Supplementary Provisions on Property Management of Urban Residential Areas in Anshan City

Article 1 In order to further promote the property management of residential areas in this Municipality, ensure the rational use of properties, and safeguard the legitimate rights and interests of owners and property service enterprises, these Provisions are formulated in accordance with the Regulations on Property Management and the Measures for the Property Management of Urban Residential Areas in Anshan City (No.1 Order). The municipal government 144) and combined with the actual situation of our city.

Article 2 These Provisions shall apply to the property management of urban residential areas in the urban areas of our city.

Chapter II Acceptance of New District Planning

Article 3 The municipal planning department shall, in accordance with the relevant provisions of the National Residential Area Design Code and the Measures for Property Management in Urban Residential Areas of Anshan City, plan and design property management houses, motor vehicle parking lots, facilities and equipment according to relevant standards, and mark them on the general plan of planning and design.

In residential areas, new residential buildings (including those relocated and built by the government) shall be examined and approved, and the urban planning department shall comprehensively consider the overall situation of residential areas and plan property management houses in accordance with the provisions of Articles 5 and 6 of the Measures for Property Management in Anshan Urban Residential Areas.

Article 4 The Municipal Real Estate Bureau shall intervene in the planning and design in advance, and cooperate with the municipal planning department to do a good job in the planning and design supervision of property management.

Article 5 If the property management facilities are not built according to the planning and design requirements or should be built according to the planning, the municipal planning department shall order the development and construction unit to carry out rectification. If it is not rectified, it shall be forced to rectify by the municipal comprehensive administrative law enforcement department.

Article 6 The Municipal Real Estate Bureau shall strengthen the supervision over the bidding of pre-property management according to the Interim Measures for the Management of Pre-property Management Bidding of the Ministry of Construction. Before the pre-sale permit formalities are handled for the projects under construction, the development and construction unit shall determine the realty service enterprise by bidding.

Chapter III Transfer of Facilities in Newly-built Residential Areas

Seventh residential buildings, such as tap water, heating, gas, electricity and other facilities, by the development and construction units were handed over to the water supply units, heating units, gas supply units and power supply units, after the expiration of the warranty period by the relevant professional departments responsible for maintenance.

Article 8 The drainage trunk line between sewer pipes used in residential buildings, sewer pipes in front of buildings, septic tanks and municipal drainage pipes shall be handed over to the Municipal Real Estate Bureau by the development and construction unit, and relevant maintenance and management fees shall be paid to the Municipal Real Estate Bureau. After the expiration of the warranty period, the Municipal Real Estate Bureau shall be responsible for the maintenance, and the maintenance fee shall be charged by the Municipal Maintenance Fee.

Chapter IV Maintenance Management of Residential Buildings

Article 9 During the warranty period, the development and construction unit is responsible for the maintenance of residential foundation, load-bearing walls, columns, beams, floors, outdoor walls, halls, staircases, corridor passages, roof waterproofing, residential roads, street lamps and other facilities and equipment. After the warranty period expires, the housing management unit is responsible for the daily maintenance.

Tenth residential * * * with parts, * * with special daily maintenance facilities and equipment for roof waterproofing, stairwells, buildings to septic tanks * * with sewage pipes, and other * * * with parts for daily maintenance.

Article 11 The sanitary wares, doors and windows, non-load-bearing walls, interior walls, floors, ceilings, balconies and other self-use parts and facilities used by the property owner alone in the entrance door of private property houses shall be maintained by the development and construction unit during the warranty period. After the expiration of the warranty period, the property owner shall maintain it by himself.

Chapter V Parking Management in Residential Areas

Twelfth residential parking lot according to the planning, design and construction, shall not be changed. By the municipal civil air defense department, it is clear whether the underground parking lot belongs to civil air defense projects, and the rights and obligations of users of civil air defense projects are clearly defined.

Article 13 A realty service enterprise or a professional management unit entrusted by a realty service enterprise is responsible for providing motor vehicle parking management services in residential areas (including motor vehicle parking services in ground parking lots, roadside parking lots, underground parking garages and three-dimensional parking garages). The realty service enterprise and the owners' committee shall delimit parking spaces on the internal roads of residential areas, and shall comply with the provisions of the national traffic facilities safety standards, and shall not occupy fire exits to set up parking spaces, and shall not hinder the passage of pedestrians and other vehicles.

Article 14 A realty service enterprise shall charge parking fees in accordance with the relevant laws and the prices determined by the owners' congress (different parking fees shall be set in different places, underground and above ground), and the standards and principles for the distribution of parking fees shall be stipulated in the realty service contract and reported to the municipal price department for the record.

Fifteenth where the use of the owner has been designated by the parking space, no unit or individual may sell. If the development and construction unit owns the ownership of the parking lot and garage, it shall give priority to selling or renting it to the owners of the residential area; Before the parking demand of the owner of this residential area is not met, the parking space shall not be sold or leased to other units or individuals. Parking spaces in residential areas are difficult to meet the parking needs of owners, and property service companies and owners' committees should take measures to improve the utilization rate of existing parking spaces in light of the actual situation.

Sixteenth property services companies should be in accordance with the relevant provisions of the property services contract, timely maintenance of roads, parking lots and facilities in residential areas, to ensure the normal use. If the vehicle is not parked according to the regulations, which affects the smooth roads or public safety of residential areas, it shall be handled in accordance with the parking management service agreement, management statute or the resolution of the owners' meeting, and the expenses arising therefrom shall be borne by the parking person.

Seventeenth residential motor vehicle parking should comply with the following provisions:

(1) Abide by the resolutions of the owners' meeting, the management regulations and the motor vehicle parking management system in residential areas, and obey the command of the parking management personnel;

(two) to pay the parking management service fee in accordance with the regulations or agreements;

(3) It is forbidden to occupy or block fire exits and fire control facilities.

Chapter VI Quality Warranty and Public Environment Maintenance Fund

Eighteenth development and construction units in the pre-sale permit procedures for commercial housing, should be reserved by the unit accounted for 30% of the total housing construction area. Development and construction units will tap water, heating, gas, power supply and other supporting facilities handed over to the relevant management units, allowing the sale of reserved houses accounting for 20% of the total construction area; Development and construction units are allowed to sell the reserved houses that account for 10% of the total construction area after completing the later-stage project in accordance with relevant regulations and handing over the parts, facilities and related materials in the residential area to the pre-stage property service enterprises.

Nineteenth the establishment of residential quality warranty system. In the development and construction units for housing area for the record, according to the standard of 20 yuan per square meter, should pay the total construction area quality warranty gold to the Municipal Real Estate Bureau. After the expiration of the five-year warranty period, the housing management unit (including the property service enterprise) will return the balance of the quality warranty fund after the parts and facilities used by * *, the parts and facilities used by the owner are qualified. The quality warranty fund is managed by the Municipal Real Estate Bureau, and is subject to the supervision and audit of the Municipal Finance Department and the Municipal Audit Department. Property service enterprises are prohibited from collecting quality warranty money.

Twentieth the establishment of property management and environmental maintenance fund system. After winning the bid and signing the realty service contract, the realty service enterprise shall pay a public * * * environmental maintenance fund of no more than 500,000 yuan to the Municipal Real Estate Bureau according to the standard of 6 yuan with a total construction area of residential quarters per square meter. This fund is used to pay the environmental sanitation cleaning expenses when the residential area is abandoned, and compensate for the losses caused by the unauthorized sale and damage of the facilities and equipment used by * *. The funds are managed by the Municipal Real Estate Bureau, and are subject to the supervision and audit of the municipal finance and auditing departments.

Twenty-first property service enterprises should strictly fulfill the property service contract, the validity period of the new residential property service contract should not be less than 5 years, and the validity period of the old residential property service contract should not be less than 3 years. Upon the expiration of the realty service contract, if the realty service enterprise no longer provides realty service, it shall hand over the facilities, equipment and related materials to the residential owners' committee. Within 5 days after the owners' committee, sub-district office and community neighborhood committee pass the acceptance test and issue a certificate, the Municipal Real Estate Bureau will return the public environmental maintenance funds paid by the property service enterprises in this community.

If the acceptance is unqualified, the local street office shall be temporarily responsible for the management of the residential area. During the management of street offices, you can apply to the Municipal Real Estate Bureau for the use of public environment maintenance funds in this residential area, which will be allocated by the Municipal Real Estate Bureau according to the actual situation. After the public * * * environmental maintenance funds in residential areas are used up, the neighborhood offices shall clean the environmental sanitation of residential areas in accordance with the relevant provisions, and the residential areas that have not implemented property management shall be charged according to the cleaning standards until the owners' meeting selects a new property service enterprise.

Chapter VII Property Management Related Contracts

Article 22 After hiring a realty service enterprise, the development and construction unit must sign the prophase realty service contract with reference to the prophase realty service contract (model text) issued by the Ministry of Construction, in which the realty service charge shall be managed by the municipal price department jointly with the municipal real estate bureau. In the preliminary realty service contract signed by the owner and the realty service enterprise, the service content, service quality, service standard, service fee, service period and liability for breach of contract shall be clearly stipulated.

Twenty-third development and construction units must refer to the temporary management statute (model text) issued by the Ministry of Construction to formulate the temporary management statute, and express and explain it to the property buyer, who shall make a written commitment to abide by the temporary management statute.

Twenty-fourth pre-sale of commercial housing, the sales contract signed by the development and construction unit and the property buyer should include the contents of the previous property service contract, and it is clear that the development and construction unit is responsible for the quality of housing construction, and the property service enterprise does not bear the maintenance responsibility in this respect. After the owner moves in, the development and construction unit is responsible for solving the quality problems of the house and supporting facilities during the warranty period. Owners can also protect their rights and interests through legal channels, but this should not be used as an excuse to refuse to pay property service fees.

Article 25 In the annex to the house sales contract signed by the development and construction unit and the property buyer, the supporting equipment shared by all owners in the property management area shall be listed, and the ownership nature of the motor vehicle parking lot and the instructions on the use of the above-ground and underground motor vehicle parking spaces must be clearly defined in the house sales contract.

Twenty-sixth belongs to the owner * * * part of the property management room and other parts of the area, in the development and construction unit area for the record by the municipal property registration department to be frozen, not transferable, not to rent.

Twenty-seventh property buyers should be based on the residential quality warranty and residential instructions provided by the development and construction units, and check the quality of the purchased houses, supporting facilities and environmental construction of residential areas before moving in. After occupancy, the property buyer should consciously fulfill the stipulations of the previous property service contract and cooperate with the property service enterprises to do a good job in the property management of residential areas.

Article 28 When undertaking a property, a property service enterprise shall carefully examine the parts and facilities used by * * *, and ask the development and construction unit for the completion acceptance data such as the completion general plan and completion drawings of single buildings, supporting facilities and underground pipe network projects, technical data such as installation, use and maintenance of facilities and equipment, property quality warranty documents and property use instruction documents, etc. , to clarify the scope and responsibility of maintenance, and refuse to accept maintenance that does not meet the requirements of property management.

Article 29 A realty service contract shall stipulate that disputes arising from realty service fees between owners and realty service enterprises shall be settled through arbitration. If the owner refuses to pay the property service fee for a total of six months without clear reasons, the property service enterprise may apply to the arbitration department for arbitration or bring a lawsuit to the people's court according to the service contract.

Thirtieth street offices (Town People's Government) where the property is located shall, in accordance with the regulations, guide the owners and the construction units (including the units selling public housing) to hold the owners' meeting and elect the owners' committee. Community neighborhood committees shall guide and supervise the work of the owners' committee and cooperate with the owners' committee to implement autonomous management according to law.

After the convening of the owners' meeting and the election of the owners' committee, under the guidance of the local district government, the owners can independently invite tenders to hire property service enterprises, and sign property service contracts with the property service enterprises according to their own economic affordability and with reference to the reference standards for property service charges formulated by the municipal price department.

Article 31 The municipal price department shall, according to the actual situation of residential areas and the ability of the owners to bear the cost of property services, formulate reference standards for property charges in residential areas, including basic services, housing management, maintenance of facilities and equipment (including roads in residential areas), assistance in maintaining public order, cleaning services, greening and maintenance management, and rental of parking spaces for above-ground and underground motor vehicles. Investigate and deal with arbitrary charges such as expanding the scope of charges, raising the standard of charges and setting up charging items.

Thirty-second property service enterprises must disclose the content of property services, service standards, charging items and standards (including the charging standards for motor vehicle parking spaces), report to the municipal price department for the record, and handle the charging license and accept supervision.

Chapter VIII Transfer, Renovation and Property Management of Facilities in Old Residential Areas

Thirty-third before the transformation of old residential areas, tap water, gas, power supply, heating, drainage and other supporting facilities were received by water supply units, gas supply units, power supply units, heating units and the Municipal Real Estate Bureau, and the relevant professional departments were responsible for the maintenance after receiving them.

Thirty-fourth residential areas after the transformation, there are property services companies to provide property services, residential roads, greening and other parts, by the property services companies responsible for the management; If there is no property service enterprise to provide property services, the neighborhood offices and community residents' committees shall be responsible for the management.

Need to tap water, gas, power supply, heating, drainage and other supporting facilities for maintenance and renovation, involving residential roads, green spaces and other * * * parts or facilities and equipment, the construction unit or individual, the property service enterprise * * * shall submit a written application to the urban construction management department of the district government, and the construction can only be started after the approval of the urban construction management department of the district government, and the neighborhood office where the residential area is located shall supervise the construction. Construction units or individuals should be restored to the original state after construction, and the urban construction management department of the district government will conduct acceptance.

Thirty-fifth district government should reasonably divide the old residential areas. The division of old residential areas should consider factors such as property facilities and equipment, building scale and community construction, and follow the following principles:

(a) the construction area should be not less than 20 thousand square meters.

(two) a natural residential area based on the original property management unit.

(3) Residential areas formed by urban primary and secondary roads.

The district governments should establish a file information system for the housing ownership, monitoring system, property management houses, bicycle yards, closed facilities, roads, greening and other related properties in various residential areas in the region, formulate the implementation plan of property management, and report it to the Municipal Real Estate Bureau for the record.

Thirty-sixth district governments shall, in combination with community construction, strengthen the comprehensive management of old residential areas in conjunction with the municipal comprehensive administrative law enforcement departments. Key points and standards of governance:

(a) clean up and dismantle all kinds of illegal buildings and temporary buildings, and rectify street plaque advertisements.

(two) improve the infrastructure, clean up the environmental sanitation, and rectify the mess and environmental pollution.

(three) provide property management office space, improve the management system.

The transformation funds are invested by the municipal government, social forces and self-run housing units and raised by many parties.

Article 37 The realty service enterprise shall supervise and stop the illegal acts such as dismantling and changing the load-bearing structure of the house, occupying and damaging the * * * used parts, public * * * used sites, * * used facilities and equipment, and changing the planned use of the property without authorization. If there is no property service enterprise, it shall be supervised and stopped by the community neighborhood committee. After the realty service enterprise or community residents' committee stops it, if the violator refuses to correct it, the realty service enterprise or community residents' committee shall report it to the municipal comprehensive administrative law enforcement department for handling.

Thirty-eighth street offices shall guide and assist the owners of old residential areas to set up owners' meetings and elect owners' committees, and implement owner autonomy management.

(1) If the supporting facilities of the old residential area are complete and the owners' committee has been established, the owners can implement property management by hiring property service enterprises.

(two) the old residential areas do not have the conditions to implement professional property management, and open property management can be implemented by combining community autonomy with owner autonomy.

(3) The old residential area is relatively small, and the owners can manage it by themselves.

Article 39 When implementing property management in old residential areas, priority can be given to the property management unit with the largest original management area in residential areas to provide property management services. Public housing should be entrusted by the property unit to the property service enterprise to implement property management, and the property user should pay the property management service fee. With the consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners, the owners' committee may also sign property service contracts with other property service enterprises through bidding.

Chapter IX Acceptance and Management of Abandoned Houses

Fortieth city real estate bureau to classify the abandoned houses in the city, according to the actual situation of damage and other repair costs, reported to the municipal government for approval.

Forty-first abandoned houses that have been repaired once by the municipal financial investment shall be received by the Municipal Real Estate Bureau and be responsible for the maintenance management in the future.

Forty-second original residential units abandoned before the establishment of residential special maintenance funds, residential special maintenance funds must be fully transferred to the city real estate bureau. Without the establishment of special maintenance funds or insufficient special maintenance funds, all the remaining funds of public housing reform will be used as special maintenance funds by the Municipal Real Estate Bureau.

Chapter X Supplementary Provisions

Forty-third state-owned non-residential real estate in accordance with the provisions of the "Anshan State-owned non-residential real estate management measures" to receive and maintain. The Municipal Real Estate Bureau shall recruit realty service enterprises, sign a realty service entrustment agreement with the house demolition unit, and implement unified realty management with reference to these Provisions.

Forty-fourth county (city) people's government may, in accordance with the spirit of these Provisions and in light of local conditions, formulate specific measures.

Article 45 These Provisions shall come into force as of July 6, 2008.