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4 Liaoning Province Property Management Regulations Chapter IV Property Management Service Editor.
Personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the State, such as the Measures for the Implementation of Qualification Examination for Property Management Practitioners and the Measures for the Administration of Post Certificates for National Property Management Practitioners. The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.
The realty service contract shall stipulate the following main contents:
(a) property services, content and service standards;
(two) the standard, charging method and charging method of the property service fee;
(3) Rights and obligations of both parties;
(4) Liability for breach of contract;
(5) Term of the contract;
(6) Contract disputes and dispute resolution methods.
Property services generally include: maintenance of * * * used parts and facilities, maintenance of public order, cleaning services, greening maintenance management, vehicle parking management, etc. Specific projects and service standards shall be agreed in the contract between the owners' committee and the realty service enterprise. The parties to the realty service contract shall sign the realty service contract with reference to the model text of the realty service contract formulated by the relevant administrative departments of the province.
The realty service enterprise shall, within 5 days from the date of signing the realty service contract, submit a copy of the realty service contract to the local county-level real estate administrative department for the record. Before the expiration of the realty service contract, the realty service enterprise and the owners' committee shall not unilaterally terminate the contract in advance without justifiable reasons. If one of the parties requests to terminate the property service contract in advance according to the law or the contract, it shall inform the other party and the county real estate administrative department where the property is located in advance in writing.
Two months before the expiration of the realty service contract, the owners' committee shall convene a meeting of the owners' congress to discuss and decide on the selection of realty service enterprises. If the owners' congress decides to continue employment, it shall sign a new property service contract with the property service enterprise according to law; No longer continue to employ, should be re employed in accordance with the law of new property services companies. If the realty service contract is not renewed upon expiration, and the realty service contract is terminated in advance according to the law or the contract, the original realty service enterprise shall withdraw from the realty management area within 10 days from the date of termination of the contract. Before withdrawing from the property management area, it shall, in accordance with the provisions of the State Council's "Regulations on Property Management", hand over the materials needed for property management, the property service fee received in advance, its income and expenditure accounts and the property management space to the owners' committee or the newly hired property service enterprise.
When the realty service contract is terminated, the owners' committee and the original realty service enterprise shall set up a transfer team to handle the transfer of creditor's rights and debts and property management information and other related matters. The original realty service enterprise shall not refuse to transfer or withdraw on the grounds that the creditor's rights and debts are not settled. Property management implements paid services. Property service charges shall be determined in accordance with the principles of reasonableness, openness and adaptability between fees and service levels.
Residential property service charges, the implementation of government guidance; Non-residential property service charges are subject to market-regulated prices. Property service charges belong to government-guided prices, and the municipal and county price departments shall, jointly with the real estate administrative departments at the same level, formulate the benchmark price and its floating range corresponding to the property service level standards within their respective administrative areas according to factors such as the property service level standards, and publish them regularly. The specific charging standard is agreed by the owner and the realty service enterprise in the realty service contract according to the specified benchmark price and floating range.
If the property service charges are regulated by the market, the owners and the property service enterprises shall independently negotiate to determine the charging standards. When formulating government-guided prices, price departments and real estate administrative departments shall carry out price and cost surveys and listen to the opinions of owners, property service enterprises and relevant parties.
The price level of government-guided prices shall be adjusted in a timely manner according to the economic development of the administrative region and the prescribed pricing authority and procedures.
The competent price department shall, jointly with the real estate administrative department, supervise the service content and service standards, charging items and charging standards of the property service enterprises. Owners and property service enterprises can agree on property service fees in the form of contract system or gratuity system.
The contract responsibility system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit or loss is enjoyed or borne by the property service enterprise.
The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner. The owner shall pay the property service fee on time in accordance with the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.
Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
In violation of the property service contract, the owners fail to pay the property service fee on time, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court. The owner of the leased property shall make an agreement on the payment of the property service fee in the property lease contract, and inform the owners' committee and the property service enterprise in writing of the agreed matters such as the lessee, the lease term and the payment of the property service fee within 10 days after the contract is signed.
When the property right is transferred, the owner shall settle and pay the property service fee, or both parties to the property right transaction may make a clear agreement on the settlement and payment of the property service fee. If the owner and the property user agree that the property user shall pay the property service fee, the property user shall settle and pay the property service fee, and the owner shall bear joint liability. Owners, owners' committees, property users and property service enterprises may report conflicts and disputes in property management activities to the neighborhood offices, township people's governments or residents' committees where the property is located, and the neighborhood offices, township people's governments or residents' committees shall conduct mediation in a timely manner.
The real estate administrative departments at or above the county level shall establish a property complaint system, and the complaints of owners, owners' committees, property users and property service enterprises in property management activities shall be investigated and handled in a timely manner according to law, and the results of investigation or handling shall be promptly replied to the complainant; Belonging to the responsibilities of other administrative departments, the real estate administrative department shall promptly hand over to the relevant administrative departments for handling, and inform the complainant.
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