Provisions of Fuzhou Municipality on Property Management (II)

Provisions of Fuzhou Municipality on Property Management

Determine management methods and promote professional property services.

Article 12 In a property management area, if the construction area of the property that has been sold and delivered for use reaches more than 0.50% of the total construction area of the area, or the first property has been sold and delivered for use for two years, under the guidance of the county (city, district) real estate administrative department, the township government, neighborhood offices, village (neighborhood) committees, construction units and owners' representatives will form a preparatory group to organize the first owners' meeting.

The list of members of the preparatory group of the owners' congress shall be published in a prominent position in the property management area within seven days from the date of its establishment.

The documents and materials required for convening the first owners' meeting shall be provided by the construction unit. If the construction unit is unable to provide it, the preparatory group of the owners' congress shall apply in writing, and after confirmation by the township government and the sub-district office, it may consult and copy the information on the construction area of the owners' independent property rights within the property management area, and all relevant units shall cooperate.

Thirteenth owners of the same property more than one person, the property * * * someone can elect and entrust a person to attend the owners' meeting.

According to the written entrustment of the owner, the property user can exercise the right to vote and the corresponding property management rights and obligations in agent for owner.

Fourteenth owners who did not participate in the voting, whether their voting rights can be included in more than half of the votes, should be determined in accordance with the provisions of the management statute or the rules of procedure of the owners' meeting.

Fifteenth owners' committee is elected by the owners' congress, and the term of office of the owners' committee is three years. The owners' committee shall report its work to the owners' congress at least once a year.

Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility, have certain organizational skills, and abide by the management regulations and relevant provisions of property management. Members of the owners' committee may be re-elected.

In the property management area, disputes related to property management that belong to the rights and interests of all owners occur. With the consent of owners whose exclusive parts account for more than half of the total construction area and more than half of the total number, the owners' committee may exercise litigation rights on behalf of all owners according to law.

Article 16 The use of the working funds of the owners' congress and the owners' committee shall be announced in a prominent position in the property management area every three months and subject to the supervision of the owners.

Article 17 The owners' committee shall, within 30 days from the date of election, report the establishment of the owners' congress, the rules of procedure of the owners' congress, management regulations and the list of members of the owners' committee to the township government, subdistrict office and county (city, district) real estate administrative department where the property is located for the record, and the county (city, district) real estate administrative department shall issue a record certificate to the legally elected owners' committee.

In case of any change in the relevant contents filed by the owners' committee, it shall be re-filed in accordance with the provisions of the preceding paragraph.

Eighteenth residential areas where the owners' meeting has not been established or the owners' committee has not been elected, the township government and sub-district offices may organize the owners to determine the property management method.

Nineteenth in the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant village (neighborhood) committees to perform their autonomous management duties according to law.

Twentieth property services companies to undertake property management affairs, should be based on the corresponding qualifications to sign a preliminary property service contract or property service contract, the contract should be filed with the county (city, district) real estate administrative departments.

Twenty-first basic rights of property service enterprises:

(a) to collect fees according to the provisions of the property service contract;

(two) to discourage and stop the violation of social morality, management regulations and property management system;

(3) Entrusting a franchise company to undertake special property management business;

(four) to require the owners' committee to coordinate the disputes with the owners or property users;

(5) Other rights stipulated by laws and regulations.

Twenty-second basic obligations of the realty service enterprise:

(a) to perform the property service contract, provide property services in accordance with the contract, establish a reporting system for major issues, and accept the consultation and supervision of the owners;

(two) the implementation of property service level standards and property service charge level standards;

(3) Announcing the contents, service standards, charging items, charging methods, charging basis and standards of property services in a prominent position within the property management area;

(four) announced in a prominent position in the property management area every month * * * facilities and equipment cost sharing and other property services collection fees;

(five) within ten days from the date of termination of the contract, settle the creditor's rights and debts with the owners or relevant units, and hand over the property management house and related materials, facilities and equipment;

(six) other obligations stipulated by laws and regulations.

Article 23 A realty service contract shall stipulate the following basic contents:

(a) Repair and maintenance of the house and its ancillary facilities;

(two) health cleaning and public * * * flowers, trees and green space management;

(3) Road maintenance and vehicle parking order management;

(4) Public security and maintenance of public life order;

(5) Other matters stipulated by laws and regulations.

Article 24 For residential properties, non-residential properties in residential quarters or non-residential properties connected with single residential building structures, the construction unit shall, in accordance with the provisions, hire property service enterprises with corresponding qualifications to carry out preliminary property management, and sign preliminary property service contracts in accordance with the provisions. The prophase realty service contract shall not infringe upon the legitimate rights and interests of the property buyer.

The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Twenty-fifth before the sale of the property, the construction unit shall formulate a temporary management statute and report the temporary management statute to the county (city, district) real estate administrative department where the property is located for the record. Temporary management regulations shall not infringe upon the legitimate rights and interests of property buyers.

The construction unit shall express the temporary management agreement to the property buyer when selling the property, and explain it.

When signing a property sales contract with the construction unit, the buyer shall promise to abide by it in the form of signing and agreeing on a temporary management agreement.

Article 26 When a realty service enterprise undertakes realty service, the construction unit shall provide the realty service enterprise with a list of ××× used parts and ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The specific acceptance procedures and standards shall be implemented in accordance with the relevant provisions of the state, and the construction unit shall promptly solve the property quality and design problems and other remaining problems raised by the property service enterprises. After the inspection, both parties shall sign the acceptance inspection certificate as required.

Twenty-seventh construction units should be in accordance with the provisions of the allocation of property management space. If the construction area is less than100000 square meters, it shall be apportioned according to not less than four thousandths of the total construction area, but not less than fifty square meters; If the construction area exceeds100000 square meters, the excess part shall be shared by three thousandths. The competent department of urban and rural planning shall verify the examination and approval of construction projects.

Property management houses built according to the plan shall not be used for other purposes.

Twenty-eighth the following facilities in the property management area belong to all owners:

(1) Property management place;

(2) garbage collection and distribution room and toilet;

(three) according to the planning and construction of public green space, roads, fences and other public land use rights;

(four) the public parking lot in line with the planning and construction in the residential property management area;