Interpretation of "Shandong Province Property Management Regulations"

With the deepening of housing system reform and the development of urban construction, the purchase of commercial housing has become the main way for many urban residents to solve housing problems, and the property management industry has also entered a period of rapid development. According to statistics, up to now, there are more than 3,000 property service enterprises in * * *, with more than 65.438+600,000 employees and a management area of over 470 million square meters. Some residential quarters, office buildings, hospitals, schools and gymnasiums are all included in the scope of property management.

With the rapid development of property management, some disputes and contradictions appear constantly. According to the investigation by the Provincial Legislative Affairs Office, there are seven key problems that currently plague owners and property service enterprises, namely, outstanding problems left over from development, poor housing quality and imperfect supporting facilities. The ownership relationship is not clear, and the ownership of buildings, facilities, roads, sites and other supporting services in residential areas is not clear; The owners' committee is difficult to set up; Low level of property service; Property management and community management are not effectively combined; The management of old communities cannot be relied upon; The living conditions of property service enterprises are worrying, and losses generally exist.

The reporter learned that from July 20001year, the "Regulations (Draft)" took seven years to complete. This legislation has extensively solicited the opinions of various government departments and the public, and made reference to the practices of other provinces and cities. Clear property rights are the premise of resolving disputes. At present, due to the lack of clear legal provisions, the ownership of supporting buildings and facilities in the property management area is unclear, and property management disputes such as parking spaces have been high.

The "Regulations (Draft)" stipulates that the ownership of garages (including special garages and * * * garages) planned for parking cars in the property management area shall be agreed by the construction unit and the property buyer through sale, gift or lease. Among them, if the garage is included in the construction cost of commercial housing, the property right belongs to all owners. Parking spaces that occupy roads or other venues owned by the owners for parking cars belong to all owners, and the construction unit may not sell them.

In view of the phenomenon that some developers only sell garages and parking spaces, underground parking spaces are idle for a long time, it is difficult to park on the ground, and there is no garage in the community, the "Regulations (Draft)" stipulates that garages should give priority to meeting the parking needs of owners. Owners and property users need to rent a garage within the time limit prescribed by the state and province, and the construction unit shall rent it; The garage planned for parking cars in the property management area should be put into use first. If the garage is not fully utilized, it shall not occupy the parking spaces outside the roads owned by the owners or other site planning within the property management area; Encourage the construction and operation of garages and three-dimensional parking facilities to meet the parking needs of owners. At present, many residential quarters in our province have not established owners' assembly and owners' committee, the channels for owners' rights protection have not been fully established, and the owner autonomy system has not been successfully implemented. The relevant person in charge of the Provincial Legislative Affairs Office believes that there are many reasons for this phenomenon, some because of the obstruction of development enterprises and early property service enterprises, and some because some owners are indifferent to property management.

Based on this situation, in order to promote the autonomy of owners and safeguard the legitimate rights and interests of owners, the "Regulations (Draft)" passed in principle clearly stipulates that the first owners' meeting must be held if one of the three conditions is met, that is, the proportion of owners in the total area reaches more than 50%, or the proportion of owners reaches more than 50%, or the first owner has lived for two years and the proportion of households reaches more than 20%. In addition, in order to ensure the establishment of the first owners' meeting, the "Regulations (Draft)" stipulates that neighborhood offices and township (town) people's governments shall set up a preparatory group for the owners' meeting if they meet the conditions for convening the first owners' meeting.

With the owners' meeting, some community owners can solve the disputes over the future of property companies in the future. According to the "Regulations (Draft)", the owners' congress has the right to decide on the hiring and dismissal of property service enterprises. At present, in some communities, some owners rent their houses as office space. More commonly, many ground-floor houses have become supermarkets and restaurants, and problems such as noise and pollution often lead to neighborhood disputes. The "Regulations (Draft)" has made mandatory provisions on this phenomenon.

The "Regulations (Draft)" stipulates that the owner shall not change the residence, garage or other ancillary facilities into business premises in violation of laws, regulations and management regulations. If it is really necessary to change due to special circumstances, there shall be a certificate issued by the owners' committee or the community residents' committee, with the consent of the interested owners, and relevant procedures shall be handled according to law.

The "Regulations (Draft)" also stipulates that owners of closed balconies, outdoor air conditioners, solar water heaters, anti-theft nets, sun shades and other facilities shall abide by the management regulations, temporary management regulations and relevant provisions on property management to keep the property clean and beautiful; If the owners use the roof to install solar water heaters and other facilities, the top owners of the property shall cooperate. (Reporter Yuan Tao) The Regulations on Property Management in Shandong Province (Draft) (hereinafter referred to as the Regulations (Draft)) has many institutional innovations, some of which are even original in Shandong. The Legislative Affairs Office of the provincial government spoke highly of the Regulations (Draft). In this regard, we specially invite the personnel in charge of legislative projects of the Legislative Affairs Office of the provincial government to interpret its innovation system.

Up to now, there are no laws and regulations to define the property rights of schools, clubs, kindergartens, professional operating facilities and equipment, reclaimed water treatment systems, direct drinking water systems, centralized solar water heating systems, ground source heat pumps, etc.

The "Regulations (Draft)" stipulates that the houses for government management, community neighborhood committees and primary and secondary schools in the property management area shall be owned by the government. According to the plan, the ownership of clubs and kindergartens supporting the construction in residential areas should be stipulated in the commercial housing sales contract; "If there is no agreement, it belongs to all owners." If the agreement belongs to the construction unit, the construction unit may hand it over to all the owners, or operate it on its own or lease or sell it, but it shall give priority to providing services to the owners.

Facilities and equipment such as solar hot water, reclaimed water treatment, direct drinking water, ground source heat pump, and regional boilers enclosed in the property management area are owned by the relevant owners, except those invested and operated by professional business units.

In reality, most professional operating facilities and equipment such as water supply, power supply, gas supply, heating, etc. other than the proprietary part of the owner are built by development enterprises, and the construction cost is passed on to the owner. That is to say, the professional operating facilities and equipment are nominally built by the development enterprise, but in fact they are shared in the house price and purchased by the owner, which is unreasonable in itself. It is even more unreasonable if the owner is responsible for the maintenance, conservation and renewal of these professional operating facilities and equipment.

Because the Property Management Regulations do not stipulate the ownership and transfer of professional operating facilities and equipment, professional business units have not really fulfilled the responsibility of maintaining and preserving professional operating facilities in the property management area, and the maintenance and conservation of these facilities and equipment are actually borne by the owners.

The "Regulations (Draft)" defines the property rights of professional operating facilities and equipment from the source, that is, the professional operating facilities and equipment such as water supply, power supply, gas supply, heating, communication, cable TV, broadband data transmission, postal services, etc. outside the exclusive part of the property management area are owned by the relevant professional operating units.

At the same time, in order to ensure the professional business units to effectively perform their professional business facilities and equipment maintenance duties, the draft stipulates the professional business facilities and equipment transfer system, that is, the construction unit shall handle the professional business facilities and equipment transfer procedures with the professional business units within 30 days from the date of comprehensive acceptance of the residential area. After handling the handover procedures, professional business units shall be responsible for the maintenance, conservation and renewal of professional business facilities and equipment.

A large part of property disputes are caused by property quality. Soon after some residential areas moved in, quality problems appeared in the property, such as wall cracking, wall paint peeling, roof leakage, road sand and so on. If the property has quality problems during the quality warranty period, the development enterprise shall bear the warranty responsibility. However, the actual situation is that after many development enterprises deliver the property, the company will cancel, and the owner can't find the development enterprise to undertake the warranty responsibility. Even if there is a development enterprise, it is quite difficult for the development enterprise to undertake the warranty responsibility due to the lack of corresponding measures and means.

To this end, the "Regulations (Draft)" stipulates the supervision system of the new property quality warranty gold, that is, the construction unit shall deposit the property quality warranty gold into the account set up by the property quality warranty gold supervision department at one time according to the proportion of 3% to 5% of the total construction and installation cost of the new property before delivery. If the construction unit fails to perform the warranty obligations, the maintenance expenses shall be charged in the property quality warranty fund; After the quality warranty period of the property division project expires, if the construction unit has fulfilled the statutory warranty responsibility, the corresponding principal and interest balance of the property quality warranty fund shall be returned to the construction unit in time by the property quality warranty fund supervision department.

The implementation of the new property quality warranty supervision system will not increase the burden on development enterprises. The reality is that development enterprises all detain a part of the funds of construction enterprises as quality warranty funds, and the property quality warranty funds stipulated in the draft can be converted from this part of funds. The establishment of a supervision system for this part of the funds can enable the development enterprises to truly fulfill the warranty responsibility of the property warranty period.