract signed by the owners' committee and the realty service enterprise.

Twenty-second property without completion acceptance or unqualified completion acceptance, shall not be delivered for use.

When the realty service enterprise receives the property, it shall check the * * * used parts, * * used facilities and related sites of the property, and make corresponding records. Found inconsistent with the completion acceptance data or quality problems, it should be reported to the competent department of property management and construction industry. The competent department of property and construction industry shall order the construction unit to make rectification within a time limit.

Twenty-third in the property transfer procedures, the construction unit shall hand over the following information to the property service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion diagram, sub-building layered diagram, Xing Tao diagram, the completion of roads, underground garages, underground pipe network projects in the property area and other completion acceptance data;

(2) * * * list of facilities and equipment;

(3) Technical data such as installation, use and maintenance of facilities and equipment;

(four) property quality warranty and property use documents;

(5) List of owners;

(six) other information required by the property management.

When the prophase realty service contract is terminated, the realty service enterprise shall hand over the above-mentioned received data to the owners' committee.

Within 30 days after the completion of the property handover, the property service enterprise shall submit the inspection records, data handover list and property management house handover list of the * * * parts, public facilities and equipment and related venues to the property administrative department for safekeeping.

Twenty-fourth construction units shall allocate property management houses in accordance with the proportion of seven thousandths of the total construction area on the ground specified in the property construction project planning permit; However, all the properties in the property management area are non-residential, and the allocation ratio of property management houses is three thousandths of the total floor area specified in the Property Construction Project Planning Permit.

When examining and approving new property planning, the planning administrative department shall solicit the opinions of the property administrative department on the setting of property management houses, and define the area and location of property management houses in the approved construction project planning and design scheme. The construction unit shall, before handling the pre-sale permit of commercial housing, go to the property management department to confirm the property management space, and submit the relevant information of the previous property management to the property management department.

Due to the adjustment of planning in accordance with the law, after the completion and acceptance of the property, the measured above-ground construction area exceeds the above-ground construction area stipulated in the planning permission of the construction project, and the construction unit shall supplement the allocation of property management space for the excess part in accordance with the proportion specified in the first paragraph of this article; If it is really impossible to make up the share, the corresponding price of the insufficient part shall be paid according to the average sales price of the property within the property management area, and shall be included in the special maintenance fund or used for other needs in property management according to the decision of the owners' meeting.

The construction unit shall, according to the requirements of the planning department, transfer the community management houses to the relevant units for use and management.

Twenty-fifth property management houses belong to all owners according to law. Without the consent of the owners' meeting, its use shall not be changed. Property management houses shall be registered and put on record by property management agencies.

Within thirty days after the completion and acceptance of the property management house, the construction unit shall hand over the property management house with the property service enterprise.

Chapter IV Property Management Services

Twenty-sixth a property management area is provided with property services by a property service enterprise.

Advocate owners to choose property service enterprises through an open, fair and just market competition mechanism.

Twenty-seventh property services companies to undertake the property, it should be with the owners' committee for property handover and acceptance procedures.

The owners' committee shall hand over the information specified in the first paragraph of Article 23 of these Measures to the realty service enterprise.

Article 28 A realty service enterprise shall provide services in accordance with the stipulations of the realty service contract.

Property service enterprises should regularly listen to the opinions and suggestions of owners and non-owners, and cooperate with residents' committees to do a good job in community management.

Twenty-ninth owners should pay the property service fee in full and on time according to the property service contract. If the owner and the non-owner user agree that the non-owner user will pay the property service fee, the owner shall bear joint liability from the agreement.

Property that has been completed but has not been sold or delivered to the property buyer shall be paid in full by the construction unit.

When dealing with property rights, buyers and sellers should have a clear agreement on the settlement of property service fees.

Thirtieth water supply, power supply, gas supply, heating, communications, cable television and other professional units. No related fees shall be charged to the end users in the property management area, and no related fees shall be charged to the property service enterprises. If it is really necessary to entrust a property service enterprise to collect relevant fees, it shall sign an entrustment agreement and pay the corresponding collection fees.

The end user of residential property shall be determined in accordance with the following provisions:

(a) The exclusive part takes a single owner as the end user;

(2) Some owners * * * regard some owners of this * * * as end users;

(3) All owners * * * take some of them as end users.

Article 31 The town government, sub-district offices and residents' committees shall mediate disputes over the rights and interests of owners and non-owners in the use of property, and cooperate with the property administrative department or be entrusted by it to mediate conflicts and disputes between owners, non-owners and property service enterprises in property management activities.

Within the jurisdiction of the town government (street offices), a joint meeting system of property management shall be established with the participation of the town government (street offices), property authorities, residents' committees, owners' committees, property service enterprises and other units and personnel. The joint meeting is convened by the town government (street office), which mainly coordinates the convening of an interim meeting of the owners' congress, the failure of the owners' committee to convene according to law, the failure of the owners' committee to sign, renew, change and terminate the property management service contract on behalf of the owners within the specified time, and other issues that affect the stability of the property management area.

Thirty-second property service contract expires if the parties do not renew the contract or request to terminate the contract in advance, the property service enterprise shall withdraw from the property management in an orderly manner according to law, and the specific measures for the withdrawal of the property service enterprise from the property management shall be formulated separately.

Chapter V Use and Maintenance of Property

Thirty-third owners, property services companies are not allowed to occupy, dig roads, sites, green spaces and other * * * use parts, * * use facilities and equipment within the property management area, which harms the interests of owners.

Thirty-fourth owners and non-owners should use the property according to the purpose stated in the certificate of real estate ownership or the design purpose approved by the planning administrative department, and may not change the nature of the use of the property. If it is really necessary to change, it shall obtain the consent of the interested parties, report to the planning, land and other relevant departments for approval, and go through the relevant formalities according to law.

Relevant individuals and units have the right to reflect and report the acts of owners and non-owners who violate the provisions of the preceding paragraph and change the nature of property use without authorization, and the relevant administrative departments shall promptly investigate and deal with them according to law.

Thirty-fifth with the consent of the owners' meeting, setting up temporary parking spaces in the property management area shall not affect the normal traffic of other vehicles and pedestrians, damage the green space and other * * * use parts, use facilities and equipment, and shall not hinder the fire escape.

Article 36 Facilities and equipment such as water supply, power supply, gas supply, heating, communication, cable TV, etc., which are legally owned by all owners in the property management area, may be handed over to relevant professional units upon the decision of the owners' meeting, and relevant professional units shall receive them in accordance with the regulations and undertake the responsibility of repair, renewal and maintenance.

Relevant professional units need to temporarily occupy or excavate roads, sites, green spaces and other * * * use parts and * * * use facilities and equipment due to maintenance, maintenance, reconstruction and expansion, etc., and shall make an announcement in advance in the property management area and restore to the original state in time, and the owners shall actively cooperate.

Thirty-seventh owners or non-owners who use houses for decoration shall inform the realty service enterprise in advance, and the realty service enterprise shall inform the owners or non-owners of the prohibited acts and matters needing attention in decoration.

Owners or non-owners who use houses for decoration shall abide by the relevant provisions of the state and the province, as well as the temporary owners' convention and the owners' convention.

Property service enterprises should strengthen the inspection of decoration safety matters in the property management area.

Thirty-eighth use of property * * * parts, * * with facilities and equipment for business activities, with the consent of the relevant owners, owners' congress, property services companies, you can apply to the relevant departments for examination and approval procedures. Owners' income is mainly used to supplement special maintenance funds, and can also be used for other needs in property management according to the decision of the owners' meeting.

Thirty-ninth residential property, residential area of non-residential property or non-residential property owners connected with a single residential building structure, should pay special maintenance funds in accordance with the relevant provisions of the state and province. Measures for the collection, use and management of special maintenance funds shall be formulated separately.

Fortieth property security risks, endangering public interests and the legitimate rights and interests of other owners, the responsible person shall timely repair and maintain, eliminate hidden dangers, and the relevant owners shall give necessary cooperation.

If the responsible person fails to perform the maintenance obligation, with the consent of the owners' meeting or the owners' committee, the property service enterprise may carry out maintenance on its behalf, and the expenses required shall be borne by the responsible person.

Article 41 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state. The construction unit may entrust the realty service enterprise with maintenance, or organize maintenance by itself.

Before the property is completed and accepted, the construction unit shall pay a one-time warranty of 2% of the total cost of the property construction and installation project to the property administrative department and deposit it in the designated bank as a guarantee for the property maintenance cost. Measures for the payment, use, management and refund of warranty funds shall be formulated separately.

Chapter VI Accountability

Article 42 Anyone who violates the relevant provisions of property management shall be investigated for responsibility by the relevant administrative departments in accordance with the State Council's "Regulations on Property Management", "Regulations on Property Management in Zhejiang Province" and other laws, regulations and rules, as well as the "Measures for the Implementation of Shaoxing City's Relatively Centralized Administrative Punishment Power" and other provisions.

Forty-third property departments and other relevant administrative departments of the staff in violation of property management laws, regulations, rules and the relevant provisions of these measures, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Forty-fourth owners decided not to hire property services companies to implement self-management, in accordance with the relevant provisions of the "Regulations on Property Management in Zhejiang Province" and these measures.

Forty-fifth counties (cities) property management can be implemented with reference to these measures.

Article 46 These Measures shall come into force as of the date of promulgation. 1997165438+10 The Interim Measures for Property Management in Shaoxing Urban Residential Quarters promulgated by the municipal government shall be abolished at the same time.