Measures of Handan Municipality on Property Management

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

Article 2 The term "property management" as mentioned in these Measures refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities, equipment and related sites in accordance with the stipulations of the property service contract, so as to maintain the environmental sanitation and order in the relevant areas.

Third city real estate administrative departments are responsible for the supervision and management of the city's property management activities, and directly participate in the property management activities in the main city.

Handan county real estate administrative department is responsible for the supervision and management of property management activities in the county that are not included in the main city. Other counties (cities), Fengfeng mining area people's government real estate administrative departments responsible for the supervision and management of property management activities within their respective administrative areas.

Chapter II Owners and Owners' Congress

Article 4 The owner of a house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the property management enterprises to perform the property service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Article 5 Owners shall perform the following obligations in property management activities:

(a) abide by the owners' convention and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Article 6 All owners in the property management area form the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

Seventh a property management area to set up an owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. The specific measures shall be implemented in accordance with the relevant provisions of the province.

Eighth residential owners more than 200 people (including 200 people), according to the building, unit, floor and other units elected representatives to participate in the owners' meeting.

If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent in writing on the matters to be discussed at the meeting of the owners' congress three days before attending the meeting. If a vote is required, the owner's representative shall truthfully reflect the specific votes of the owners for, against and abstaining from voting at the owners' meeting.

If the owner's representative is unable to attend the meeting of the owners' congress for some reason, the owner he represents may elect another owner's representative to attend.

If only one owner or a few owners decide not to set up the owners' meeting with the unanimous consent of all owners, the owners shall perform the duties of the owners' meeting and the owners' committee.

Article 9 When preparing for the establishment of the first owners' meeting, the owners' representatives and the construction units (including the units selling public housing) shall, under the guidance of the real estate administrative department and the neighborhood offices (township people's governments) where the property is located, form a preparatory group for the owners' meeting and be responsible for the preparations for the owners' meeting.

The preparatory group shall, within 30 days from the date of its formation, organize the owners to hold the first meeting of the owners' assembly under the guidance of the real estate administrative department where the property is located, and elect the owners' committee.

The voting right of the owners at the first meeting of the owners' congress is determined according to the building area of the property owned by the owners, the number of residential units and other factors. The specific measures shall be implemented in accordance with the relevant provisions of the province.

Article 10 The owners' congress shall perform the following duties:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) decided by all the owners of the owners' assembly and the owners' committee to carry out the fund raising, management and use;

(six) to formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area;

(seven) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Eleventh owners' meeting can be in the form of collective discussion, or in the form of written comments; However, there should be owners who hold more than 1/2 voting rights in the property management area to participate.

The owner may entrust an agent to attend the meeting of the owners' congress.

The decision made by the owners' meeting must be approved by the owners 1/2 or more voting rights present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.

The decision of the owners' meeting is binding on all owners in the property management area.

Twelfth meetings of the owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, the owners' committee shall organize an interim meeting of the owners' congress.

Thirteenth owners' meeting shall be held, and all owners shall be notified 15 days before the meeting.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Article 14 The owners' committee is the executive body of the owners' congress and performs the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress.

Article 15 The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government where the property is located, and the main urban area shall file with the real estate administrative department of the Municipal People's government, and provide the following information:

(1) An application for registration of the establishment of the owners' committee;

(two) the basic situation of the property and the owners;

(three) the list of members of the owners' committee and the basic information;

(4) Articles of association of the owners' congress;

(five) the resolution of the first owners' meeting.

If the owners' committee changes or changes, it shall go through the formalities for filing the change in time.

Article 16 After filing with the real estate administrative department at or above the county level, the owners' committee shall apply to the public security department for engraving the seals of the owners' congress and the owners' committee on the basis of the letter of introduction for engraving seals issued by the real estate administrative department.

Seventeenth members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The number of members of the owners' committee shall not be less than 5, which shall be singular (the specific number shall be decided by the owners' congress).

The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.

Eighteenth owners' convention shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the convention.

The owners' convention is binding on all owners.

Article 19 The rules of procedure of the owners' congress shall stipulate the methods of discussion, voting procedures, methods for determining the voting rights of owners, the composition of the owners' committee and the term of office of its members.

Twentieth in the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees.

Chapter III Early Property Management

Twenty-first in the owners' meeting, the owners' meeting hiring property management companies, the construction unit hiring property management companies, should sign a written preliminary property service contract.

Article 22 The construction unit shall formulate a temporary owners' convention before the sale of the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the convention.

The temporary owners' convention formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-third construction units should express the temporary owners' convention to the property buyers before the sale of the property, and explain it.

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.

Twenty-fourth residential property construction units shall employ property management enterprises 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 county (city, district) people's government where the property is located, the property management enterprise with corresponding qualifications can be selected by agreement.

Twenty-fifth owners shall not dispose of the ownership or use right of the * * * parts and * * * facilities and equipment of the property according to law.

Twenty-sixth in the property acceptance procedures, the construction unit shall hand over the following information to the property management enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

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

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty management enterprise shall hand over the above information to the owners' committee.

Twenty-seventh construction units shall, in accordance with the provisions, configure the necessary property management space in the property management area. Development and construction units in the transfer of residential property, the total construction area of 300 thousand square meters below the proportion of 0.2% (at least 30 square meters), to provide residential property management space; If the total construction area is more than 300,000 square meters, the housing for residential property management (at least 600 square meters) shall be provided at the ratio of 0./kloc-0.5%, and the property rights shall be owned by all owners and used by property management enterprises.

The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state.

Twenty-eighth county (District) people's government real estate administrative departments to participate in the comprehensive acceptance of residential property within the jurisdiction, the main city by the Municipal People's government real estate administrative departments to participate in the comprehensive acceptance of residential property.

Chapter IV Property Management Services

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

Thirtieth enterprises engaged in property management activities should have independent legal personality, and must hold the property management qualification certificate issued by the relevant departments before they can carry out property management business.

If a property management enterprise outside the city enters the city to engage in property management business activities, it is necessary to hold the relevant legal and valid certificates such as the qualification certificate (original) of the property management enterprise and go to the municipal real estate administrative department for the record.

Article 31 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.

Thirty-second 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 relevant materials to the property management enterprise.

When the realty service contract is terminated, the realty management enterprise shall return the realty management house and related materials 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.

Thirty-third 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.

Article 34 A property management enterprise may entrust the special service business within the property management area to a professional service enterprise, but may not entrust all the property management within the area to others.

Thirty-fifth property service charges should follow the principles of rationality, openness and the adaptation of charging standards to service levels. Where centralized charges can be consolidated, centralized charges shall be consolidated. Specific charging methods shall be implemented in accordance with relevant regulations and agreed in the property service contract. Price departments and real estate administrative departments should strengthen the supervision of property service charges.

Thirty-sixth 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.

Thirty-seventh property management area, water supply, power supply, gas supply, heating, communications, cable television and other units shall charge the relevant fees to the end users.

If the property management enterprise accepts the entrustment to collect the above fees, it shall not charge the owners any additional fees such as handling fees.

Thirty-eighth public lighting facilities in residential areas are maintained and managed by property management companies, and electricity charges are paid by owners or property users.

Thirty-ninth 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 when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

Fortieth property management enterprises can openly recruit employees through the labor market. Those who give priority to the employment of laid-off workers can enjoy preferential policies for reemployment.

Chapter V Use and Maintenance of Property

Forty-first public buildings and facilities built in accordance with the planning within the property management area shall not be changed.

Owners need to change the use of public buildings and facilities in accordance with the law, and shall inform the property management enterprise after handling the relevant formalities in accordance with the law; If a property management enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Forty-second owners and property management companies shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property management companies shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Forty-third water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities in the property management area according to law.

The water supply, power supply and gas supply departments are responsible for the maintenance and conservation of out-of-bounds (including meters) pipelines and equipment bounded by household meters in the building.

The use of urban central heating, heating pipes, heating facilities and equipment by the heating department is responsible for the repair and maintenance.

Where self-provided boilers, central air-conditioning heating and geothermal heating are used for heating, the heating unit shall be responsible for the maintenance and conservation of relevant pipelines, facilities and equipment.

If the above departments or units need to temporarily occupy or dig roads and sites for maintenance, they shall restore the original state in time.

Forty-fourth owners need to decorate the house, it should inform the property management enterprise in advance. The property management enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

Article 45 The owners of residential properties, non-residential properties in residential areas or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations.

Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes.

The collection, use and management of special maintenance funds shall be implemented in accordance with relevant regulations.

Forty-sixth property security risks, endangering public interests and the legitimate rights and interests of others, the responsible person should be timely maintenance, the relevant owners should cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property management enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.

Article 47 Where an owner employs a property management enterprise to carry out property management in the property management area, the management matters such as carports, parking spaces, garbage cleaning, hygiene and safety, which were originally managed by sub-district offices, residents' committees, public security police stations and construction units, shall be handed over to the property management enterprise for management.

Forty-eighth sanitation departments shall, in accordance with the relevant provisions, collect garbage clearance fees from owners and property users who produce garbage, or entrust property management companies to collect them on their behalf by signing paid service agreements.

Chapter VI Legal Liability

Article 49 If, in violation of the provisions of these measures, a residential property construction unit employs a property management enterprise without bidding or approval, and employs a property management enterprise by agreement, the real estate administrative department shall order it to make corrections within a time limit, give it a warning, and may impose a fine of 6,543,800 yuan.

Fiftieth in violation of the provisions of these measures, the construction unit arbitrarily disposes of the ownership or use right of the property parts and facilities belonging to the owners, and the real estate administrative department shall impose a fine of 50 thousand yuan to 200 thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Fifty-first in violation of the provisions of these measures, do not transfer the relevant information, the real estate administrative department shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property management enterprise shall be notified, and a fine of 65,438 yuan or more and 65,438+10,000 yuan or less shall be imposed.

Article 52 If a property management enterprise, in violation of the provisions of these measures, hires personnel who have not obtained the professional qualification certificate of property management to engage in property management activities, the real estate administrative department shall order it to stop the illegal act and impose a fine of 50,000 yuan to 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

Fifty-third in violation of the provisions of these measures, the property management enterprise will entrust all the property management in a property management area to others, and the real estate administrative department shall order it to make corrections within a time limit and impose a fine of more than 30% and less than 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

Fifty-fourth in violation of the provisions of these measures, misappropriation of special maintenance funds, the real estate administrative departments to recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the amount of misappropriation; Property management companies misappropriate special maintenance funds, and if the circumstances are serious, the qualification certificate shall be revoked by the department that issued the qualification certificate; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.

Article 55 If the construction unit fails to allocate the necessary property management premises in the property management area in violation of the provisions of these measures, the real estate administrative department shall order it to make corrections within a time limit, give it a warning, confiscate its illegal income and impose a fine of 6,543,800 yuan to 500,000 yuan.

Article 56 If a property management enterprise, in violation of the provisions of these measures, changes the use of property management premises without the consent of the owners' meeting, the real estate administrative department shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan or more and 6,543,800 yuan or less; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

Fifty-seventh in violation of the provisions of these measures, one of the following acts, the real estate administrative department shall order it to make corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:

(a) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.

Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.

Fifty-eighth in violation of the property service contract, the owners did not pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Fifty-ninth owners in the name of the owners' congress or the owners' committee, engaged in activities in violation of laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.

Article 60 If the staff of the real estate administrative department or other relevant administrative departments, in violation of the provisions of these measures, take advantage of their positions to accept other people's property or other benefits, fail to perform their duties of supervision and management according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter VII Supplementary Provisions

Article 61 These Measures shall be implemented as of June 1 65438+1October1day, 2003. "Handan residential property management measures" shall be abolished at the same time.