Detailed Rules for the Implementation of Suqian Property Management

Detailed Rules for the Implementation of Suqian Property Management

Commercial properties, sometimes called investment properties, refer to those properties that can obtain sustained growth returns or sustained appreciation through operation, which can be roughly divided into commercial service properties and office properties. Below I have compiled the detailed rules for the implementation of property management in Suqian, hoping to help you.

Chapter I General Provisions

Article 1 In order to standardize the property management behavior, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people, these detailed rules are formulated in accordance with the provisions of the Regulations on Property Management of the State Council and the Regulations on Property Management of Jiangsu Province, and combined with the actual situation of this Municipality.

Article 2 These Provisions shall apply to property management activities within the administrative area of this Municipality.

Article 3 The term "property management" as mentioned in these Detailed Rules refers to the activities that the owners employ the property management company, and the owners and the property management company maintain, conserve, manage and maintain the environmental sanitation and order in the relevant areas according to the property service contract.

Article 4 All kinds of properties within the administrative area of this Municipality shall gradually establish a socialized, professional and market-oriented property management system that combines owner autonomy with professional management of property management enterprises.

Article 5 Where the construction area is more than 654.38+100000 square meters, the offices, industrial areas and residential quarters of government agencies, enterprises and institutions shall employ property management enterprises with corresponding qualifications to implement property management through bidding. If the supporting facilities are not complete, comprehensive improvement should be carried out in a planned way under the organization of the local government to improve the supporting level and gradually create conditions for the implementation of property management.

Sixth scattered property (including substandard property, living compound, dormitory, self-built houses, etc.). Where the original property unit no longer exists) is managed by the local community. You can set up a property management company to take charge of management, or you can hire a qualified property management company to implement professional management.

Seventh city and county (District) real estate administrative departments are the administrative departments in charge of property management within the administrative area of this Municipality, and are responsible for the supervision and management of property management activities within their respective administrative areas.

Relevant departments and units of local governments at all levels shall, within the scope of their respective duties, do a good job in relevant management.

Chapter II Owner's Self-management

Eighth property management areas should be established in accordance with the provisions of the owners' autonomy management organization.

Owners through the owners' congress or owners' congress, owners' committee to implement autonomous management of the property.

The owners' meeting is composed of all owners in the property management area. If the number of owners exceeds 100, the owners' representatives may be elected to form the owners' meeting (hereinafter referred to as the owners' meeting). Elect 1-6 owners' representatives for each building or unit in general residential area.

The owner's representative should be a property owner who is enthusiastic about public welfare, has a strong sense of responsibility, has a certain mass base, has a certain ability of organization, coordination and deliberation, actively safeguards the interests of the owners, and takes the lead in fulfilling the obligations of the owners. Owners' representatives shall be recommended by the preparatory committee of the owners' congress and democratically elected.

The topics of the owners' meeting shall be informed to the owners or owners' representatives in advance, and the matters decided by the owners' meeting shall be announced in the property area in time.

Article 9 The voting right of the owner is one vote for each household of ordinary houses, and other properties are calculated according to the construction area of the property owned by them. For houses with a construction area of less than 100 square meters, it is 1 ticket, and for every 100 square meter above 100 square meter, it is 1 ticket.

Article 10 If the construction area of the delivered property in a residential area reaches 30%, but less than 50%, but the service life exceeds 1 year, the first temporary owners' meeting shall be held with reference to the procedures and methods of convening the first owners' meeting and electing the owners' committee, and the temporary owners' committee shall exercise the corresponding rights and obligations of owners' self-management.

When a residential area meets the conditions for the establishment of an owners' committee, it shall timely organize the first owners' meeting in accordance with the Regulations and these Detailed Rules, and elect the owners' committee.

Article 11 The preparatory committee for the first owners' meeting (including the first temporary owners' meeting, the same below) shall be composed of the owners' representatives and the construction unit (including the public housing sales unit) under the guidance of the real estate administrative department and the subdistrict office where the property is located, and shall be responsible for the preparatory work for the owners' meeting.

Twelfth the preparatory committee for the first owners' meeting is responsible for the following work:

(a) determine the form, time, place and content of the owners' congress or the owners' congress through consultation;

(two) decided to convene a general meeting of owners, determine the number of owners' representatives through consultation, recommend candidates for owners' representatives, review the qualifications of candidates for owners' representatives, and democratically elect owners' representatives. The owners' representatives shall be published in the property management area;

(three) to negotiate the number of members of the owners' committee and recommend the candidates for the members of the owners' committee according to the conditions of the members of the owners' committee. The list of candidates and basic information shall be published in the property management area;

(4) Draft the election method, articles of association and draft owners' convention of the owners' committee, and send them to the members attending the meeting for comments 15 days before the owners' meeting;

(five) to make preparations for the first owners' meeting;

(six) presided over the first owners' meeting and elected the owners' committee.

Thirteenth the first owners' meeting shall, in addition to exercising the rights and obligations stipulated in these rules, also consider and pass the following matters:

(a) the rules of procedure of the owners' congress and the owners' committee;

(two) the daily work authority of the owners' committee;

(3) Measures for the election of the owners' committee;

(four) the selection method of the property management enterprise;

(five) the relevant provisions of property management;

(6) Elect the owners' committee.

Article 14 The owners' committee elected at the first owners' meeting shall, with the preliminary approval of the subdistrict office where the property is located, apply to the property management administrative department where the property is located for registration and confirmation within 30 days from the date of election. When applying for registration and confirmation, the owners' committee shall submit the following materials:

(a) the owners' committee registration confirmation form;

(two) the election method and the number of votes of the owners' representatives and owners' committees;

(three) the main issues considered by the owners' meeting.

Fifteenth owners' committee may elect 0 directors and several deputy directors, and the owners' committee shall not engage in business activities.

Sixteenth owners' committees shall perform their duties in accordance with the provisions, and urge all owners and users to abide by the laws, regulations, systems and owners' conventions related to property management; Help property management enterprises to implement property management in this region and cooperate with property management enterprises to solve major problems in the implementation of management services; Accept the guidance and supervision of property management administrative departments and sub-district offices, and actively cooperate with community construction management.

Seventeenth the chairman of the owners' committee shall enjoy the following rights:

(1) To be responsible for convening meetings of major business committees;

(two) authorized by the owners' committee, sign the cost of property maintenance and other projects, and sign contracts or documents on behalf of the owners' committee;

(3) Other matters authorized by the owners' committee.

The director of the owners' committee shall perform the following obligations:

(a) abide by the laws, regulations and normative documents of property management, as well as the provisions of the owners' convention and the articles of association of the owners' committee, and be fair and responsible;

(two) to complete the work assigned by the owners' committee;

(three) to handle affairs on behalf of the owners' committee;

(4) receiving training and guidance from the administrative department.

Eighteenth owners' representatives and members of the owners' committee shall be appointed by the owners' congress for each term and may be re-elected. 3 months before the term of office of the owners' representative and the owners' committee expires, the property management administrative department and the subdistrict office shall guide and supervise the general election. The owners' committee is responsible for the specific preparations for the general election, and the preparatory committee for the general election is established by referring to the way of convening the first owners' meeting.

The property management enterprise shall cooperate with the daily work of the general election of the owners' committee.

Nineteenth owners' congress and owners' committee shall cooperate with public security organs and community residents' committees to do a good job in maintaining social order in the property management area.

Chapter III Property Management Enterprises

Twentieth property management enterprises shall, within 30 days from the date of obtaining the business license of enterprise legal person, apply to the local property management administrative department for qualification certificate.

The property management administrative department shall, in accordance with the relevant provisions, review the qualification grade of the property management enterprise applying for the qualification certificate, and report to the municipal property management administrative department for approval of the qualification grade. Property management companies can only engage in property management service activities corresponding to their qualifications after receiving the qualification certificate.

Twenty-first property management enterprises to implement the quality inspection system. The annual inspection focuses on the preliminary realty service agreement or realty service contract of the realty management enterprise, the quality of realty management service, the license of employees, the evaluation of the realty management enterprise by the owners and the owners' committee, the change of annual work performance, financial statements, qualification registration and the implementation of laws, regulations and policies.

Twenty-second property management administrative departments should strengthen the training of property management practitioners, improve the overall quality of employees, and carry out certificates.

Chapter IV Property Management Services

Twenty-third construction units shall, before selling the property, formulate a temporary convention for the owners and report it to the property management administrative department where the property is located for the record. 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.

When the owners' convention deliberated and adopted by the owners' congress comes into effect, the temporary owners' convention is terminated.

Article 24 Before the property sales in newly-built residential areas, the construction unit shall select property management companies with corresponding qualifications through bidding to intervene in advance, sign preliminary property service agreements with the selected property management companies, and undertake preliminary property services. The real estate development management department should take the early intervention of property management as the precondition for issuing the pre-sale (sales) license of commercial housing.

When the newly-built residential property is sold, the property management enterprise shall sign the preliminary property service agreement with the property buyer. The specific property service matters, service quality requirements, service fee standards and other matters agreed in this agreement shall be consistent with the relevant contents in the preliminary property service agreement signed by the property management enterprise and the construction unit.

Twenty-fifth after the establishment of the owners' committee, it shall promptly renew the employment or re-employ the property management enterprise through bidding, and sign a property service contract.

Twenty-sixth preliminary realty service agreement and realty service contract must stipulate specific service items, service quality requirements, service fee standards, service fee collection methods, service period, decoration management services and other matters.

Property services shall include the following contents:

(a) the daily maintenance, maintenance and management of the parts, facilities and equipment used by the property;

(two) the maintenance and management of green space, flowers and trees, architectural sketches, etc. ;

(3) Daily environmental sanitation management services, including cleaning of public places and public parts of the property, garbage collection and removal, etc. ;

(four) to assist in the management of public security, safety, fire control, transportation and other matters within the property management area. Among them, safety precautions and traffic vehicle management must clearly stipulate specific service standards and responsibilities;

(five) property decoration management services;

(six) the management of property-related engineering drawings, residential users and completion acceptance and other archives;

(7) Organizing community cultural and recreational activities;

(eight) to provide special services according to the requirements of owners and property users.

The property management enterprise shall, within fifteen days from the date of signing the preliminary property service agreement and the property service contract, report the contract to the property management administrative department where the property is located for the record.

Twenty-seventh property management services shall keep the houses and facilities in good condition, clean and beautiful environment and good public order in the property management area, and ensure the convenience and safety of property use, and shall be implemented in accordance with the following requirements:

(a) in accordance with the technical standards and industry norms stipulated by Jiangsu Province and the annual plan of property management services approved by the owners' committee, the implementation of management services;

(two) before the owner uses the house, inform the owner of the * * * part of the property, the use and maintenance methods, requirements, precautions and relevant regulations of the * * * facilities and equipment;

(three) to conduct a comprehensive patrol and inspection of the property management area, and regularly maintain the parts and facilities of the property;

(four) found that the property * * * parts, * * facilities and equipment damage, immediately take protective measures, and in accordance with the provisions of the property service contract for maintenance;

(five) to receive the damaged property, repair, maintenance and disposal within a time limit;

(six) do a good job of property maintenance, update and cost records, and properly keep property files and related financial books;

(seven) submit to the owners' committee the income and expenditure accounts of property maintenance and renewal expenses every six months and accept the audit;

(eight) to establish a system of public consultation with the owners, regularly listen to the opinions and suggestions of the owners' committee, owners and users, and improve and perfect the management services;

(nine) found in violation of these regulations, these rules or the owners' convention, immediately dissuade and stop, and report to the owners' committee, community neighborhood committee and relevant administrative organs;

(ten) in accordance with the requirements of the realty service contract, do other management services entrusted by the owners' committee, owners and users;

(eleven) the property management enterprise shall, under the guidance and supervision of the community neighborhood committee, assist in the related work of community management and community service.

Twenty-eighth property management industry should implement industry norms and service standards, actively carry out property management activities to improve the overall management level. Establish a rating system for property management services, encourage property management enterprises to adopt advanced management service standards, and improve the quality of management services.

Twenty-ninth ordinary residential property management service fees should be stipulated in the preliminary property service agreement or property service contract according to the government guidance price standard, and the property management enterprise should charge the owners according to the agreement; * * * The property service fee shall be determined by both parties through consultation in the previous property service agreement or property service contract.

Thirtieth the establishment of a reasonable and open, consistent with the quality and price of property management services government guidance price system. According to the service content of the property management industry, the projects are classified, the grade service quality standard is formulated according to the classified projects, and the grade standard price of each service project is calculated according to the social cost. Let the owners and the owners' committee independently choose service items and service levels according to their service requirements and affordability, and independently select and hire property management companies.

Thirty-first services provided by public utilities such as water supply, power supply, gas supply, heat supply, communication and cable TV in the property management area to owners or users shall be measured by households, and the related expenses shall be directly charged to the end users. No unit may force property management companies to collect and remit related expenses. If it is really necessary to entrust, it shall sign an entrustment contract with the property management enterprise and implement paid services. When the property management enterprise collects and remits the related expenses, it shall not increase the price beyond the marked price, nor shall it charge the owners for additional formalities.

Chapter V Use and Maintenance of Property

Thirty-second planning and construction of new property, property management implementation plan should be formulated before the property starts and reported to the local property management administrative department for the record. After completion, the construction unit shall promptly apply to the property management administrative department for acceptance of the property management supporting facilities, and shall not be delivered for use without acceptance; Unqualified acceptance, should do a good job of rectification within the prescribed time limit.

When the construction unit hands over the residential area, it will provide property management service rooms free of charge according to 3 ‰-4 ‰ of the total construction area of the residential area, and its property rights will be owned by all owners of the residential area and used by the entrusted' property management enterprise'; At the same time, provide the corresponding community service room.

Property management service rooms, community service rooms, cultural and sports activities rooms, parking garages (fields), garbage transfer stations, activity squares and green spaces and other supporting facilities shall be used in accordance with the designed purposes and shall not be changed; If it is really necessary to change, the relevant formalities shall be handled according to law.

Thirty-third new property acceptance, the owners' committee, property management companies should be clear with the construction unit property quality issues.

Thirty-fourth residential buildings within the property management area shall not change the nature of use. If it is necessary to change the nature of use due to special circumstances, it shall meet the requirements of urban planning and housing safety, and shall obtain the written consent of adjacent owners, owners' committees and property management enterprises, and then report to the planning department for approval.

Thirty-fifth owners or property users shall abide by the relevant national, provincial and municipal regulations on decoration management, and shall inform the property management enterprise in advance and sign a service agreement with the property decoration management department.

Property decoration management service agreement shall include the following contents:

(a) the implementation content of the decoration project;

(two) the implementation period of the decoration project;

(3) Time allowed for construction;

(4) Removal and treatment of wastes;

(five) the installation requirements of property facade facilities, security window, air conditioning and solar energy;

(6) Prohibited behaviors and precautions;

(7) Management service fees;

(8) Liability for breach of contract;

(nine) other matters that need to be agreed.

Property management enterprises shall implement management in accordance with the property decoration management service agreement. Found in violation of the agreement and the relevant provisions of the act, should immediately stop, and urge to correct; Refuses to correct, it shall promptly inform the owners' committee and report to the relevant departments for handling according to law.

Thirty-sixth due to property maintenance, decoration caused by adjacent owners, users occupied parts, occupied facilities and equipment damage or other property losses, the responsible person shall be responsible for repair and compensation.

Thirty-seventh any unit or individual shall not occupy the roads and venues within the property management area without authorization. If it is necessary to temporarily occupy or dig roads, sites and green spaces due to property maintenance or public interests, it shall obtain the consent of the owners' committee and the property management enterprise, sign a written agreement with the property management enterprise, and make restitution within the agreed time limit. If losses are caused, corresponding compensation shall be given.

Thirty-eighth a property management area has more than two owners, should set up a property * * * parts and * * * facilities and equipment maintenance fund. The management and use of the maintenance fund shall be carried out in accordance with the documents [2003] 163 and [2003] 19 of the Municipal Construction Bureau and Finance Bureau.

Article 39 The maintenance funds raised in accordance with regulations shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of the parts and facilities of the property after the expiration of the warranty period, and shall not be used for other purposes.

Fortieth maintenance funds shall be managed by the real estate administrative department, and the maintenance funds managed shall be subject to regular inspection and supervision by the owners' committee and the financial department.

The maintenance fund shall be deposited in the bank designated by the property management administrative department, and the special account shall be used for special purposes.

Forty-first new commercial housing construction units shall, before handling the initial registration of new commercial housing ownership, pay the maintenance fund collected in full; When handling the initial registration of commercial housing ownership, it shall provide payment vouchers to the real estate registration department.

Forty-second housing maintenance and renewal costs stipulated by the state after the expiration of the warranty period shall be borne in accordance with the following provisions:

(a) the maintenance and renewal costs of the indoor part of the house shall be borne by the owners themselves;

(2) The overhaul, renewal and transformation of the parts, facilities and equipment used in the property management area shall be paid from the maintenance fund and distributed to the beneficiary areas in proportion to the engineering maintenance cost.

If the parts and facilities of the property are damaged artificially, the maintenance and updating expenses shall be borne by the responsible person.

When the property is seriously damaged, affecting the safety of the owners and users, the real estate administrative departments and sub-district offices shall urge the maintenance within a time limit.

Chapter VI Complaints

Forty-third property management administrative departments and sub-district offices shall establish a complaint acceptance system to accept complaints from owners' committees, owners, users and property management enterprises in violation of the Regulations and these rules. The place and time for accepting complaints shall be announced.

Forty-fourth property management administrative departments and sub-district offices shall promptly investigate and handle complaints. If the complainant disagrees with the handling opinions, he may submit a written request for review to the administrative organ at the next higher level.

After accepting the complaint, the property management administrative department shall make a reply on whether to accept it within 5 days. If it decides to accept the complaint, it shall investigate and verify it, and reply to the complainant within 30 days from the date of accepting the complaint.

If the complainant has any objection to the handling opinions of the property management administrative department, he may submit a written request for review to the municipal property management administrative department. The municipal property management administrative department shall reply to the complainant within 30 days from the date of acceptance.

Forty-fifth complaints involving the responsibilities of other administrative departments, the property management administrative department shall, within 5 days from the date of acceptance, transfer them to the relevant administrative departments for handling, and inform the complainant.

Chapter VII Legal Liability

Forty-sixth owners and users who violate the owners' convention and the temporary owners' convention shall bear corresponding civil liabilities. In violation of the owners' convention and the temporary owners' convention, the owners' committee or the relevant owners and users may bring a civil lawsuit to the people's court.

Article 47 If the property management enterprise and the owners fail to perform their obligations in accordance with the provisions of these Detailed Rules and the stipulations of the property service contract, one of the parties may complain to the owners' committee or the subdistrict office or the property management administrative department, or apply for arbitration or bring a lawsuit to the people's court according to law.

Forty-eighth for owners and users who do not abide by the rules and regulations and do not change after education, community neighborhood committees and owners' committees may publicize their behavior.

If the owner or user fails to pay the property service fee in accordance with the property service contract, the owners' committee shall urge him to pay within a time limit, and the property management enterprise may urge him to pay. If he fails to pay within the time limit, the property management enterprise may charge a late fee of five ten thousandths on a daily basis.

Owners who fail to pay property service fees in full and on time shall not be elected as owners' representatives and members of owners' committees, and their relevant units shall actively help to carry out ideological education, and collect them if necessary. Owners' representatives and members of the owners' committee who can't pay the property service fees in full and on time can be dismissed according to law if they can't make corrections through education.

Forty-ninth property management companies that fail to pass the annual inspection shall be ordered by the property management administrative department to make rectification within a time limit; If the rectification is still not in place, the property management administrative department will lower its qualification level until its qualification certificate is revoked.

Article 50 The owners' committee and the property management company shall promptly stop the buildings, structures or other facilities built within the property management area without the approval of the planning department and the acts that violate the laws, regulations and rules of city appearance, environmental sanitation and municipal administration. If it is ineffective, it shall report to the administrative law enforcement department of urban management and deal with it according to law; All kinds of illegal buildings, structures and other facilities built in violation of the provisions of the construction project planning permit shall be dealt with by the competent department of city planning administration according to law, and the relevant departments shall cooperate with the investigation.

Chapter VIII Supplementary Provisions

Fifty-first these rules shall be interpreted by Suqian Construction Bureau.

Article 52 These Rules shall come into force as of May 6, 2004.

;