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Main contents of Xinjiang Property Management Regulations
The 29th meeting of the Standing Committee of the 12th National People's Congress of Xinjiang Uygur Autonomous Region voted to pass the Regulations on Property Management in Xinjiang Uygur Autonomous Region, which will take effect on July 1 year. The "Regulations" consists of nine chapters and 93 articles, which regulate and stipulate property service enterprises, owners and other managers.
The Regulations on Property Management in Xinjiang came into effect on July 1 day.
In view of the relevant contents that people are most concerned about in the regulations, the regulations bring some illegal acts in property management into the legal category for the first time, that is to say, the construction unit and the property manager will bear legal responsibility for violating them.
In recent years, with the advancement of marketization and urbanization, property conflicts are increasing day by day, but relatively few owners' committees have been established. According to statistics, the establishment rate of owners' committees in Xinjiang is 14.7%, which is lower than the national average. A large number of gaps in the owners' committee lead to the absence of the management party entrusted to the property enterprise, and the owners' rights cannot be fully respected, which is followed by a large number of property management contradictions and social hot spots, such as property management responsibilities and property delivery quality disputes, property service charges and service quality disputes, disputes over the collection and use of special maintenance funds, and disputes over the ownership and income of underground parking spaces and parking lots in residential quarters. What kind of system design should be adopted to standardize property management and fundamentally prevent and solve property conflicts and disputes? The Standing Committee of the People's Congress of the Autonomous Region has decided to formulate the Regulations on Property Management in Xinjiang Uygur Autonomous Region.
Various contradictions and disputes have been punished.
Chapter VIII of the Regulations specifies in detail the legal responsibilities of violators. If the construction unit fails to express the property management area, preliminary property service contract and temporary management agreement to the house buyer, the real estate administrative department of the people's government at or above the county level shall order it to make corrections; Overdue reform, a fine of ten thousand yuan and fifty thousand yuan; If a construction unit, property manager, professional maintenance unit or professional business unit fails to perform or delays the performance of warranty, repair and maintenance responsibilities, the real estate administrative department of the people's government at or above the county level shall order it to make corrections within a time limit, and if it fails to do so within the time limit, it shall be fined not less than 100,000 yuan but not more than 200,000 yuan, and if losses are caused to the owners, it shall be liable for compensation according to law.
Compared with the past, such punishment measures are more severe, and there are also punishment standards for contradictions and disputes in property management.
The real estate area is not less than 300 square meters.
In addition to the penalty clause, the "Regulations" also specify the supporting facilities that should be equipped when the community is delivered.
For example, the second section of Chapter II of the Regulations mentioned that the non-public education, culture, sports and other facilities planned and built in the property management area should be clearly defined as the investors and the ownership of property rights. Belonging to the construction unit, priority should be given to the owners in the property management area; Property management area should be in accordance with the convenience of the owners, to meet the needs of property management with the construction of property services, property services housing construction area of not less than two thousandths of the total construction area of the property management area, except for the old residential areas, the total area should not be less than 300 square meters; Property service rooms are set in branch offices, with a single building area of not less than 50 square meters.
Owners have the priority to purchase and lease parking spaces.
The allocation and use of parking spaces in residential areas is a common concern. The regulations also stipulate that garages and parking spaces in property management areas should give priority to meeting the needs of owners. If the total number of garages and parking spaces is less than the total number of owners or the specified number, the acquisition method of garages and parking spaces shall be clearly defined in the temporary management statute and management statute.
Garages and parking spaces can be rented out to others outside the property management area after meeting the needs of the owners, but not for sale. Unless otherwise stipulated in the management statute and the owners' meeting, the lease term shall not exceed twelve months at a time; After the lease contract expires, if the owner has new demands, it shall give priority to meeting them.
Compared with the Urumqi Property Management Regulations issued on 20 1 1 in our city, the Regulations have a wider scope of application, a clearer division and regulation of the responsibilities of each subject, especially the legal responsibilities, and make the property management more standardized.
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