Judicial Interpretation of Property Law 20 17: Property Management Services

Chapter IV Property Management Services

Thirty-second enterprises engaged in property management activities should have independent legal personality. The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council.

Thirty-third personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

Thirty-fourth a property management area by a property management enterprise to implement property management.

28. Number of enterprises: The owners' committee may decide the number of property management enterprises to be hired, and the owners' committee may hire a comprehensive property management enterprise or several professional property management enterprises.

Article 35 The owners' committee shall sign a written property service contract with the property management enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

29. Contract contents: The contents not agreed in the property service contract shall be confirmed by the court according to the principle of benefiting the owners.

Thirty-sixth property management companies should provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

30. Civil liability: the minimum compensation for personal injury is 3,000 yuan; If death is caused, the minimum compensation shall be100000 yuan.

Thirty-seventh property management companies to undertake the property, it shall go through the formalities of property acceptance with the owners' committee. The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the property management enterprise.

3 1. Handover procedure: The property management enterprise may also directly handle the handover with the original property management enterprise under the supervision of the owners' committee.

Article 38 The ownership of property management houses belongs to the owners according to law. Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house.

32. Civil liability: If the property management enterprise changes the use of the property management premises, it shall be liable for compensation to the owners and pay all the owners twice their income. If there is no income or it is difficult to calculate the income, it shall pay compensation of not less than 1000 yuan to each owner. (At the same time, restore the original use)

Article 39 When the realty service contract is terminated, the realty management enterprise shall return the realty management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee. When the realty service contract is terminated, if the owners' congress selects a new realty management enterprise, the realty management enterprise shall do a good job of handover.

Fortieth property management companies may entrust the special service business within the property management area to professional service companies, but may not entrust all property management within the area to others.

33. Civil liability: If a property management enterprise entrusts all property management to others, it shall be liable for compensation to the owners, and the minimum compensation for each owner shall not be less than 3,000 yuan.

Forty-first property service charges should follow the principles of rationality, openness, and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property management companies shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

34. Before the promulgation of the measures for charging property services formulated by the the State Council price department in conjunction with the the State Council construction administrative department, or both the owners and the property company think that the above-mentioned measures for charging property services can be exempted, or both the owners' committee and the property company think that the above-mentioned measures for charging property services can be exempted, both parties can determine the service price by themselves when signing the property service contract.

Forty-second owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

35. The owners' committee may charge the property service fee, but it should be placed in the bank account opened by the owners' committee, and any owner has the right to inquire about the fund changes in the bank account.

Forty-third price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

36. The price department of the people's government at or above the county level or the real estate administrative department at the same level shall publish it online and give a written reply to the property service charges provided by the owners within three days; If there is no reason to refuse to reply, (as agreed), the person in charge of the price department of the people's government at or above the county level or the real estate administrative department at the same level shall be liable for compensation to the owner.

Forty-fourth property management companies can provide services other than those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties.

37. The property management enterprise may, according to the entrustment of the owners' committee, provide all owners with services other than those stipulated in the property service contract, and the service remuneration shall be agreed by both parties.

Forty-fifth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. If a property management enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

38. The fees charged by the property management enterprise after accepting the entrustment shall be deposited in the account of the owners' committee and transferred to water supply, power supply, gas supply, heating, communication, cable television and other units under the supervision of the owners' committee.

Forty-sixth of the property management area in violation of public security, environmental protection, property decoration and use of relevant laws and regulations, property management enterprises should be stopped, and timely report to the relevant administrative departments. After receiving the report from the property management enterprise, the relevant administrative departments shall stop the illegal acts or deal with them according to law.

Forty-seventh property management companies should assist in the safety work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties in maintaining public order in the property management area and shall not infringe upon the legitimate rights and interests of citizens.

Forty-eighth property users in the property management activities of the rights and obligations agreed by the owners and property users, but shall not violate the laws, regulations and the relevant provisions of the owners' convention. Property users who violate these regulations and the provisions of the owners' convention shall be jointly and severally liable.

Forty-ninth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property management enterprises in property management activities.