Regulations of Anqing Municipality on Property Management (II)

Anqing city property management regulations

Chapter IV Property Management Services

Thirty-fifth property management enterprises must meet the prescribed qualifications, and hold the Business License for Enterprise as a Legal Person and the Qualification Certificate for Property Management Enterprises before they can engage in property management business.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with state regulations.

Article 36 The rights of a property management enterprise:

(a) according to the relevant laws and regulations and the property service contract, to manage the property and its environment and order;

(two) to collect service fees in accordance with the relevant provisions of the property service contract and obtain reasonable profits;

(three) to stop the violation of property management regulations;

(four) select professional enterprises to undertake special business;

(five) other rights stipulated by laws and regulations or granted by the owners' meeting.

Obligations of property management enterprises:

(a) for the purpose of serving the owners, pay attention to social and economic benefits;

(two) to perform the property service contract and provide services such as safety, sanitation and cleaning, maintenance of parts and facilities;

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

(four) accept the supervision of the owners' committee and the owners;

(five) to organize and assist the relevant units to provide community services and carry out community cultural activities;

(six) other obligations stipulated by laws and regulations or agreed in the realty service contract.

Thirty-seventh property management companies to undertake property management affairs, should be in accordance with the corresponding qualifications to sign a property service contract, the contract should be reported to the municipal real estate administrative departments for the record.

If the property service contract adopts standard terms, the provider shall report the contract sample to the administrative department for industry and commerce for the record within 30 days after the conclusion of the contract.

Owners and property management companies have special protection and custody requirements for personal life and property with property rights, and shall separately sign special protection and custody contracts.

Article 38 A realty service contract shall include the following contents:

(a) the scope and basic situation of the property management area;

(2) Property management matters;

(3) Quality standards of property services;

(4) Property service fee;

(5) Rights and obligations of both parties;

(six) the management and use of special maintenance funds;

(seven) the configuration, use, maintenance and management of property management houses;

(8) Term of the realty service contract;

(9) Liability for breach of contract;

(10) Conditions for the termination and rescission of the realty service contract;

(eleven) other agreed matters.

Article 39 Before signing a realty service contract, the owners' committee shall publicize the proposed realty service contract in the realty management area for not less than 15 days, fully listen to the opinions of the owners, and submit it to the owners' meeting for adoption. If the contents of the realty service contract need to be changed, the owners' committee shall publicize the changed contents within the realty management area, and confirm the contract change according to the procedures stipulated by the owners' congress.

Fortieth three months before the expiration of the realty service contract, the realty management enterprise shall negotiate with the owners' committee to renew the contract. If both parties renew the contract, they shall re-sign the property service contract; If the contract is not renewed, the owners' congress shall promptly hire other property management companies.

If the realty service contract expires and the realty service contract is not renewed or terminated, the original realty management enterprise shall hand over the following materials and properties to the owners' committee within 10 days from the date of termination of the contract:

Information specified in the first paragraph of Article 29 of the Property Management Regulations of the State Council;

(two) the property management room and the property * * * parts, * * * facilities and equipment;

(three) funds related to the management of the escrow property and other bills and account books that should be handed over.

After the owners' congress re-hires the property management enterprise, the owners' committee shall hand over the materials and property listed in the preceding paragraph to the re-hired property management enterprise, and the original property management enterprise shall do a good job in the handover of property management with the newly-hired property management enterprise.

Forty-first property management companies and owners or construction units can agree on property service fees in the form of contract system or gratuity system.

Before the property is delivered to the owner, the property service fee shall be borne by the construction unit; After the property is delivered to the owner, it shall be borne by the owner and the property service fee shall be paid from the date of delivery.

If a property management enterprise provides paid services for the owners other than those agreed in the contract, it shall obtain the consent of the owners.

Forty-second property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific measures shall be formulated separately.

The specific charging standard of the property shall be agreed in the property contract by the owners' assembly or owners' committee and the property management enterprise according to the service level and the corresponding benchmark price and floating range.

The price department shall, jointly with the real estate administrative department, supervise and manage the property service charges.

Forty-third property management area, water supply, power supply, gas supply, communications, cable television and other public enterprises to collect related fees, the owners use, to the owners; Property management companies to use, to the property management companies.

Property management companies can accept the entrustment of public enterprises such as water supply, power supply, gas supply, communication, cable TV, etc., and charge the fees mentioned in the preceding paragraph with compensation, but shall not charge any additional fees to the owners.

Public enterprises shall not deduct the relevant expenses that the owners should bear from the property management enterprises.

Forty-fourth property management companies have been entrusted to implement property management and charge corresponding service fees, and other departments and units may not charge the owners or property users the same fees in nature and content again.

Forty-fifth the following facilities in the property management area belong to all owners:

(1) Property management place;

(2) garbage collection and distribution rooms and public toilets;

(three) public green spaces, roads, fences, sports fields and other public places and public facilities within the property management area;

(4) Failing to set up non-motor vehicle parking spaces and garages as planned;

(five) the construction cost has been allocated to the public facilities in the housing sales price.

The above-mentioned houses, facilities, equipment and sites shall not be mortgaged or traded, and their use purposes shall not be changed.

Article 46 The municipal real estate administrative department shall establish a property management complaint acceptance system, and investigate and handle the complaints of owners, owners' committees, property users and property management enterprises in property management activities within 15 days from the date of acceptance, and reply the investigation or handling results to the complainant.

Chapter V Use and Maintenance of Property

Forty-seventh property management companies should guide and supervise the owners to decorate houses.

Owners or property users should inform property management companies in advance when decorating houses; The property management enterprise shall inform the owners or property users of the prohibited acts and matters needing attention in the house decoration.

Owners or property users shall abide by relevant laws and regulations when decorating houses.

Article 48 Where a property is leased, the owner shall, after signing the property lease contract, inform the owners' committee and the property management enterprise in writing of the lessee, the lease term, the nature of the property used by the lessee and the agreement on the payment of the property service fee.

Forty-ninth the following acts are prohibited in the use of property:

(a) the demolition of housing load-bearing structure;

(two) occupation, damage to * * * housing, * * housing facilities and equipment;

(three) illegal construction of buildings and structures;

(four) unauthorized changes in the use or appearance of the house, affecting the life, work or city appearance and environment of others;

(five) in violation of the provisions of stalls, jeeves;

(6) Dumping garbage, sewage and sundries in violation of regulations;

(seven) graffiti on buildings and structures, or hang or post promotional materials in violation of regulations;

(8) Parking bicycles and motor vehicles in violation of regulations;

(nine) stacking flammable, explosive, toxic or radioactive substances, discharging toxic and harmful substances or making noise exceeding the prescribed standards;

(ten) other acts prohibited by laws, regulations and rules.

In violation of the provisions of the preceding paragraph, the owners, the owners' committee and the property management enterprise have the right to stop it.

Article 50 Where * * * uses property parts or facilities and equipment for business activities, it shall obtain the written consent of the relevant owners, owners' congress and property management enterprises, and the property management enterprises shall go through the formalities of examination and approval or registration with the relevant departments according to law. After deducting the agency fee of the property management enterprise, 30% of the income of the owners will be used to subsidize the service fee of the property management enterprise, and 70% will be included in the special maintenance fund of the property, unless otherwise decided by the owners' meeting.

Article 51 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

* * * Parking and management of vehicles in the area shall be decided by the owners' meeting. If the owner has special storage requirements for vehicle parking, the owner and the property management enterprise shall sign a storage contract separately.

Fifty-second public enterprises such as water supply, power supply, gas supply, heating, communication, cable TV, etc., shall bear the responsibility for the maintenance and conservation of related pipelines and facilities and equipment in the property management area according to law.

If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state.

Article 53 The owners of residential properties, non-residential properties in residential areas or non-residential properties connected with a single residential building structure shall pay special maintenance funds for properties in accordance with relevant state regulations.

Property special maintenance funds shall be owned by the owners, and shall be earmarked for the maintenance, renewal and transformation of the parts and facilities used by the property after the expiration of the property warranty period, and shall not be used for other purposes.

The management of special maintenance funds for property shall be based on the principles of special account storage, unified management, separate building accounts and household accounting. The specific use and renewal plan shall be decided by the owners' congress in accordance with the relevant provisions of the state. The owners' committee shall announce the use of special maintenance funds for property to the owners every six months, and accept the supervision of the municipal real estate administrative department.

Fifty-fourth property maintenance, renovation, renovation costs, in accordance with the following provisions:

(a) after the expiration of the warranty period, the maintenance, renewal and transformation costs of the occupied parts and equipment of the property shall be borne by the owner;

(2) After the warranty period expires, the daily operation and maintenance costs of the * * * parts and * * * facilities and equipment of the property shall be paid by the owner in the property service fee; Maintenance, renovation, renovation costs, charged in the special maintenance funds, according to the beneficiaries, by the building, unit property owners or all owners in the property management area according to the proportion of their respective property construction area;

(3) Where the parts, facilities and equipment used by the property are damaged artificially, the expenses for maintenance and renewal shall be borne by the responsible person.

When a property management enterprise manages and maintains the parts, facilities and equipment used by the property, the relevant owners and property users shall cooperate.

Chapter VI Legal Liability

Fifty-fifth one of the following acts, shall be punished in accordance with the provisions of the "Regulations" of the State Council property management:

(1) The residential property construction unit fails to select the property management enterprise through bidding, or selects the property management enterprise through agreement without approval;

(two) to dispose of the ownership or use right of the property parts, facilities and equipment belonging to the owners without authorization;

(3) Failing to hand over relevant information;

(four) engaged in property management without obtaining the qualification certificate;

(five) the construction unit in the property management area is not in accordance with the provisions of the allocation of property management space;

(six) the property management enterprise employs personnel who have not obtained the professional qualification certificate of property management to engage in property management activities;

(seven) misappropriation of special maintenance funds for property;

(eight) without the consent of the owners' meeting, the property management enterprise changes the purpose of the property management house without authorization.

Article 56 If the owners' committee violates laws and regulations or exceeds the scope authorized by the owners' congress, infringes on the legitimate rights and interests of the owners and causes losses, it shall bear corresponding legal responsibilities.

Fifty-seventh owners, property users in violation of the owners' convention, the owners' committee shall promptly stop, and deal with it in accordance with the owners' convention.

Fifty-eighth without the approval of the planning administrative department, the construction of buildings and structures in the property area shall be handled by the urban management administrative law enforcement department in accordance with the "People's Republic of China (PRC) * * * and People's Republic of China (PRC) Urban Planning Law" and other relevant laws and regulations.

Fifty-ninth in violation of the provisions of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay within the time limit. If they still fail to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

If the property user fails to pay the property management service fee, the owner shall bear joint and several liability.

Sixtieth property management enterprises in violation of these measures, one of the following acts, the municipal real estate administrative departments and relevant administrative departments shall be ordered to make corrections within a time limit and give punishment; If the circumstances are serious, the municipal real estate administrative department may lower its qualification level until the property management qualification certificate is revoked:

(1) Failing to perform the realty service contract;

(two) to expand the scope of fees and raise the standard of fees without authorization;

(3) The management system is not perfect and the management is chaotic.

Sixty-first property services contract format terms should be filed but not filed, the administrative department for Industry and Commerce shall order it to make corrections within a time limit; Those who refuse to make corrections within the time limit may be fined from 500 yuan to 2000 yuan.

Sixty-second real estate administrative departments and other relevant departments and units of the staff, do not perform their duties of supervision and management according to law, or do not investigate and deal with violations of property management regulations according to law, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Sixty-third in violation of other provisions of these measures, shall be punished in accordance with the provisions of the "Regulations" of the State Council and the "Regulations" of Anhui property management and other relevant laws and regulations.

Chapter VII Supplementary Provisions

Sixty-fourth buildings, industrial parks, farmers' markets, public attractions and other property management within the urban planning area of this Municipality shall be implemented with reference to these measures.

Sixty-fifth counties (cities) may formulate specific implementation rules with reference to these measures.

Sixty-sixth these Measures shall be interpreted by the Municipal Real Estate Management Bureau in conjunction with the relevant departments.

Article 67 These Measures shall come into force as of April 6, 2007. The Interim Measures for the Property Management of Urban Residential Areas in Anqing City (No.1999[28]) issued by the Municipal People's Government on October 7th shall be abolished at the same time.

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