Full text of detailed rules for the implementation of Shanxi property management regulations (II)

(a) the establishment of the owners' meeting;

(two) the rules of procedure of the owners' congress;

(3) Owners' convention;

(four) the basic situation of the members of the owners' committee. The administrative department of real estate of the city or county (city, district) divided into districts shall, within 7 days from the date of receiving the filing materials, assist the owners' committee to handle the relevant procedures such as seal engraving.

The alteration, termination or membership change of the owners' committee shall be re-filed.

Nineteenth the owners' committee thinks it is necessary, or more than 20% of the owners propose that the members of the owners' committee can be replaced; If the members of the owners' committee change, it shall convene a meeting of the owners' congress to make a decision and make a written announcement in the property management area.

Twentieth members of the owners' committee in any of the following circumstances, by the owners' congress, the owners' committee membership is terminated:

(a) is no longer the owner of the property management area due to the transfer or loss of the property;

(two) absent from the meeting of the owners' committee for three consecutive times without reason;

(three) due to illness and other reasons to lose the ability to perform their duties;

(four) to submit his resignation to the owners' meeting in writing;

(five) refused to perform the obligations of the owners;

(six) for other reasons, it is not suitable to continue to serve as a member of the owners' committee.

Members of the owners' committee shall, within 3 days from the date of termination of membership, hand over the financial vouchers, files, seals and other property belonging to the owners' assembly to the owners' committee.

Twenty-first owners' congress and owners' committee shall perform their duties in accordance with the relevant provisions of the State Council's "Regulations on Property Management", and shall not make decisions or engage in activities unrelated to property management.

Members of the owners' committee shall not serve in the property management enterprises that provide services for this property management area.

The decisions made by the owners' congress and the owners' committee shall be announced. Decisions made by the owners' congress and the owners' committee are binding on all owners and property users in the property management area.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department of the city or county (city, district) where the property is located shall order it to correct or cancel its decision within a time limit and notify all the owners.

Twenty-second owners' congress and owners' committee to carry out the work of the funds borne by all owners; The specific measures for raising, managing and using funds shall be stipulated by the rules of procedure of the owners' congress.

The use of the working funds of the owners' congress and the owners' committee shall be regularly announced in a prominent position in the property management area and subject to the supervision of the owners.

Chapter III Property Management Enterprises

Twenty-third property management enterprises shall obtain the qualification of property management enterprises in accordance with the law, and engage in property management activities within the scope permitted by the qualification grade. Personnel engaged in property management shall obtain professional qualification certificates according to law.

Property management enterprises shall publicize their business licenses, qualification certificates and professional qualification certificates of employees in business service places.

Twenty-fourth property management companies enjoy the following rights in property management activities:

(a) according to the provisions of laws and regulations and the provisions of the property service contract, formulate the property management system;

(two) the implementation of property management according to the property service contract, collect property service fees;

(3) Selecting professional service enterprises to undertake special service business;

(four) to stop the damage to the property or other acts against the interests of the owners;

(5) Other rights stipulated by laws and regulations. If the property management system involves restraining the behavior of the owners, it shall be examined and approved by the owners' meeting, or implemented with the written consent of the owners holding more than half of the voting rights.

Twenty-fifth property management companies shall perform the following obligations in property management activities:

(a) to perform the realty service contract;

(two) accept the supervision of the owners, owners' congress and owners' committee;

(three) the implementation of property management industry norms and service standards;

(4) Properly keep the relevant information of the property;

(five) accept the supervision and management of the relevant administrative departments;

(six) other obligations stipulated by laws and regulations.

Article 26 If a property management enterprise is dismissed, it shall, within 10 days from the date of receiving the dismissal notice, go through the handover and acceptance procedures with the construction unit or the owners' committee and withdraw from the property management area.

Chapter IV Bidding for Property Management

Twenty-seventh prophase property management tenderers are the construction units that put forward bidding projects according to law and bid before the owners' meeting and the owners' meeting select property management enterprises.

The tenderee of property management is the owner or the owners' meeting who put forward the bidding project according to law.

The bidder of property management is an enterprise legal person who responds to the bidding of property management, participates in bidding competition and has the corresponding qualification of property management enterprise.

Twenty-eighth new residential property construction units should hire property management companies with corresponding qualifications through bidding; If there are less than three bidders or the residential scale is less than 30,000 square meters, with the approval of the real estate administrative department of the city or county (city, district) where the property is located, a property management enterprise with corresponding qualifications can be selected by agreement.

The owners' congress and the owners' congress may employ property management enterprises with corresponding qualifications through bidding.

Twenty-ninth construction units shall complete the bidding work of preliminary property management in accordance with the following provisions:

(a) 30 days before the pre-sale of commercial housing;

(two) the pre-sale of commercial housing without obtaining the pre-sale permit of commercial housing;

(3) 90 days before the delivery of the new property that is not for sale. Owners' Congress and owners' congress shall complete the bidding for property management within 60 days before the expiration of the property service contract or within 60 days from the date of termination of the contract if they select property management enterprises through bidding.

Thirtieth bid evaluation by the bid evaluation committee composed of representatives of the tenderer and property management experts.

For a project subject to tender according to law, the bid evaluation committee shall be composed of representatives of the tenderee and experts in technical and economic aspects related to property management, with an odd number of more than 5 members, of which the number of experts shall not be less than two thirds of the total number of members.

Article 31 A tenderer shall announce the winning bidder on the spot, issue a letter of acceptance to the winning bidder, and notify all unsuccessful bidders at the same time.

The tenderer shall, within 05 days from the date of determining the winning bidder, submit a written report on the bidding situation to the real estate administrative department of the city or county (city, district) where the property is located.

Thirty-second property management bidding procedures in accordance with the relevant provisions of the state.

Chapter V Early Property Management

Article 33 The term "pre-property management" as mentioned in these Regulations refers to the property management implemented by the construction unit before the owners' congress and the owners' congress select and employ property management enterprises with corresponding qualifications.

When hiring a property management enterprise, the construction unit shall sign a written preliminary property service contract with it. When signing a contract, you can refer to the model text of the preliminary property service contract formulated by the state.

Article 34 The contents of the preliminary realty service contract shall be agreed by the construction unit and the realty management enterprise, and generally include the following contents:

(a) the rights and obligations of both parties;

(two) the basic situation of the property;

(3) Service matters, quality and expenses;

(4) the charging method and charging start time;

(five) the term of the contract and the conditions for termination of the contract;

(6) Liability for breach of contract.

The services specified in the preceding paragraph generally include the following contents:

(a) the daily maintenance and management of * * * parts of the property and * * * facilities and equipment;

(2) Environmental sanitation and greening management;

(three) to maintain public order, fire control and other assistance management matters in the property management area;

(4) Property decoration management;

(5) Property file management.

Thirty-fifth construction units shall, within 30 days from the date of completion and acceptance of the property, handle the property handover and acceptance procedures with the property management enterprise.

For the property to be built by stages, the construction unit shall handle the handover and acceptance procedures for the completed property by stages with the property management enterprise or the owners and owners' committee.

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