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Contents of property management measures for urban residential quarters in Shandong Province
Article 1 In order to strengthen the property management of urban residential quarters, safeguard the legitimate rights and interests of owners, maintain the living order of residential quarters, improve the living environment and raise the level of urban civilization, these measures are formulated in accordance with the relevant provisions of the state and combined with the actual situation of this province.
Article 2 These Measures shall apply to the properties of residential quarters within the urban planning area of this province.
Article 3 The term "residential area" as mentioned in these Measures refers to a residential area that has achieved a certain scale through unified planning, comprehensive development and supporting construction.
The term "property" as mentioned in these Measures refers to all kinds of houses and supporting public facilities, equipment and public venues in residential areas.
The term "property management" as mentioned in these Measures refers to the activities of property management enterprises and owners to maintain and repair residential property according to the contract.
The term "owners" as mentioned in these Measures refers to the owners of various houses in residential areas.
Fourth residential property management should follow the principles of fairness, voluntariness, convenience, mutual benefit and the combination of self-management and professional services.
Fifth people's governments at all levels should strengthen leadership, actively promote the property management of residential quarters, and create a beautiful, clean, comfortable, convenient, civilized and safe activity environment for urban residents.
Sixth construction or real estate administrative departments at all levels (hereinafter referred to as the property management department) are responsible for the property management of residential areas within their respective administrative areas.
Other relevant departments shall, in accordance with their respective responsibilities, cooperate with the management of residential quarters.
Seventh property management departments should strengthen the guidance and services to property management enterprises, coordinate and solve related problems, and help property management enterprises improve their management level and service quality.
Chapter II Owners' Congress and its Committees
Eighth residential areas have been delivered and the occupancy rate reached more than 50%, the property management department shall, in conjunction with the development and construction units, convene a general meeting of all owners to elect the owners' committee.
Article 9 The owners' committee is an organization that manages the property on behalf of all owners in residential areas. The chairman, vice-chairmen and members of the owners' committee are elected by the owners' congress among all the owners.
Article 10 The owners' committee shall perform the following duties under the supervision of the owners' congress:
(a) to convene and preside over the owners' meeting and report on the implementation of property management in residential areas;
(2) Selecting and appointing a property management enterprise through bidding, and concluding, modifying or terminating a property management contract with the property management enterprise;
(three) to draw up a plan for the use of public funds, and publish the use of funds on an annual basis;
(four) to examine and approve the property management plan put forward by the property management enterprise;
(five) to listen to the opinions and suggestions of the owners and supervise the work of the property management enterprises;
(six) to supervise the use of public facilities, equipment and public venues;
(seven) other duties entrusted by the owners' congress.
Article 11 The owners' committee shall hold regular meetings, which shall be attended by more than half of the members, and its decision shall be valid only if it is approved by more than half of all the members.
When the owners' committee holds a meeting, it may invite relevant government departments and sub-district offices, police stations, residents' committees, property management enterprises and other units to participate.
Twelfth decisions of the owners' congress and the owners' committee are binding on the owners and non-owners of this residential area.
Thirteenth residential areas should formulate the owners' convention.
The owners' convention shall come into effect after discussion and adoption by the owners' meeting. Before the entry into force of the owners' convention, the owners and non-owners shall abide by the property management norms of residential quarters formulated by the development and construction units.
Chapter III Transfer of Property Management
Fourteenth residential areas after the completion of the development and construction units must apply to the relevant departments for comprehensive acceptance. Only those who pass the comprehensive acceptance can go through the formalities of property management transfer.
Fifteenth residential owners committee was established, the property management work by the development and construction units responsible for the costs borne by the development and construction units.
Article 16 After the establishment of the owners' committee of residential quarters, the development and construction unit shall hand over the property management of residential quarters to the owners' committee and provide the following information:
(a) the approval documents for the construction of residential quarters;
(two) the general plan for the planning and completion of residential quarters;
(3) as-built drawings of houses and supporting public facilities and equipment;
(4) Underground pipe network diagram;
(5) Quality acceptance data;
(6) Other necessary information.
The above information shall be kept by the owners' committee or the property management enterprise.
Seventeenth development and construction units in the sale of residential, according to the relevant provisions of the provincial government to collect property management funds from the owners.
Development and construction units in the transfer of residential property management, should be the property management company * * * funds in the name of the owners' committee one-time deposit in financial institutions, according to the residential sub-account storage, and accept the supervision and management of the property management department.
Eighteenth property management company * * * the ownership of funds belongs to all owners of this residential area.
The use of public funds for property management is decided by the owners' meeting, and the special funds are used for the start-up of property management in this residential area and the maintenance, renewal and construction of public facilities, and no unit or individual may misappropriate them.
Nineteenth development and construction units in the transfer of residential property management space, should be in accordance with the relevant provisions of the owners' committee to provide property management space and a certain proportion of commercial space.
Commercial housing is provided by the development and construction unit at the cost price, and its purchase cost can be temporarily paid from the public funds of property management and gradually recovered from the operating income of commercial housing.
The proportion of commercial buildings shall be determined by the city people's government.
Chapter IV Property Management Enterprises
Twentieth property management enterprises must be registered in accordance with the law, and obtain the qualification certificate of property management enterprises issued by the provincial construction administrative department before they can engage in property management.
Twenty-first property management companies shall undertake the property management of residential areas according to the contracts signed with the owners' committee.
The property management contract shall specify the items, standards, authority, term, expenses, liability for breach of contract and other rights and obligations of the property management.
Twenty-second property management companies charge property management service fees from owners and non-owners, and the charging items and standards shall be declared to the competent price department and subject to supervision and inspection by the competent price department and the property management department.
Article 23 Property management enterprises shall provide owners with public services such as sanitation, maintenance of public facilities, safety and greening, and collect and remit agency services such as utilities, gas, cable TV and telephone charges, respectively, in accordance with relevant state regulations.
Twenty-fourth property management companies to provide owners with special services other than those agreed in the contract, and the service fee shall be agreed by both parties.
Chapter V Property Maintenance
Twenty-fifth all owners and non-owners should take good care of and use residential property correctly. The following acts are prohibited in residential areas:
(a) trampling and occupying green space;
(two) damage to the garden;
(3) occupying public facilities and venues such as passages and parking lots;
(four) littering, confetti, burning garbage and debris;
(5) making excessive noise;
(six) Luanda, Luanjian, graffiti, graffiti;
(seven) stacking or using flammable, explosive, toxic and radioactive materials at will;
(eight) other acts prohibited by the government or the owners' convention.
Twenty-sixth house door maintenance, by the owners themselves.
The maintenance cost of public facilities in a unit building shall be shared by the owners according to their share in the building.
The maintenance responsibility of the leased house shall be agreed by both parties in the lease contract.
Twenty-seventh residential areas dedicated to the owners of public facilities and public venues maintenance costs, by the owners in proportion to their share of the construction.
The maintenance costs of public facilities, equipment and public venues that are not exclusive to the owners shall be borne by the beneficiaries or relevant departments.
Twenty-eighth houses and ancillary facilities affect the city appearance or endanger public safety, the owners shall timely repair; If the maintenance is delayed or refused, the owners' committee may entrust the property management enterprise with compulsory maintenance, and the expenses shall be borne by the owners.
Twenty-ninth residential water supply, power supply, gas supply, communication and other social public facilities maintenance, according to the relevant provisions of the state.
Chapter VI Legal Liability
Article 30 Whoever engages in the property management business of residential quarters without obtaining the qualification certificate of property management enterprises shall be ordered by the property management department to go through the formalities within a time limit and may be fined 1000 yuan.
Thirty-first property management companies to raise fees without authorization, shall be punished by the competent price department according to the relevant provisions of the state.
Thirty-second in violation of the provisions of article twenty-fifth, the property management department and other relevant departments shall be punished according to law; If losses are caused, it shall be liable for compensation.
Thirty-third in accordance with the measures for the implementation of fine punishment, shall use the provincial finance department issued a unified fine bill. All the fines were turned over to the state treasury.
Thirty-fourth if a party refuses to accept the decision on administrative punishment made in accordance with these measures, it may apply for reconsideration or bring a lawsuit to the people's court according to law. If the party concerned fails to apply for reconsideration, bring a lawsuit to the people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Chapter VII Supplementary Provisions
Thirty-fifth residential areas that have been delivered for use before the implementation of these measures are not built according to the planning and design requirements, the original development and construction units shall make up and improve in accordance with the provisions, and gradually implement property management in accordance with the provisions of these measures.
Thirty-sixth urban residential areas, villas, office buildings, complex buildings and other property management, can be implemented with reference to these measures.
Thirty-seventh approach entrusted to the Provincial Construction Committee is responsible for the interpretation of.
Article 38 These Measures shall come into force as of the date of 1997 65438+2 1. On June 1989, the Interim Measures for the Administration of Urban Residential Areas in Shandong Province (Lu [1989] 14 1) promulgated by the Shandong Provincial People's Government was abolished at the same time.
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