Property management in the early stage of Sichuan property management regulations

For residential property, before the owners and the owners' congress select and employ the realty service enterprise for the first time, the construction unit shall select and employ the realty service enterprise with corresponding qualifications to provide the prophase realty service through bidding. However, under any of the following circumstances, with the approval of the real estate administrative department of the people's government at the county level where the residential property is located, the realty service enterprise may be selected by agreement:

(a) the total construction area of the residential property management area is less than 30 thousand square meters;

(2) There are less than three bidders;

(3) It is otherwise stipulated by laws and regulations. Before applying for the pre-sale permit of houses or the sale of existing houses, the construction unit shall, with reference to the model text produced by the provincial administrative department of housing and urban and rural construction, formulate a temporary management statute, a preliminary property service contract and a housing use manual as annexes to the house sales contract, and submit the following materials to the real estate administrative department:

(1) A sample of the interim management agreement;

(two) the documents certifying the selection of the realty service enterprise by legal means such as bidding;

(3) The prophase realty service contract;

(four) the layout and supporting documents of the property service room and the meeting room of the owners' committee;

(5) Instructions for the use of the house. When the construction unit signs a house sales contract with the property buyer, it shall clearly indicate to the buyer the preliminary property service contract, temporary management agreement and other contents.

The property buyer shall abide by the temporary management agreement and perform the prophase property service contract. The new residential property shall be subject to the property handover and acceptance system. Before undertaking a new property, the realty service enterprise and the construction unit shall, after the completion and acceptance of the newly-built residential area, check and accept the parts and facilities of the property in accordance with the relevant provisions of the state and the stipulations of the previous realty service contract.

To undertake property inspection, the owner's representative and the real estate administrative department where the property is located shall be invited to participate, and relevant professional institutions may be hired to assist. The realty service enterprise shall, in accordance with the relevant provisions, handle the transfer procedures of the property archives and the property service archives, the ownership of the owners and other materials with the construction unit or the owners' committee.

The realty service enterprise shall, within 30 days from the date of handling the transfer formalities, report the relevant materials to the real estate administrative department of the people's government at the county level for the record. Property management area is provided with property management services by property service enterprises.

The realty service enterprise shall have the independent legal person qualification and the corresponding qualifications for engaging in realty service activities. Managers engaged in property services shall, in accordance with the relevant provisions of the state, obtain corresponding professional qualification certificates.

The realty service enterprise shall not transfer or transfer the qualification certificate of the realty service enterprise in disguised form by means of leasing, lending or linking. Property services shall include the following contents:

(1) Maintenance and management of the * * * part of the building;

(two) the daily operation, maintenance and management of facilities and equipment;

(three) * * * part of the greening, environmental sanitation maintenance and maintenance;

(four) order maintenance, security, vehicle parking management and other matters;

(five) the management of property service files and property files;

(six) other matters stipulated by laws and regulations and the realty service contract.

The realty service enterprise may separately agree with the relevant owners on services other than those stipulated in the realty service contract. The realty service enterprise shall, in accordance with the stipulations on safety precautions in the realty service contract, improve the safety precautions, do a good job in the safety precautions within the realty management area, and provide the owners with safe, efficient and convenient services. Those who fail to perform the agreed obligations shall bear corresponding legal responsibilities according to law.

When a safety accident occurs in the property management area, the property service enterprise shall take emergency measures and report to the relevant administrative departments in time to assist in the rescue work.

Property service personnel shall perform their duties in accordance with the law when engaging in property service activities, and shall not infringe upon the legitimate rights and interests of the owners. The charging standards for property services shall follow the principles of reasonableness, fairness, openness and conformity of quality and price, and shall be determined by both parties to the contract through consultation. The charging standards for pre-realty service and affordable housing realty service shall be formulated by the price department of the local people's government at the county level in conjunction with the real estate administrative department according to the local actual situation and published regularly.

In the same property management area, the same property type, the same content and standard of property service, the same price standard should be implemented for property service charges.

The realty service enterprise shall announce the realty service items and their charging standards in a prominent position in the realty management area. Property service charges should remain relatively stable. In any of the following circumstances, the realty service enterprise shall negotiate with the owners' committee and report to the owners' congress for approval if it needs to adjust the charging standard of realty service:

(a) the price adjustment of energy consumption of public service products;

(two) the owner requests to change the content and level of property services;

(three) in the property management area, the maintenance cost of facilities and equipment is adjusted;

(4) Other policy adjustments.

The competent price department of the people's government at the county level where the property management area is located shall strengthen the supervision and management of property service charges. When there is a dispute over the adjustment of property service charges, both parties to the property service contract may apply to the price certification institution established by the price department of the people's government at the county level where the property management area is located to review the rationality of the price adjustment range. Property that has been completed and accepted but not yet sold or delivered, the property service fee shall be borne by the construction unit.

If the construction unit and the owner have delivered the property in accordance with the agreed delivery method, the property service fee shall be borne by the owner. Unless otherwise agreed between the construction unit and the owner, such agreement shall prevail. When the parties to a realty service contract dissolve or terminate the realty service contract, they shall perform the necessary obligation of informing in accordance with the agreement; If the notice period is not stipulated in the contract, it shall be notified 60 days in advance.

After the dissolution or termination of the realty service contract, the realty service enterprise shall handle the exit handover to the owners' committee in accordance with laws, regulations and the contract, and perform the following handover obligations:

(a) the transfer of custody of the property files, property services files;

(two) the relevant information on the decoration, repair, operation and maintenance of houses and facilities formed in the process of property service transfer;

(three) the transfer of property services;

(4) Clearing the related expenses received in advance and collected one by one;

(5) Information on the use of special maintenance funds;

(six) other matters stipulated by laws and regulations and the realty service contract.

If the realty service enterprise fails to fulfill the obligation of informing and go through the exit handover procedures in accordance with the provisions of the first paragraph of this article, it shall not leave the realty management area or stop the realty service without authorization. Under any of the following circumstances, the realty service enterprise shall withdraw from the realty service: (1) The contract has not been renewed upon expiration;

(two) to terminate the contract in accordance with the law and agreement;

(three) the provisions of laws and regulations shall not continue to engage in property services.

The realty service enterprise shall not refuse to quit on the grounds that the disputes over creditor's rights and debts in realty service have not been resolved and the phased work has not been completed. The real estate administrative department of the people's government at the county level shall strengthen the supervision and credit management of the realty service enterprise engaged in realty service activities, guide the realty service enterprise to perform its obligations in accordance with the relevant provisions of the state and the realty service contract, and coordinate and solve the disputes between the realty service enterprise and the owners.

Public security, environmental protection, urban and rural planning and construction, industry and commerce, quality supervision, urban management and law enforcement departments. Should strengthen the management and guidance of the property management area, in violation of public security, environmental protection, property decoration and other laws and regulations, should be promptly investigated and dealt with.

The realty service enterprise shall cooperate with the people's governments at all levels, neighborhood (village) committees and relevant departments to carry out various work according to law. The following acts are prohibited in the property management area:

(a) housing decoration damage to the bearing structure of the house and other acts;

(two) illegal construction of buildings, structures and other acts;

(three) occupation, damage to corridors, public parks and other properties, facilities and equipment. ;

(four) to change the nature of the use of houses and green spaces without authorization;

(five) random stacking, dumping garbage, debris and other acts;

(six) stacking flammable, explosive, toxic, radioactive and corrosive substances, and discharging toxic, harmful and odorous substances;

(seven) occupation of fire exits, blocking the entrance and exit channels and other acts;

(eight) exceeding the prescribed standards to discharge noise or produce vibration, which affects the lives of residents;

(nine) other acts prohibited by laws, regulations and management regulations. The elevators in the property management area shall be undertaken by the owners' committee or the property service enterprises selected by the owners' committee in accordance with the provisions of the contract and relevant laws and regulations on special equipment.

The daily maintenance unit of the elevator shall be responsible for its safety performance to ensure the safe operation of the elevator. After receiving the failure notice, you should immediately rush to the scene and take necessary emergency rescue measures. Parking spaces and garages set in accordance with the planning in the property management area shall first meet the needs of the owners. The property that has been completed and delivered for use may be newly designated as the owner's parking space if conditions permit and the owners' meeting agrees within the property management area. But it shall not occupy fire exits and public green spaces, and shall not interfere with the normal passage of pedestrians and other vehicles.

If the construction unit rents out (sells) its own parking spaces and garages, it shall publicize in writing the number of parking spaces and garages that the lessee (buyer) intends to rent out (sell), relevant supporting documents, rental (sale) price and conditions within the property management area before 15.

Public security, fire fighting, ambulance, sanitation, postal services and other special vehicles are temporarily parked in the property management area when performing official duties, and no charge is allowed. The cost of products and services provided by water supply, power supply, gas supply and other related professional business units in the property management area shall be borne by the owner if the exclusive part of the owner is used; The use of property service enterprises shall be borne by the property service enterprises; Some owners or all owners * * * use it together, and relevant owners * * * share it together.

Water supply, power supply, gas supply and other professional business units shall, according to the price approved by the state, the records of metering devices and the contract, charge the relevant fees to the end users after the property rights division, and the users shall pay them in full and on time in accordance with the contract.

No unit or individual may force the realty service enterprise to collect and remit relevant fees or require the realty service enterprise to provide free services. During the warranty period of the property, the maintenance and other expenses incurred due to the quality problems of the construction project shall be borne by the construction unit and shall not be charged from the special maintenance funds.

After the warranty period of the property expires, the maintenance, repair, maintenance and management responsibility of * * * used parts and facilities and equipment in the property management area shall be borne by the owner * * *. * * * The cost of maintenance, renewal and transformation of the own property shall be shared by the property owner according to the proportion of the construction area of the exclusive part of the property owned by him. When residential and non-residential properties in residential areas are sold, property sellers and buyers shall deposit special maintenance funds in accordance with national and provincial regulations. Special maintenance funds shall be used for the maintenance, renewal and transformation of * * * used parts and * * * used facilities and equipment within the property management area, and shall not be used for other purposes, except those that are in the charge of professional business units. Special maintenance funds shall be deposited in the bank's special maintenance fund account, accounting by building and household.

If the initial special maintenance fund is not established or the balance of the special maintenance fund is less than 30% of the initial amount raised, the owner shall timely supplement the construction or raise the special maintenance fund again in accordance with the relevant provisions of the state and province, the management statute and the decision of the owners' meeting. When the owner transfers the property, the balance of the residential special maintenance fund deposited by him will not be refunded and will be transferred to the property buyer together.

The owners' committee or the entrusted realty service enterprise shall announce the revenue and expenditure of special maintenance funds at least once a year and accept the supervision of the owners. The owners may stipulate in the management statute that under any of the following circumstances, the realty service enterprise shall cooperate with the owners' committee to organize maintenance, renewal or take emergency preventive measures, and the owners' committee shall report to the real estate administrative department of the people's government at the county level where the property is located, and shall be charged to the special maintenance fund after approval, and shall explain the situation in writing to the owners' assembly afterwards:

(a) the roof waterproof damage caused by leakage;

(two) elevators, fire protection, security and other facilities and equipment have serious security risks;

(3) The external wall of the building is in danger of falling off, endangering personal safety;

(four) special drainage facilities due to collapse, blockage, burst and other functional obstacles, endangering personal and property safety;

(five) other emergencies that endanger public safety and property use function.

After receiving the emergency maintenance application report, the real estate administrative department shall go through the relevant formalities within 3 working days. Professional facilities and equipment maintenance, maintenance and other expenses shall be borne by professional business units, and shall not be charged from special maintenance funds.

Professional business facilities and equipment failure or damage, professional business units shall timely repair, maintenance, update, property services companies, owners should cooperate.

Professional business units can entrust the maintenance of professional business facilities and equipment to property service enterprises, which can collect remuneration from professional business units in accordance with the entrustment contract.