Full text of detailed rules for the implementation of Tianjin property management regulations

Article 1 In order to regulate the market behavior of property management services, safeguard public interests and safeguard the legitimate rights and interests of owners and property management service enterprises, these Regulations are formulated in accordance with the provisions of relevant national laws and regulations and in combination with the actual situation of this Municipality.

Article 2 These Regulations shall apply to property management activities within the administrative area of this Municipality.

Article 3 The term "property" as mentioned in these Regulations refers to houses and their supporting facilities, equipment and venues.

The term "property management" as mentioned in these Regulations refers to the interests of all owners in maintaining and managing the property. Property management service enterprises provide services for the owners in accordance with the agreement with the owners or owners' associations, and carry out professional maintenance, repair and management of the property, its environment and order.

Article 4 Property management shall adopt a socialized and market-oriented management system combining owner autonomy with professional services. Property management should follow the principles of openness, fairness, honesty and credit, market competition and standardized service. Fifth new residential quarters and new residential properties with more than two owners should implement property management; Commercial, office, hospitals, schools, factories, warehouses and other non-residential properties shall be managed according to the conditions.

Article 6 The Municipal Real Estate Management Bureau is the administrative department in charge of property management in this Municipality and is responsible for organizing the implementation of these Regulations.

The district and county real estate administration is the administrative department in charge of property management in this area, and is responsible for the supervision and management of property management activities in this area.

Other relevant departments of the Municipal People's Government shall be responsible for the relevant management and services according to their respective responsibilities.

Neighborhood offices and township people's governments shall coordinate the relationship between property management, community management and community service.

Chapter II Owners, Owners' Associations and Owners' Committees

Article 7 The owner refers to the owner of the property. The owner enjoys the following rights:

(a) to participate in the owners' meeting, express their opinions and enjoy the right to vote;

(two) to elect the owners' representatives and members of the owners' committee and enjoy the right to be elected;

(three) to supervise the work of the owners' meeting or the owners' representative meeting (hereinafter referred to as the owners' meeting) and the owners' committee;

(four) proposed to convene a general meeting of owners;

(five) to accept the services stipulated in the property management service contract;

(six) to supervise the management service activities of property management service enterprises;

(seven) other rights stipulated by laws and regulations.

Article 8 The owner shall perform the following obligations:

(1) Abide by the owners' convention;

(two) abide by the resolutions adopted by the owners' congress and the property management system;

(three) in accordance with the owners' convention, property management service contract and property management system, cooperate with the work of property management service enterprises;

(four) in accordance with the provisions of the property management service contract, pay the property management service fee;

(five) in accordance with the provisions of the maintenance fund;

(six) other obligations stipulated by laws and regulations.

Article 9 The owners' congress consists of all owners in the same property management area. Owners' Association is an organization in which owners collectively exercise their rights and safeguard the legitimate rights and interests of all owners.

The Owner will exercise the following powers:

(a) to formulate and amend the articles of association of owners and the owners' convention;

(two) to elect and replace the members of the owners' committee and supervise the activities of the owners' committee;

(three) to examine and approve the contents of the property management service contract and determine the property management service enterprise;

(four) to examine and approve the annual plan of property management services and the property management system proposed by the property management service enterprise;

(five) to supervise the management service activities of the property management service enterprises;

(six) to decide on the use plan of the maintenance fund and supervise the implementation;

(seven) to decide on other major matters involving the interests of the owners.

Tenth owners in the same property management area is less than 100 people, you can directly form the owners' meeting; If the number exceeds 100, the owners shall elect owners' representatives to form a meeting of owners' representatives according to a certain proportion of the total number of owners. The representatives of the owners' representative meeting shall generally not be less than 35.

The owner's representative will exercise the rights of the owners' association.

Eleventh new property has been delivered for use, in any of the following circumstances, the first owners' meeting shall be held:

(a) the sale of construction area of more than fifty percent;

(2) The occupancy rate of the owner exceeds 50%;

(three) the first owner has actually lived for more than two years.

Article 12 The first meeting of the owners' congress shall be convened by an enterprise that provides prophase property management services.

If an enterprise that provides prophase property management services does not hold the first meeting of the owners' meeting, the owners have the right to ask the enterprise that provides prophase property management services to hold it, or ask the county property management administrative department to urge it to hold it. If the enterprise providing pre-property management services has not been convened, it shall be organized by the residents' committee or convened by the owners themselves under the guidance of the district/county property management administrative departments and sub-district offices.

Thirteenth the first meeting of the owners' congress shall discuss and decide the following matters:

(a) to formulate the articles of association of owners;

(2) amending the owners' convention;

(3) Election of the owners' committee;

(four) to determine the property management service enterprises;

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

Fourteenth owners' meeting shall be held at least once a year, and the owners' committee shall be responsible for convening it. The owners' congress may invite representatives of street offices, public security police stations, residents' committees and users to participate.

According to the proposal of the owners' committee or more than one-fifth of the owners, the owners' meeting can be held at any time.

Fifteenth owners' associations shall carry out activities in accordance with these regulations and the articles of association of owners' associations. The resolutions made by the owners' congress shall not conflict with laws, regulations and rules.

The resolution made by the owners' congress must be passed by the owners who represent more than half of the voting rights in the property management area. The voting right is calculated according to the building area owned by the owner. The specific calculation method of the voting rights of the owners shall be stipulated by the articles of association of the owners' association.

Before the owners' representatives exercise their voting rights, they shall solicit the opinions of the owners they represent in advance and truthfully reflect the opinions of the owners.

The resolutions made by the owners' congress are binding on all owners in the property management area, and shall be announced in the property management area.

The property management service contract signed by the main industry association shall be borne by all owners.

Article 16 The owners' committee is the office of the owners' association. Members of the owners' committee shall be elected among the owners for a term of three years and may be re-elected. The owners' committee shall have one chairman, one to two vice-chairmen and three to eleven members. The director and deputy director are elected by members of the owners' committee.

The owners' committee shall not engage in business activities, and its members shall not serve in the property management service enterprises that provide management services for this property management area.

Seventeenth owners' committee shall perform the following duties:

(a) to convene a meeting of the owners' congress;

(two) the implementation of the resolutions made by the owners' congress, regularly report the implementation of relevant resolutions, and put forward suggestions on property management;

(three) according to the decision of the owners' congress, sign, change and terminate the property management service contract on behalf of the owners' congress;

(four) to supervise the management service activities of the property management service enterprises and support the proper management activities of the property management service enterprises;

(five) to listen to and reflect the opinions of the owners and users, and coordinate the relationship with the property management service enterprises;

(six) to perform the duties entrusted by the owners' association;

(seven) to complete other matters assigned by the owners' meeting.

Eighteenth owners' meeting within fifteen days from the date of its establishment, the owners' committee shall handle the registration formalities of the owners' meeting with the following documents to the local district and county property management administrative departments:

(a) the articles of association of owners;

(2) owners' convention;

(three) the basic situation of the members of the owners' committee.

Nineteenth property users shall enjoy corresponding rights and perform corresponding obligations of owners according to the agreement of both parties. However, the contents agreed between the user and the owner shall not violate the provisions of the owners' convention and these regulations.

The owner shall inform the owners' committee and the property management service enterprise in writing of the agreement with the user.

The term "user" as mentioned in these Regulations refers to the lessee of the property or the person who actually legally uses the property.

Article 20 The owners' association and the owners' committee may draw activity funds from the property management service fee at an annual rate not exceeding 1%, and the specific measures shall be agreed by the owners' association and the property management service enterprise in the property management service contract.

Chapter III Property Management Service Enterprises

Twenty-first property management service enterprises should have independent legal personality and engage in property management service activities in accordance with the qualification level approved by the property management administrative department.

Twenty-second property management service enterprises enjoy the following rights:

(a) in accordance with the relevant provisions and the property management service contract, the property and its environment and order management;

(two) in accordance with the property management service contract to collect property management services;

(three) causing losses to the parts, facilities and equipment used by the property, on behalf of the owner, requesting the responsible person to stop the infringement, restore the original state and compensate for the losses;

(4) Other rights stipulated by laws and regulations.

Twenty-third property management service enterprises shall perform the following obligations:

(a) to perform the property management service contract and provide services;

(two) regularly publish the use of property management service fees and maintenance funds;

(three) accept the supervision of the owners, owners' associations and owners' committees;

(four) accept the supervision and management of the administrative department of property management;

(5) Other obligations stipulated by laws and regulations.

Twenty-fourth without the consent of the owners' meeting, the property management service enterprise shall not transfer the whole property project to other property management service enterprises for management.

Property management service enterprises can entrust special services to professional companies.

Twenty-fifth property management service enterprises shall cooperate with the work of neighborhood offices and residents' committees; Assist the public security department to maintain public order in the property management area and stop illegal acts. When public security cases or various disasters and accidents occur in the property management area, they shall report to the public security and relevant departments in a timely manner and assist in the investigation and rescue work.

Relevant government departments, neighborhood offices and residents' committees shall support property management, and shall not interfere with the normal operation and management service activities of property management service enterprises, and shall not apportion them indiscriminately.

Chapter IV Early Property Management

Twenty-sixth prophase property management refers to the activities that the development and construction units entrust property management service enterprises to provide property management services before the establishment of the owners' meeting.

Twenty-seventh before the sale of new commercial housing, real estate development enterprises should entrust property management service enterprises to carry out preliminary property management, and sign preliminary property management service contracts.

Since the first owners' meeting confirmed the property management service enterprise and signed the property management service contract, the previous property management service contract was terminated.

Twenty-eighth real estate development enterprises to sell new commercial housing, it should be clear to the purchaser of the early property management service contract and its contents. When purchasing new commercial housing, the purchaser shall confirm the relevant contents in the previous property management service contract in writing. The preliminary property management service contract confirmed by the buyer is binding on the buyer.

Twenty-ninth buyers in the purchase of new commercial housing, should sign the owners' convention. The contents of the owners' convention shall not violate laws, regulations and public interests.

Article 30 In the planning and design of new residential quarters, the property management service facilities shall be comprehensively planned and rationally arranged, and the property management service rooms shall be determined according to three thousandths to four thousandths of the total construction area of residential buildings for property management service activities and owners' activities.

Development and construction units shall, in accordance with the planning and design requirements, build property management service houses. Within 30 days after the completion and acceptance of the property, the completed property management service room will be handed over to the property management service enterprise free of charge.

Thirty-first property management service houses belong to all owners, and the property management service enterprises are responsible for maintenance and conservation, and may not buy, sell or mortgage; No unit or individual may occupy or use it for other purposes.

Thirty-second development and construction units shall, within 60 days after the completion and acceptance of new properties, provide the following documents and materials to enterprises providing pre-property management services:

(a) the completion of the general plan, single building, structure, equipment, ancillary facilities, underground pipe network project completion map and other information;

(two) the property completion acceptance data;

(3) Technical data on installation, use and maintenance of facilities and equipment used in * * * *;

(four) property quality assurance documents and instructions;

(five) other information required by the property management.