Decision of the Standing Committee of Zhuhai Municipal People's Congress on Amending the Regulations of Zhuhai Special Economic Zone on Property Management and other three local regulations

I. Amending the Regulations of Zhuhai Special Economic Zone on Property Management

(a) the "property service enterprise" in the relevant provisions of this Ordinance is amended as "property service person".

(2) One paragraph is added as the third paragraph in Article 2: "Property service providers include property service enterprises and other managers."

(3) Paragraph 1 of Article 8 is amended as: "The administrative departments of natural resources, housing and urban construction, public security, price, market supervision, civil air defense and comprehensive law enforcement of urban management shall, in accordance with their statutory duties, strengthen the guidance, supervision and services on housing safety, property charges, public security and fire fighting, public order, environmental sanitation and the use of houses and facilities and equipment within the property management area."

(four) the "planning administrative department" in the first paragraph of article eighteenth is amended as "natural resources department".

(5) The Property Law of People's Republic of China (PRC) in Article 20 of the Civil Code of People's Republic of China (PRC) is amended as.

(six) delete twenty-sixth.

(7) Item 3 of Paragraph 1 of Article 27 is amended as: "Selecting and appointing property service providers and supervising the property service providers to perform the contracts according to law"; The fourth item is amended as "Deciding to use the maintenance funds of buildings and their ancillary facilities"; One item is added as item 5: "Decided to raise funds for the maintenance of buildings and their ancillary facilities"; The seventh item is amended as "Deciding to change the use of * * * parts or use * * * parts and facilities to engage in business activities, as well as the distribution and use of income."

The second paragraph is amended as: "When the owners decide on the same matter, the owners whose exclusive parts account for more than two-thirds of the area and whose number accounts for more than two-thirds shall participate in the voting. Decisions on matters specified in items 5, 6 and 8 of the preceding paragraph shall be subject to the consent of the owners and more than three-quarters of the voters who participate in the voting on the exclusive part area. Decisions on other matters specified in the preceding paragraph shall be agreed by more than half of the owners of the exclusive part and more than half of the people with voting rights. "

(8) Delete the second and third paragraphs of Article 30.

(nine) delete thirty-fifth.

(ten) delete the second paragraph of the first paragraph of article forty-first; "I, my spouse and immediate family members" in item 3 is amended as "I and immediate family members".

(11) Article 51 is amended as: "Owners who account for more than two thirds of the exclusive area and more than two thirds of the total number of owners in the property management area participate in the voting, and the property management area can be managed by the owners themselves with the consent of more than half of the owners who participate in the voting and more than half of the owners who participate in the voting.

"The implementation of self-management, should be the executive body, management plan, charging standards, management period and legal responsibility submitted to the owners' meeting for voting. "

(12) The term "lessee and borrower" in Article 52 is amended as "lessee, borrower and right holder of residence".

(XIII) Paragraph 1 of Article 61 is amended as: "A realty service provider may entrust the special services in the realty service contract to a professional service organization and be responsible to the owner for the entrusted special services, but shall not entrust all the matters agreed in the realty service contract to others or entrust all the services to others."

(XIV) Article 62 is amended as: "Property service providers shall accept the supervision of the owners and promptly answer the owners' inquiries about property services; To implement emergency measures and other management measures implemented by the government according to law; Actively participate in community construction, support residents' committees to carry out their work, and actively cooperate with public security, civil affairs, ecological environment, urban management comprehensive law enforcement and other departments to do related work. "

(15) Article 63 is amended as: "Property service providers shall establish an inspection system and a complaint handling system for owners. When finding potential safety hazards in buildings and their ancillary facilities and equipment, reasonable measures shall be taken to protect the personal and property safety of the owners, and the owners and relevant departments shall be informed in time.

"Property service providers shall take reasonable measures to stop illegal decoration, erection and unauthorized change of the use function of houses in the property management area, report to the relevant administrative departments and assist in handling them."

(XVI) Article 65 is amended as: "The owner shall pay the property service fee according to the stipulations in the property service contract. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

"If the owner fails to pay the property service fee in accordance with the agreement, the property service provider and the owners' committee can urge them to pay within a time limit through on-site reminders and publicity in a prominent position in the property management area; If the payment is not made within the time limit, the property service provider may apply for arbitration or bring a lawsuit according to law. Those who refuse to perform after being confirmed by an arbitral award or judicial judgment shall be included in the list of people who have lost their trust in accordance with relevant regulations.

"Property service providers shall not demand payment of property fees by stopping power supply, water supply and gas supply."

(XVII) Paragraph 2 of Article 66 is amended as: "Where a charging system is implemented for property service charges, the property service provider shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners, and announce the income and expenditure of the property service funds at least once a year; The owners' committee may, according to the decision of the owners' congress or the agreement in the management agreement, hire a professional organization to audit the income and expenditure of property service funds. "

(XVIII) Article 67 is amended as: "Property service providers shall publicize the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income for a long time in a prominent fixed position within the property management area, and report to the owners' meeting and owners' committee".

(XIX) Article 71 is amended as: "Three months before the expiration of the realty service contract, the owners' committee shall organize an owners' meeting and decide to renew or select the realty service provider, and inform the realty service provider of the decision in writing.

"If the owners' congress decides to renew their employment, the owners' committee shall renew the realty service contract with the realty service provider one month before the expiration of the realty service contract; If it is decided to hire another person, the property service provider shall withdraw from the property management area within the time limit stipulated in the property service contract. If the term of the realty service contract is not specified, it shall withdraw from the realty management area within 15 days from the date of termination of the realty service contract.

"When the term of the realty service contract expires, the owners' meeting fails to make a decision on renewal or renewal, and the original realty service provider voluntarily continues to provide services in accordance with the original contract, the original realty service contract will be automatically extended until the owners' meeting makes a decision on renewal or renewal. The parties may terminate the realty service contract at any time, but shall notify the other party in writing 60 days in advance.

"If the realty service provider decides not to renew the realty service contract, it shall notify the owners' committee in writing 90 days before the expiration of the realty service contract. "

(20) Article 72 is amended as: "When a property service provider withdraws from the property management area, it shall hand over the following materials and property to the owners' committee, the owners who decide to manage themselves or their designated persons, and cooperate with the newly-selected property service provider to do a good job of handover; If there is no owners' committee or owners decide to manage themselves or their designated persons, it shall be handed over to the town government and sub-district office where the property is located for escrow:

"(a) the information handed over in accordance with the provisions of article fifty-seventh of these regulations;

"(two) the premises, venues and facilities for property services are owned by the owners;

"(three) the fixed facilities and equipment configured during the property service period;

"(four) the information that the property service person should file;

"(five) the use of part of the business-related information owned by the owner, the property service fee or decoration deposit received in advance and other property that should be handed over;

"(six) the owner information generated during the property management service;

"(seven) the implementation of the salary system, should be handed over to the management period of financial information such as account books, vouchers;

"(eight) other materials and property that should be handed over.

"The newly hired realty service provider shall, after the original realty service provider withdraws from the realty management area, go through the handover procedures with the owners' committee, the owners who decide to manage themselves or their designated persons, and the original realty service provider shall truthfully inform the use and management of the property.

"The town government and sub-district offices shall supervise and guide the handover of new and old property service enterprises."

(twenty-one) the "consent" in the first paragraph of article 77 is changed to "unanimous consent".

(22) Paragraph 2 of Article 78 is amended as: "The profits generated by the use of the owner's part by the construction unit, property service providers and others, after deducting reasonable expenses, shall be owned by the owner. The owner's income is mainly used to supplement the special maintenance funds of the property, and can also be used according to the decision of the owners' meeting. "

(XXIII) Article 81 is amended as: "The expenses for maintenance, renewal and renovation of the * * property, if agreed, shall be shared according to the agreement; If there is no agreement or the agreement is unclear, it will be shared according to the proportion of the owner's exclusive area. "

(twenty-four) delete the second paragraph of article eighty-third.

(25) Item 8 of Paragraph 1 of Article 87 is amended as: "Other acts stipulated by laws and regulations."

(26) Amend the word "or" in the first paragraph of Article 88 to "or" and amend the third paragraph to "other acts stipulated by laws and regulations."

(twenty-seven) the ninety-first "less than ten thousand yuan" is amended as "less than fifty thousand yuan".

(twenty-eight) the "undisclosed service content, service standards, charging items and charging standards" in the third paragraph of Article 95 is amended as "undisclosed property service content, or not reported to the owners' meeting or owners' committee".

(twenty-nine) the "administrative punishment" in Article 97 is amended as "punishment".

(30) Delete Article 98.