Regulations of Changchun Municipality on Property Management Chapter III Property Service and Management

The planning, design and construction of property projects shall meet the following requirements:

(a) the construction unit shall, in accordance with the standard of not less than 4/1000 of the total construction area of the house, allocate the property service room. Property with a total construction area of less than 20,000 square meters shall be equipped with a property service room with a construction area of not less than 100 square meter.

(two) when the planning department reviews the property development project, it shall determine the location and area of the property service room in the planning and design scheme and the monomer scheme. Property service houses should be houses with normal functions above the ground, and the location should be convenient for property service management activities.

Property service houses include property service enterprise houses and owners' committee office houses. Among them, the building area of the office building of the owners' committee is fifteen to twenty-five square meters.

(three) the property service room should reach the normal use function when it is delivered. Without the consent of the owners' meeting, no unit or individual may change the purpose of the property service room. Illegal buildings, temporary buildings, public * * * places and * * * use parts shall not be used as property service houses. The development and construction unit of new property shall submit the following materials to the administrative department of property management of the city and county (city) when applying for the pre-sale permit of commercial housing:

(a) the detailed plan and written proof of the specific location and area of the property service room;

(2) A list of some properties;

(3) The prophase realty service contract;

(four) written materials for the bidding of property services provided by the property projects that should be subject to bidding.

At the time of initial registration of houses within the building division, a list of houses used in the property and related materials shall be submitted at the same time, which shall be confirmed, recorded and filed by the real estate registration agency. Before the owners and the owners' congress select and employ realty service enterprises, the construction unit shall select and employ qualified prophase realty service enterprises to provide prophase realty service through bidding.

City, county (city) property management administrative departments shall supervise and manage the bidding activities of property services. The construction unit shall, in accordance with the following provisions, complete the preliminary bidding for property services:

(a) the pre-sale of commercial housing before obtaining the pre-sale permit of commercial housing;

(two) the pre-sale of commercial housing in the 30 days before the official sale;

For residential properties with less than three bidders or residential properties with a construction area of less than 30,000 square meters and non-residential properties with a construction area of less than 10,000 square meters, with the approval of the property management administrative department of the city or county (city), qualified property service enterprises can be selected by agreement. The bid evaluation in the bidding activities of property services shall be the responsibility of the bid evaluation committee composed of representatives of the tenderee and property service management experts. The members of the bid evaluation committee are composed of more than five odd members, of which the number of experts shall not be less than three-quarters of the total number of members.

The experts of the bid evaluation committee shall be randomly selected by the tenderer from the expert database established by the municipal property management administrative department. People who are interested in the bidder shall not enter the bid evaluation committee of the project. Before the house is sold, the construction unit shall formulate the owner's temporary management statute according to the model text of the owner's temporary management statute published by the property management administrative department. Owners' temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers.

When selling a house, the construction unit shall sign a preliminary property service contract with the property buyer, and take it and the temporary management statute as an annex to the house sales contract, which shall be binding on the property buyer, the seller and the property service enterprise after being signed and confirmed by the property buyer.

After the management protocol adopted by the first owners' meeting takes effect, the temporary management protocol becomes invalid. When undertaking the property, the realty service enterprise shall inspect the public parts and facilities of the property and go through the acceptance procedures. If maintenance and improvement are needed, both parties shall sign a written agreement.

The construction unit shall hand over the following materials to the owners' committee:

(a) the property construction, approval documents, project planning, completion plan, single building, structure, equipment completion plan, supporting facilities, underground pipe network project completion plan and other completion acceptance data;

(2) equipment orders contract of the facility and technical data such as installation, use and maintenance (including random data);

(three) property quality warranty documents and property use documents;

(four) a list of all kinds of buildings, structures, facilities and equipment in the property management area;

(five) other information necessary for the use, maintenance and management of the property.

If the owners' committee has not yet been established and there are pre-realty service enterprises, the materials specified in the preceding paragraph may be handed over to the pre-realty service enterprises. When the preliminary service contract is terminated, the realty service enterprise shall hand over the following materials and assets to the owners' committee or the new realty service enterprise, except the materials specified in Article 34 of these regulations:

(a) the technical data of decoration, repair and maintenance formed in the process of implementing property services;

(2) Property service rooms;

(three) the use of public parts, public facilities and equipment operating income and property services to buy assets;

(four) operating income savings of public parts and public facilities and equipment;

(five) other management information and assets that should be handed over during the management of the property service enterprise. The property service fee before the owner moves in shall be borne by the development and construction unit; The property service fee after the owner moves in shall be borne by the owner in accordance with the provisions of these regulations and the contract; Unsold vacant houses, according to the number or area of unsold vacant houses to determine the standard of property service fees, borne by the construction unit.

The occupancy mentioned in the preceding paragraph means that the owner has received the occupancy notice and gone through the corresponding formalities; After receiving the notice of occupancy, the owner fails to go through the corresponding formalities within a limited period of six months, which is regarded as occupancy. If the construction unit or the realty service enterprise has no prior written notice, the time when the owner completes the corresponding procedures shall prevail. The realty service enterprise shall obtain the qualification certificate according to law and engage in realty service activities within the scope permitted by the qualification grade.

The name of the realty service enterprise shall be marked with the words "realty service", and the business license and qualification certificate of the legal person shall be publicized in the business service place. The realty service enterprise shall perform the following obligations:

(a) to provide services in accordance with the property service contract;

(two) shall be announced to all owners once every six months * * parts, public facilities and equipment operating income and expenditure, accept the supervision of the owners and the owners' committee;

(three) within thirty days before the termination of the realty service contract, the creditor's rights and debts shall be settled with the owners or relevant units, and the handover preparations shall be made, and the relevant materials and assets shall be handed over to the owners' committee within ten days from the date of termination of the contract;

(four) in accordance with the provisions of the state and the property service contract, responsible for the maintenance, conservation and transformation of the property, and truthfully record;

(five) properly keep the financial revenue and expenditure accounts and original vouchers;

(six) to submit all kinds of statistical reports and related materials in accordance with the provisions;

(seven) other obligations stipulated by laws and regulations and the property service contract. When undertaking property service projects, a property service enterprise shall sign a property service contract in accordance with relevant regulations.

The realty service contract shall specify the entrusted service items, service and charging standards, service period, rights and obligations of both parties, contract termination conditions, liability for breach of contract, etc.

The realty service enterprise shall, within fifteen days from the effective date of the realty service contract, submit a copy of the contract to the county (city) and district property management administrative departments for the record. Property service charges can be regulated by the market or guided by the government. The government-guided price shall be formulated by the municipal price department in conjunction with the municipal property management administrative department according to factors such as property service level standards, and the corresponding benchmark price and its floating range shall be published regularly.

Where the market-regulated price is implemented, the construction unit or the owner and the realty service enterprise shall stipulate the price in the realty service contract.

Where the government-guided price is implemented, according to the benchmark price announced by the government and its floating range, the construction unit or the owner and the property service enterprise shall agree on the specific charging standard in the property service contract, and the property service enterprise shall go to the municipal price department and the municipal property management administrative department for the record. Establish a credit evaluation system for property service enterprises. Specific evaluation methods shall be formulated by the people's government.

The municipal administrative department of property management shall regularly assess the compliance of property service enterprises with laws and regulations, credit contracts and the provision of services every year. Property management companies that fail to pass the examination shall be ordered by the municipal property administrative department to make rectification within a time limit; If it is still unqualified after rectification, the municipal administrative department shall cancel its qualification to undertake property service business in this city within one year. If there are security risks in the property, which endanger the public interests and the legitimate rights and interests of other owners, the responsible person shall timely maintain and eliminate the hidden dangers, and the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligation, with the consent of the owners' meeting, the property service enterprise may carry out the maintenance on his behalf, and the expenses shall be borne by the responsible person. Owners, property users and property service enterprises shall abide by the provisions of relevant laws and regulations, and shall not affect public safety or damage public interests, or interfere with or damage the legitimate rights and interests of others.

If losses are caused to relevant owners due to house maintenance and the use of facilities and equipment, the responsible person shall be responsible for maintenance or compensation. Owners and property users shall provide convenience for property service enterprises and others to maintain houses and use facilities and equipment. If the owner or user of the property obstructs the maintenance and causes property damage or property loss, the responsible person shall be responsible for repairing or compensating. The following acts are prohibited in the property management area:

(a) unauthorized removal of the load-bearing structure of the house;

(two) unauthorized changes in the use of houses or facilities;

(three) unauthorized occupation, alteration, damage to public parts of the property, public facilities and equipment;

(four) unauthorized construction of buildings, structures, stalls, markets, posting, smearing, hanging items;

(five) littering, littering, parking at will;

(six) in violation of the relevant provisions of the storage of flammable, explosive, toxic, radioactive and other dangerous goods, the discharge of toxic and harmful gases and liquids, stacking, throwing waste, resulting in noise exceeding the prescribed standards;

(seven) feeding poultry, livestock and other animals in violation of regulations;

(eight) to engage in acts that endanger the public interest;

(nine) other acts prohibited by laws, regulations and management regulations. Due to the need of property maintenance or public interest, the relevant units or individuals really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

The relevant units, individuals or realty service enterprises shall restore the temporarily occupied and excavated roads and sites to their original state within the agreed time limit. Maintenance fund system for common parts of property and public facilities and equipment after the warranty period expires.

City property management administrative departments shall be responsible for the deposit of property maintenance funds according to law, and implement a property maintenance fund system for property maintenance, renewal and transformation. Property maintenance funds shall be stored in special accounts and used for special purposes. Property maintenance funds shall bear interest according to regulations from the date of deposit in the special account and be transferred once a year.

Value-added funds of property maintenance funds are respectively included in the subsidiary ledger and transferred to the accumulated use of property maintenance funds. The management expenses of property maintenance funds are charged in the value-added income of property maintenance funds and accounted for separately with property maintenance funds. In line with the conditions for the use of property maintenance funds, it shall be paid in accordance with the following provisions:

(a) the cost of maintenance, renovation and transformation of the parts used in the house shall be borne by the owner of the house according to the proportion of the construction area owned by him, and shall be charged from the property maintenance funds paid by him;

(2) The cost of maintenance, renewal and transformation of facilities and equipment shall be borne by the relevant owners in proportion to their respective construction areas, and shall be charged from the paid property maintenance funds. Property management administrative department staff dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.