New Interpretation of Zhuhai Special Economic Zone Property Management Regulations (Draft for Comment)

On May 12, Zhuhai Municipal Bureau of Legal Affairs issued the Regulations on Property Management in Zhuhai Special Economic Zone (Draft for Comment) for public consultation. It is reported that the new regulations will expand the coverage to all communities for the first time, and propose that owners who fail to pay property management fees, property special maintenance funds and related expenses on time, relevant information will be publicized according to law and incorporated into the personal credit information system.

It is understood that in 2007, Zhuhai issued 1996 "Regulations on Property Management of Residential Quarters in Zhuhai" and "Regulations on Property Management in Zhuhai", and their scope of application is only applicable to the main city. This exposure draft upgraded "Zhuhai City" to "Zhuhai Special Economic Zone" for the first time. The relevant person in charge of Zhuhai Property Management Industry Association said that this means that the new regulations will apply to all administrative districts in Zhuhai, compared with before.

In the draft for comments, the collection methods and standards of Zhuhai property special maintenance funds and the responsibilities of the corresponding departments are specifically defined, the guidance, supervision and management responsibilities of the municipal and district property management administrative departments in property management activities are clearly defined, and the establishment of the owners' meeting and the operation of the industry Committee are standardized. Among them, for the owners or non-owners who fail to pay the property management fees, property special maintenance funds and related expenses on time, the relevant departments of the city and district shall provide relevant information. According to the relevant person in charge of Zhuhai Property Management Industry Association, this clause first appeared in Zhuhai, but it has been implemented in many cities in China and is an important part of the whole social credit system.

In the draft for comments, it is specifically proposed that in order to establish an electronic voting system for property management, owners should be encouraged to vote through the electronic voting system for matters that need to be decided by the owners' meeting as stipulated in laws, regulations, rules, normative documents and management regulations, so as to provide convenient and quick decision-making methods for owners to participate in public affairs in the property management area. The relevant person in charge of Zhuhai Property Management Industry Association said that domestic property management not only needs to be updated in concept, but also needs some new methods in implementation means. "Although this is only a small detail, it is also a bright spot."

The "Regulations (Draft for Comment)" made specific provisions on the property management area, owners' meeting, property supporting facilities and equipment, property management services, property maintenance and other contents.

Establish a credit system for property users.

It is understood that "Zhuhai Property Management Regulations" has played a positive role in regulating the property management market and promoting the property management in Zhuhai since it was promulgated and implemented on April 1 2008. However, with the development of the property management industry in our city, new contradictions and problems in property management are constantly emerging, and the original regulations can no longer meet the current actual needs, so it is urgent to re-formulate regulations to make corresponding modifications, supplements and improvements.

Incorrect collection of property fees is a common problem in property companies. In order to solve this problem, the content of credit management has been added to the regulations (draft for comments), and it is planned to establish a credit system for property service enterprises, property practitioners, owners and non-owners users. For owners or non-owners who have not paid property management fees, special maintenance funds and related expenses, the relevant departments of the city and district shall publicize relevant information according to law and incorporate it into the personal credit information system.

At the same time, the "Regulations (Draft for Comment)" also proposes to establish an electronic voting system for property management. Laws, regulations, rules and normative documents and management regulations require the consent of the owners, and advocate the owners to make decisions through electronic voting system.

Define the basic procedures for convening the first owners' meeting.

"Due to the limitation of the number of applicants and the reluctance of property companies to cooperate, the problem of the establishment of the owners' meeting is widespread. "The person in charge of the relevant departments of the Municipal Bureau of Legal Affairs told the reporter that the draft for comment refined and improved the Zhuhai Owners' Congress and the Guiding Rules for Members of the Owners' Congress, which was being implemented in our city, and clarified the basic procedures, cost sharing, members of the owners' committee and the registration system for the owners' congress.

The "Regulations (Draft for Comment)" stipulates that the development and construction unit shall, within 30 days from the date of meeting the conditions for the establishment of the owners' meeting, report the relevant situation in writing to the streets and towns, and post an announcement in the property management area to inform the owners. The cost of preparing for the first owners' meeting shall be borne by the development and construction unit.

The "Regulations (Draft for Comment)" clarified the requirements for the first establishment of the owners' meeting. In the property management area, under any of the following circumstances, more than 20% of the owners can jointly submit a written request to the streets and towns for the establishment of the owners' meeting: the construction area of the property that has been delivered for use has reached more than 50% of the construction area of the property management area or the construction area of the pre-development part; The first house has been sold and delivered for more than two years, and the delivered construction area has reached more than 30% of the total construction area of the property management area.

In addition, the "Regulations (Draft for Comment)" also stipulates that the development and construction unit shall submit the list of owners to the streets and towns within seven days from the date of meeting the conditions for the establishment of the owners' meeting. If the development and construction unit fails to provide the list of owners within the prescribed time limit, the district property management administrative department shall order it to provide it within seven days. If it still refuses to provide it within the time limit, it shall be handled by the district property management administrative department according to law.

Parking spaces in residential areas shall not be sold for free.

Parking spaces in residential areas, are they for sale or rent? Is the owner responsible or the property management company responsible? In recent years, for parking spaces, disputes often occur between owners and property, development and construction units. The Regulations (Draft for Comment) stipulates that parking spaces and garages planned for parking cars should first meet the needs of owners, and their ownership should be agreed by the parties through sale, gift or lease. Parking spaces and garages not sold or donated by the construction unit shall be given priority to the owners in this area; If the owner requests to rent parking spaces and garages, the construction unit shall not only sell them but also rent them.

The "Regulations (Draft for Comment)" also strengthened the self-discipline supervision of property service enterprises and property service practitioners, and proposed that a credit file and a credit risk early warning announcement system should be established.

Property service enterprises that have been warned by the Municipal Property Management Industry Association, informed criticism in the industry and publicly condemned shall not participate in the bidding for property services within half a year, one year or two years, and the owners' meeting may terminate the property service contract signed with them in advance.

"The exposure draft also added a special chapter on property management areas, including property management area filing, identification and division. Mainly to solve the problem that most of the property management areas in our city are unclear at present, which leads to constant disputes when the owners' meeting is established. " The person in charge of the relevant department of the Municipal Bureau of Legal Affairs said.

Property special maintenance funds are owned by the owners.

Regarding property maintenance, the Regulations (Draft for Comment) stipulates that the development and construction unit shall undertake the property warranty responsibility during the warranty period in accordance with the warranty period and scope stipulated by the state. After the warranty period expires, the maintenance and renewal costs of the exclusive part of the property shall be borne by the corresponding owners themselves.

As the "pension" of the house, the special maintenance fund of the property is related to the livelihood of thousands of families. The "Regulations (Draft for Comment)" stipulates that if there are more than two independent property rights units in a property management area, special property maintenance funds shall be set up. Property special maintenance funds are owned by the owners. The city and district shall set up a property maintenance fund management institution to supervise and manage the special property maintenance funds within their respective jurisdictions according to law. Measures for the administration of property special maintenance funds shall be formulated separately by the Municipal People's Government.

The "Regulations (Draft for Comment)" proposes that the municipal administrative department of property management should set up a special account for property maintenance funds in commercial banks to conduct unified supervision and management on the collection, storage, use, value-added and inquiry of property maintenance funds. The special maintenance fund of each property management area shall be deposited into the special maintenance fund account of the property.

The use of special maintenance funds has always been a difficult problem for residential properties. The "Regulations (Draft for Comment)" stipulates that the decision to repair all properties in * * * shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of all owners. The decision to repair all parts of the property in * * * shall be approved by the owners whose exclusive parts account for more than two-thirds of the building area and more than two-thirds of the owners.