Chapter III Regulations of Hangzhou Municipality on Property Management Property Management Services

Twenty-seventh property management areas by the district, county (city) real estate administrative departments in conjunction with the neighborhood offices, township (town) people's governments, community residents' committees, follow the principle of relative concentration and easy management, according to the property facilities and equipment configuration, building scale, community construction and other factors, according to the following ways:

(1) Newly-built property projects, including areas developed by stages or built by two or more construction units, with major supporting facilities and equipment, shall be approved as a property management area;

(two) the new development and construction projects within the planning scope of the old city, adjacent to the surrounding original project houses, can be merged into a property management area with the consent of their respective owners' meetings.

The construction unit shall, within 30 days from the date of obtaining the construction project planning permit, provide the construction project planning and design scheme, general plan, construction project planning permit and attached drawings to the district and county (city) real estate department where the project is located. District, county (city) real estate departments shall, within ten working days from the date of receiving the relevant materials, approve the property management area and inform the development and construction unit in writing.

Cross-district, cross-street or cross-township (town) construction projects shall be divided into property management areas by the superior real estate department of the district or sub-district office and the township (town) people's government in conjunction with the civil affairs department at the same level.

When the construction unit sells the house, it shall clearly indicate to the property buyer the scope of the property management area approved by the relevant competent department through the contract.

Twenty-eighth meet one of the following conditions, the owners' committee may request the district and county (city) real estate departments to adjust the property management area:

(a) two or more relatively independent areas formed by natural division or habit can clearly distinguish the responsibility of managing and maintaining supporting facilities and equipment, and are divided into multiple property management areas with the consent of owners who account for more than half of the total construction area in some areas and more than half of the total number of people in each area;

(two) two or more independent property management areas are merged into one property management area with the consent of their respective owners' meetings.

Need to adjust the property management area, the owners' committee shall submit the property management area division scheme, the property management space division scheme, the facilities and equipment maintenance management responsibility division scheme, the adjusted property management area management scheme, the resolutions of the owners' congress and other materials. Where the district, county (city) real estate department shall, within 20 working days from the date of receiving the relevant materials, make a decision on whether to adjust the property management area in conjunction with the local neighborhood offices, township (town) people's governments and community residents' committees.

Twenty-ninth construction units shall, before handling the initial registration of house ownership, provide property management houses at a ratio of not less than seven thousandths of the total construction area measured by the property, of which three thousandths are office buildings and four thousandths are business buildings. However, if all the property management areas are non-residential, the property management office space shall be provided at a ratio of not less than 3/1000 of the measured total construction area of the property. The underground construction area approved by the competent department of urban and rural planning for commercial or office purposes is included in the total construction area above ground.

The specific location and area of the property management house shall be specified in the construction project planning permit and attached drawings, and shall be determined before handling the property sales (pre-sale) certificate. The ownership of the property management house belongs to all the owners in the property management area, and its ownership shall not be divided, transferred or mortgaged, and shall not be changed without authorization.

Before the establishment of the owners' committee, the housing for property management was received by the district/county (city) real estate administrative department and handed over to the prophase property service enterprises for use and operation. Where a realty service enterprise leases the premises for the prophase realty management, the lease term shall not exceed twelve months after the establishment of the owners' committee. After the establishment of the owners' committee, the use and operation plan of the property management house shall be approved and published by the owners' committee.

Thirtieth a property management area shall be provided with property services by property service enterprises with corresponding qualifications. In the property management area where the owners' meeting has been established, with the consent of the owners whose exclusive parts account for more than half of the total construction area and the number of people accounts for more than half of the total number, the qualification grade and service content of the property service enterprise can be decided according to the property characteristics.

Thirty-first residential property construction units shall select property service enterprises to provide prophase property services through bidding, and sign prophase property service contracts. Among them, if the total construction area of the property management area exceeds10,000 square meters, the property service enterprise shall be selected through public bidding; If there are less than three bidders and the total construction area of the property management area is less than 50,000 square meters, with the approval of the district/county (city) real estate administrative department where the property is located, a realty service enterprise with corresponding qualifications can be selected by agreement and a preliminary realty service contract can be signed. The non-residential area in the same property management area is included in the total area of the property management area.

If the term of the preliminary realty service contract is agreed, the term shall not be less than one year from the date when the realty management area meets the conditions for the establishment of the owners' congress. During the prophase realty service period, if the realty service enterprise terminates the prophase realty service contract within the agreed period with the consent of the owners whose exclusive parts account for more than half of the total construction area and the number of people accounts for more than half of the total number, the contract shall be terminated three months after the written notice arrives at the construction unit. The construction unit shall, in accordance with the relevant provisions of the property management and pre-property management bidding, timely hire other property service enterprises. However, if the owners' congress has selected the realty service enterprise in accordance with the provisions, the prophase realty service contract shall be terminated from the effective date of the realty service contract signed by the owners' committee and the realty service enterprise.

Article 32 A realty service enterprise shall perform the following duties in the prophase realty management:

(a) to participate in the project inspection, found that the project quality problems and other problems that are not conducive to the use and management of the property, timely put forward rectification suggestions to the construction unit or the relevant professional management departments, and assist the professional management departments to supervise the implementation;

(2) Propose to the construction unit the installation location and pipeline direction of facilities and equipment used in * * * *, and participate in the installation and debugging of facilities and equipment used in * * * *;

(three) the establishment of property * * with parts, * * with facilities and equipment engineering data, the establishment of daily management files;

(four) according to the temporary management statute and the preliminary property service contract, provide property services to the owners and guide the owners to abide by the agreement, and safeguard the public interests and management order of the property.

Article 33 When inspecting the parts, facilities, equipment and related sites of the property, the realty service enterprise shall sign an agreement with the construction unit or the owners' committee to undertake the inspection work, and make a clear agreement on the basic situation, existing problems, solutions and time limit, rights and obligations of both parties, liability for breach of contract and other matters.

Thirty-fourth owners' committee shall, in accordance with the provisions of laws and regulations, sign a realty service contract with the realty service enterprise selected by the owners' congress.

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract, and abide by the following provisions:

(a) in line with the technical standards and norms stipulated by the state, province and this Municipality;

(two) timely inform the owners and non owners of the safe and reasonable use of property matters needing attention;

(three) regularly listen to the opinions and suggestions of the owners, improve and perfect the service;

(four) to assist the public security organs to do a good job in the security work within the property management area;

(five) accept the supervision and guidance of the community residents committee, and cooperate with the relevant work of community management.

The realty service enterprise shall, within fifteen days from the date of signing the realty service contract, submit a copy of the contract to the district or county (city) real estate department where the property is located for the record.

Article 35 If one party to a realty service contract terminates the realty service contract in advance according to the agreed time limit, the contract shall be terminated three months after the written notice reaches the other party. The termination of the contract does not affect both parties' corresponding liabilities for breach of contract.

Three months before the expiration of the realty service contract, the owners' committee shall organize a meeting of the owners' general assembly to select the realty service enterprise. After the expiration of the realty service contract, the selection and employment work has not been completed, and if the original realty service enterprise agrees to continue through negotiation, the original realty service contract will automatically continue until the selection and employment work is completed. During the extension of the original contract, if either party terminates the contract in advance, it shall terminate the contract within 30 days from the date when the written notice reaches the other party.

The realty service enterprise shall not refuse to withdraw from the realty project on the grounds that the owner is in arrears with the realty service fee.

Article 36 When a realty service enterprise withdraws from a realty management project, it shall hand over all the realty management files, materials and related property to the owners' committee.

When the realty service enterprise withdraws from the realty project, if the owners' congress has not selected a new realty service enterprise, the neighborhood offices and township (town) people's governments where the property is located shall conduct emergency management. Community residents' committees may, according to the needs of emergency management, be entrusted by sub-district offices and township (town) people's governments to be responsible for organizing basic cleaning and security services for no more than six months, and the relevant expenses shall be borne by the owners. Water supply, power supply, gas supply and other relevant functional departments and professional units should cooperate.

Thirty-seventh property service charges according to the nature and characteristics of different properties and different stages of property service, respectively, the implementation of government guidance price and market adjustment price. The scope of application of government-guided prices and charging standards shall be formulated by the competent price department. For property projects with market-adjusted prices, the charging standard is determined by the property service contract (including the previous property service contract). Property service charging items and standards shall be announced to all owners.

The charging standard of property services shall be adjusted according to the changes of factors such as the cost of property services according to the principle of adapting the charging to the service level.

Thirty-eighth before the delivery of the property, the construction unit shall pay the property service fee to the property service enterprise in accordance with the provisions of the previous property service contract; After the property is delivered for use, the property service fee shall be borne by the owner.

The owner shall pay the property service fee in time in accordance with the property service contract (including the previous property service contract). If the owners violate the stipulations of the realty service contract and fail to pay the realty service fee after written reminders, the owners' committee may assist the realty service enterprise in the realty management area through publicity and other means.

If both parties to the realty service contract agree to receive the realty service fee in advance, the maximum period of advance payment shall not exceed twelve months. If the remaining period of the realty service contract is less than twelve months, the advance payment period shall not exceed the remaining period of the contract.

Article 39 A realty service enterprise may, in accordance with the stipulations of the realty service contract and the provisions of relevant laws and regulations, operate business premises, shared parts of the property, facilities and equipment within the realty management area, and the proceeds shall be owned by all owners, which can be used for the maintenance, renewal, transformation or supplementary special maintenance funds of the shared parts of the property, facilities and equipment, or for other property management funds according to the decision of the owners' meeting.

If the property management income is managed by the property service enterprise, it shall be accounted for separately; If it is managed by the owners' committee, an account shall be opened in the name of the owners' committee, and it shall not be managed in the name of any individual or other organization.

For the property service projects that implement the contract system of property service charges, the revenue and expenditure of * * * parts, * * facilities and equipment of the property and related on-site operations will be announced once every six months; The property service project implements the property service fee system, and announces the income and expenditure of funds once a year.

During the prophase realty service, the construction unit and realty service enterprise shall specify the management matters of the use of realty business income in the prophase realty service contract, and publicly inform the owners. After the preliminary realty service, the realty service enterprise shall audit the revenue and expenditure of realty business during the preliminary realty service, and publicize the audit results in the realty management area.

Fortieth with the consent of the owners whose exclusive area accounts for more than half of the total construction area and the number of people accounts for more than half of the total number, the property management area can be managed by the owners themselves under the supervision and guidance of the neighborhood offices, township (town) people's governments and community residents' committees. If self-management is implemented, the executing agency, management plan, charging standard and management period shall be submitted to the owners' meeting for voting.

If the owner employs a natural person to provide services by means of civil employment, he shall pay the guarantee fees such as accidental injury that legally belongs to the owner. Elevator, fire protection, technical defense and other facilities and equipment management involving personal and property safety and other specific requirements shall be entrusted to professional institutions for maintenance and conservation.

If the owners need to issue invoices for their own management, the owners' committee may apply to the tax authorities for a temporary tax registration certificate with the supporting materials of the neighborhood offices, township (town) people's governments or community neighborhood committees, and apply to the tax authorities where the property is located for an invoice with the temporary tax registration certificate and issue it by itself.

The owners' congress may entrust a qualified professional organization to conduct financial management and financial audit on management fees, special maintenance funds for property and operating income of property. Management accounts shall be published to the owner once a year.