Regulations on Property Management of Urban Residential Areas in Jiangxi Province

Article 1 In order to strengthen and standardize the property management of urban residential quarters (hereinafter referred to as residential quarters), safeguard the legitimate rights and interests of owners, users and property management enterprises, and create a safe, beautiful, comfortable and civilized living environment, these Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this province.

Article 2 These Regulations shall apply to the property management activities of residential quarters within the administrative area of this province and the supervision and management of their implementation.

Article 3 The term "property" as mentioned in these Regulations refers to all kinds of houses, facilities and equipment used in residential areas.

The term "owners" as mentioned in these Regulations refers to the owners of residential properties.

The term "user" as mentioned in these Regulations refers to the lessee of the property and other people who actually use the property.

The term "property management enterprise" as mentioned in these Regulations refers to the enterprise that accepts the entrustment of the owners or the owners' committee and provides professional management services according to the property management service contract.

Fourth new residential areas in the city and the original residential areas with complete facilities and equipment should implement property management.

* * * Residential areas with relatively concentrated houses and incomplete facilities and equipment shall be organized and rectified by the local people's government to create conditions for the gradual implementation of property management.

The scope of residential quarters shall be defined by the real estate administrative department of the local people's government (hereinafter referred to as the local housing management department) according to the relevant situation of residential buildings and facilities.

Fifth residential property management to implement the principle of combining owner autonomy management and professional paid services of property management enterprises.

Article 6 The real estate administrative department of the people's government at or above the county level (hereinafter referred to as the housing management department at or above the county level) is the administrative department in charge of the property management of residential quarters within their respective administrative areas, and is responsible for organizing the implementation of these Regulations and supervising and managing the property management within their respective administrative areas.

City residents' committees and public security police stations shall guide and supervise the property management of residential quarters according to law. Seventh residential roads and drainage facilities in the daily maintenance and repair management, by the property management companies; Belonging to urban roads and public drainage facilities shall be the responsibility of the municipal administrative department.

Eighth residential greening construction by the development and construction units responsible for; * * * The daily maintenance and repair management of the green space and garden facilities used shall be the responsibility of the property management enterprise, and accept the guidance and supervision of the landscaping management department.

Ninth property management companies should be responsible for the cleaning of roads, surrounding residential buildings, green spaces, corridors and other public environments within the planned land for residential areas.

The daily maintenance and management of environmental sanitation facilities such as toilets, septic tanks, garbage stations (boxes and roads) used in residential areas are the responsibility of property management companies; The cleaning and removal of toilets and septic tanks shall be the responsibility of the city appearance and environmental sanitation management department; Domestic garbage is collected by the property management enterprise to the garbage transfer station, and the removal work is undertaken by the city appearance and environmental sanitation management department.

Tenth high-rise buildings are bounded by the total billing water meter of the water supply pump house in the building, and multi-storey buildings are bounded by the tap water meter wells outside the building. Water supply enterprises are responsible for the maintenance and management of water supply pipelines and equipment (including billing water meters) outside the boundary; The water supply pipelines and equipment (including water meters and wells to users) within the battery limit are maintained and managed by the property management company.

Eleventh residential power supply lines, gas supply lines, fire fighting equipment, street lamps, etc. , belonging to the * * * facilities, the property management enterprise is responsible for the maintenance and management; Belongs to the public * * * part, respectively, by the power supply and gas supply enterprises and fire, street lamp management department is responsible for the maintenance and management.

Twelfth water supply, power supply and gas supply enterprises shall measure the water, electricity and gas consumption of residents, one meter for each household, and settle accounts by households, and regularly read meters according to regulations.

Water supply, power supply, gas supply and other enterprises can entrust property management companies to collect related expenses. Thirteenth public housing sales construction area of more than 30% or new commercial housing sales construction area of more than 50%, the owners' committee shall be established. The owners' committee is elected by the local housing management department in conjunction with the residential sales unit to convene the owners' meeting or the owners' congress.

Fourteenth owners' congress is composed of all owners of residential areas; If there are a large number of owners, each building shall elect owners' representatives in proportion to the number of households to form the owners' meeting.

The owners' congress or owners' congress shall be attended by more than half of the owners or owners' representatives. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of all owners or owners' representatives.

The owners' committee shall hold at least 1 owners' congress or owners' congress every year; In case of special circumstances, upon the proposal of more than 65,438+05% of the owners or owners' representatives, the owners' committee shall convene the owners' meeting or owners' representative meeting on the proposed topic.

The owners' congress or owners' congress shall invite representatives of residents' committees and users to attend.

Fifteenth owners' congress or owners' congress shall exercise the following functions and powers:

(a) to elect and recall members of the owners' committee;

(2) Examining and adopting the owners' convention and the articles of association of the owners' committee;

(three) to listen to and consider the work report of the owners' committee, change or cancel the inappropriate decisions of the owners' committee, and supervise the work of the owners' committee;

(4) Deciding to hire or dismiss the property management enterprise;

(five) to listen to and consider the maintenance fund budget and final accounts report, and supervise the use of the maintenance fund;

(six) to decide on other major matters of property management.

The owners' convention and articles of association of the owners' committee formulated by the owners' congress or the owners' congress shall not conflict with laws, regulations and rules.

Article 16 The owners' committee is an organization that represents all owners of residential areas to implement autonomous management of property.

The owners' committee shall, within 30 days from the date of election, submit the following documents to the local housing management department for the record:

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

(two) the list of members of the owners' committee;

(3) Articles of association of the owners' committee.

Seventeenth members of the owners' committee shall be held by the owners. The number of members of the owners' committee shall not be less than 5, which is an odd number. The owners' committee consists of a chairman, vice-chairmen and members.

The term of office of the owners' committee is 3 years.

Eighteenth owners' committee shall safeguard the legitimate rights and interests of all owners and perform the following duties:

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

(2) Drafting the owners' convention and the draft articles of association of the owners' committee;

(three) the implementation of the owners' congress, the owners' congress decided to hire or dismiss the property management enterprise, and conclude, modify or terminate the property management service contract with the property management enterprise;

(four) to consider the annual plan, financial budget and final accounts of property management services proposed by the property management enterprise;

(five) regularly check and supervise the use of the maintenance fund entrusted by the property management enterprise;

(six) to listen to the opinions and suggestions of the owners and users, and to supervise the management service activities of the property management enterprises;

(seven) to supervise the rational use of facilities and equipment;

(eight) other duties entrusted by the owners' congress or the owners' congress.

The owners' committee shall hold regular meetings in accordance with the provisions of its articles of association, and the meeting must be attended by more than half of the members, and the decision shall be passed by more than half of all the members. Nineteenth property management companies engaged in property management services, should sign a property management service contract with the owners' committee.

In the property management service contract, the parties shall agree on the following matters of the property management service, and agree on the charges of various services according to the charging standards:

(a) the daily maintenance and repair management of building components;

(2) Daily maintenance and repair management of facilities and equipment;

(3) cleaning service;

(4) security services;

(five) other services entrusted by the owners or users.

Twentieth property management companies should provide property management services in accordance with the following requirements:

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

(two) before the use of the house, inform the owner and user in writing of the use and maintenance methods, requirements, precautions and relevant provisions of laws and regulations of the * * parts and * * facilities and equipment of the house;

(three) entrusted by the owners' committee to trust the maintenance fund and use the maintenance fund according to the financial budget approved by the owners' committee;

(four) to conduct a comprehensive patrol and inspection of residential areas, and regularly carry out daily maintenance of residential areas and facilities;

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

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

(seven) do a good job in the accounts of property management fees, and properly keep the property files and related financial books;

(eight) half a year to announce the use of 1 time property management service fees and maintenance funds, and accept the supervision of the owners and owners' committees;

(nine) regularly listen to the opinions and suggestions of the owners' committee, owners and users, and improve and perfect the management services;

(ten) found in violation of this Ordinance or the owners' convention, immediately discourage and stop, and report to the owners' committee and the relevant administrative departments;

(eleven) in accordance with the requirements of the property management service contract, do other management services.

Twenty-first property management service charges should follow the principles of rationality, openness, fairness and adaptability to management level.

Twenty-second in the formulation of specific standards for property management public service charges and special service charges, the price management department shall, in conjunction with the housing management department, implement the price hearing system.

Twenty-third property management service charges include the following items:

(a) public service charges, the implementation of government pricing, to provide owners and users with daily maintenance of residential parts, facilities and equipment, cleaning, security and other public services;

(two) special service charges, the implementation of government guidance, for the elevator, power supply, secondary water supply and other housing equipment operation services;

(three) special service charges, the implementation of independent pricing operators, to provide property management companies with special services for the personalized needs of owners and users.

Twenty-fourth property management companies should publish projects and standards. In accordance with the provisions of this Ordinance, if the property management service fee has been charged to the owners and users, no other unit or individual may charge it repeatedly.

Property management service fees can be agreed in advance, but the period of advance payment shall not exceed 3 months.

Without the entrustment of the owners' committee or the owners and users, the owners and users have the right to refuse to pay if the property management enterprise charges by itself.

Twenty-fifth property management companies should handle the following matters within 10 days after the termination or dissolution of the property management service contract, and report to the local housing management department for the record:

(a) the property management service fee received in advance shall be settled according to the actual usage, and the overcharged part shall be refunded;

(two) the transfer of all property files and related financial books;

(3) handing over the houses, sites and other properties owned by the owners.

Twenty-sixth residential development and construction units should do a good job in the preliminary property management, and the maintenance costs during the warranty period shall be borne by the development and construction units. The use of maintenance funds for early property management must be audited by the local housing management department in advance.

The prophase property management mentioned in the preceding paragraph refers to the property management from the sale of houses to the establishment of the owners' committee.

Twenty-seventh residential comprehensive acceptance, the development and construction unit shall hand over the following engineering data to the owners' committee, and report to the urban construction archives:

(a) the general plan for the planning and completion of residential quarters;

(2) As-built drawings of single building structures and equipment;

(3) Pipeline completion drawing;

(four) other information required for property management.

Newly built residential areas shall not be delivered for use without comprehensive acceptance or unqualified comprehensive acceptance.

Article 28 A residential development and construction unit shall provide necessary housing for property management services in accordance with regulations, and the expenses shall be included in the development and construction costs. The property rights shall be owned by all owners and provided to the property management enterprises for use with compensation, and the use of the proceeds shall be decided by the owners' committee. Twenty-ninth the following acts are prohibited in the use of property:

(a) damage to the bearing structure of the house and damage to the appearance of the house;

(two) occupation, damage to residential parts, facilities and equipment, or unauthorized removal of equipment;

(3) Building buildings and structures on patios, gardens, platforms, roofs, roads or other sites;

(four) set up stalls and bazaars;

(five) littering, sundry;

(6) Posting and depicting on buildings and structures;

(seven) discharge or pile up toxic and harmful substances, pile up explosives or make noise exceeding the standards prescribed by environmental protection;

(eight) illegal production, management, processing, breeding and other activities;

(nine) other acts prohibited by laws and regulations.

Thirtieth owners or users of residential decoration, should inform the property management companies in advance. The property management enterprise shall inform the owners or users of the prohibited acts and matters needing attention in the decoration of houses.

Property management companies found in violation of the provisions of this Ordinance twenty-ninth, should be discouraged to stop, and urge to correct; Refuses to correct, it shall promptly inform the owners' committee, and report to the relevant administrative departments for handling according to law.

Thirty-first owners or users shall not change the nature of residential use without authorization. If it is necessary to change the nature of use due to special circumstances, it shall meet the requirements of urban planning and go through the examination and approval procedures according to law.

Public buildings and facilities shall be built in residential areas according to the planning, and the nature of use shall not be changed at will.

Thirty-second residential parts, facilities and equipment maintenance, adjacent owners and users should cooperate. If an adjacent owner or user obstructs maintenance and causes property losses to other owners or users, the responsible person shall be responsible for compensation.

Due to property maintenance, decoration, adjacent owners, users occupied parts, equipment damage or other property losses, the responsible person shall be responsible for compensation.

Article 33 No unit or individual may occupy the separated roads and sites in residential areas. If it is necessary to temporarily occupy or dig roads and sites between sections due to property maintenance or public interests, an agreement shall be signed with the owners' committee and the original state shall be restored within the agreed time limit.

In addition to public security, fire fighting, emergency rescue, ambulance, sanitation, funeral and other special vehicles, the provisions of motor vehicle parking in residential areas are decided by the owners' Committee. There is a fixed parking lot and management service personnel, and the vehicle parking fee is implemented according to the standards approved by the price management department. The income from vehicle parking should be included in the maintenance fund.

Thirty-fourth the use of property to set up advertising and other business facilities, should be in the written consent of the relevant owners, users and owners' committees, in accordance with the relevant provisions of the examination and approval procedures; If approved, it shall sign an agreement with the owners' committee and pay the setting fee. The fees collected are included in the maintenance fund. Thirty-fifth in the sale of public housing and new residential areas at the same time, should set up residential parts, facilities and equipment maintenance fund (hereinafter referred to as the maintenance fund).

Belonging to the sale of public housing, the maintenance fund shall be drawn by the public housing selling unit at least at 20% of the sales price of multi-storey housing and 30% of the sales price of high-rise housing; Property buyers shall pay the maintenance fund to the selling unit in accordance with the proportion of 2% of the purchase price.

When selling commercial housing in newly-built residential quarters, the purchaser shall pay the maintenance fund to the sales unit in accordance with the proportion of 2% of the purchase price.

Thirty-sixth maintenance funds shall be deposited in a special bank account for special purposes.

Maintenance fund households should be set up according to a single house and accounted for by households.

Thirty-seventh maintenance funds shall be used for the overhaul, renewal and transformation of residential parts and facilities after the expiration of the warranty period, and shall not be used for other purposes.

Thirty-eighth the use of maintenance funds, the annual financial budget proposed by the property management companies, approved by the owners' committee before implementation.

The cost of overhaul, renewal and transformation of the parts and equipment used in the house shall be borne by the owner of the whole house.

* * * The expenses for overhaul, renewal and transformation of facilities shall be borne by all owners of residential areas.

Man-made damage to the premises and facilities and equipment, maintenance and update costs shall be borne by the responsible person.

The maintenance and renewal costs of the occupied parts and equipment of the house shall be borne by the owner.

When the maintenance fund is insufficient, the owners' committee decides to continue to raise funds from the owners according to the proportion of residential construction area owned by the owners.

Thirty-ninth when the owner transfers the house, the remaining expenses in the maintenance fund account will not be refunded and will be transferred with the ownership of the house. Fortieth housing management departments at or above the county level shall establish a complaint acceptance system to accept complaints from owners' committees, owners, users and property management enterprises on violations of these regulations.

Article 41 After accepting a complaint, the housing management department shall conduct investigation and verification, and reply to the complainant within 30 days from the date of accepting the complaint.

If the complainant has any objection to the reply of the housing management department, he may request a review from the housing management department at the next higher level. The superior housing management department shall, within 30 days from the date of acceptance, reply to the complainant with the review opinions.

Forty-second complaints belong to the scope of responsibilities of other departments or enterprises, the housing management department shall, within 5 days from the date of acceptance, transfer them to the relevant departments or enterprises for handling, and inform the complainant in writing. Forty-third owners' congress, the owners' congress, the owners' committee made a decision in violation of the provisions of this Ordinance, the housing management department shall order it to correct or cancel its decision within a time limit, and notify all owners.

Forty-fourth in violation of the provisions of this Ordinance, the new residential development and construction unit has not handed over the engineering data or submitted for the record, and the housing management department shall order it to make corrections within a time limit. If no correction is made within the time limit, a fine of 654.38+10,000 yuan or more and 654.38+10,000 yuan or less shall be imposed.

Forty-fifth in violation of the provisions of this Ordinance, under any of the following circumstances, the housing management department shall order it to make corrections within a time limit and impose a fine of more than 50,000 yuan and 6,543.8+0,000 yuan:

(a) the development and construction unit of the new residential area has not carried out the preliminary property management or used the maintenance fund without authorization;

(two) the residential area without comprehensive acceptance or unqualified acceptance of delivery;

(three) the new residential development and construction units or public housing units have not set up a maintenance fund.

If the acts listed in Item (2) of the preceding paragraph are serious, the qualification certificate of the development and construction unit may be revoked.

Forty-sixth in violation of the provisions of this Ordinance, misappropriation of maintenance funds or losses caused by maintenance funds, by the financial sector and housing management departments. If the circumstances are serious, the administrative responsibility of the directly responsible person in charge and other responsible personnel shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 47 If a property management enterprise fails to perform the property management service contract in violation of Article 20 of these regulations, the owner or user has the right to complain to the owners' committee or the housing management department, which shall stop it and order it to make corrections within a time limit. If the circumstances are serious, have the right to terminate the entrusted management contract; If losses are caused to the owners and users, they shall be liable for compensation.

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

If the owner or user fails to pay the property management service fee as agreed in the property management service contract, the property management enterprise may charge a late fee of 3‰ of the payable fee on a daily basis or in accordance with the agreement.

Forty-eighth in violation of the provisions of article twenty-third, article twenty-fourth, article twenty-ninth, article thirty-first and article thirty-third, the relevant administrative departments shall be punished according to their respective duties and relevant laws and regulations.

Forty-ninth housing management departments and their staff did not perform their duties in accordance with the provisions of these regulations, poor management, which seriously affected the property management of residential areas within their respective administrative areas, and the administrative responsibility of the directly responsible person in charge and other responsible personnel shall be investigated according to law; Dereliction of duty, abuse of power and favoritism constitute a crime, and criminal responsibility shall be investigated according to law.

Fiftieth if a party refuses to accept a specific administrative act of the administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If a party neither applies for reconsideration nor brings a lawsuit within the statutory time limit, and fails to perform his obligations at the expiration of the time limit, the administrative department that has made the specific administrative act shall apply to the people's court for compulsory execution according to law. Article 51 The meanings of relevant technical terms in these Regulations are as follows:

(1) Self-use parts refer to the indoor space, indoor walls, patios, gardens and other parts of 1 residential house;

(2) Self-use equipment refers to the doors and windows, sanitary ware, water supply, drainage, gas pipelines, wires and other equipment leading to the main pipeline of 1 house;

(3) * * * Use parts refer to foyer, stairwell, water pump room, electricity meter room, elevator room, corridor, communication room, inner patio, bearing structure of house, outdoor wall, roof, etc. , used by the owners and users of the whole house, and the construction cost has been allocated to the sales value of the house.

(4) * * * Equipment refers to the water supply pipes, drainage pipes, downpipes, lighting fixtures, garbage passages, TV antennas, water tanks, pumps, elevators, lightning protection devices, fire fighting equipment and other equipment used by the owners and users of the whole house in 1 residential building, and the construction cost has been allocated to the sales price of the house;

(5) Supporting facilities * * * refers to the roads, green spaces, parking garages, street lamps, public welfare cultural and sports facilities, fire-fighting facilities, drainage pipes, pits, septic tanks, garbage stations (houses) and other facilities used by owners and users in residential areas, and their construction costs are allocated to the housing sales price;

(6) The load-bearing structure of a house refers to the foundation, load-bearing walls, beams and columns, floors and roofs of the house.

Article 52 Property management of non-residential buildings such as office buildings, commercial and residential buildings, villas and industrial zones shall be implemented with reference to these Regulations.

Article 53 These Regulations shall come into force as of March 6, 1999.