Detailed Rules for the Implementation of Property Management in Ruian City (2)

Chapter IV Property Management Services

Thirtieth a property management area by a property service enterprise to provide property services. Advocate owners to choose property service enterprises through an open, fair and just market competition mechanism.

Article 31 A realty service contract shall be signed by the owners' committee and the realty service enterprise selected by the owners' congress, and its contents shall be agreed by both parties, generally including the following clauses:

1. Name and domicile of the party concerned;

Second, the basic situation of the property;

Three, property services and service quality requirements;

Four, the standard of property service fees and collection methods;

Verb (abbreviation of verb) management and use of special maintenance funds;

Six, real estate management and use management;

Seven, the duration of the property service contract;

Eight. Liability for breach of contract;

Nine. Ways to resolve disputes;

X. other matters agreed by both parties.

The parties may sign the contract with reference to the model text of the realty service contract, and the term of the realty service contract is generally three years.

Thirty-second property services companies to undertake the property, it should be with the owners' committee for property handover and acceptance procedures.

The owners' committee shall hand over the information specified in the first paragraph of Article 27 of these Rules to the realty service enterprise.

Article 33 A realty service enterprise shall provide services in accordance with the stipulations of the realty service contract.

Property service enterprises should regularly listen to the opinions and suggestions of owners and non-owners, and cooperate with community residents' committees to do a good job in community management.

Thirty-fourth owners should pay the property service fee in full and on time according to the property service contract. If the owner and the non-owner user agree that the non-owner user will pay the property service fee, the owner shall bear joint liability from the agreement.

Property that has been completed but has not been sold or delivered to the property buyer shall be paid in full by the construction unit.

When dealing with property rights, buyers and sellers should have a clear agreement on the settlement of property services. When handling the transfer of property rights, it is necessary to provide the bills paid by the property service fee in the current month.

Thirty-fifth professional units such as water supply, power supply, gas supply, communication and cable TV in the property management area shall charge relevant fees to the end users.

The end user of residential property shall be determined in accordance with the following provisions:

(a) The exclusive part takes a single owner as the end user;

(2) Some owners * * * Some owners are end users;

(3) All owners * * * take some of them as end users.

Thirty-sixth water supply, power supply, gas supply, heating, communications, cable television and other professional units shall not force property services companies to charge related fees. If it is really necessary to entrust a property service enterprise to collect relevant fees, it shall sign an entrustment agreement and pay the corresponding collection fees.

Thirty-seventh property service enterprises shall regularly publish the revenue and expenditure of the facilities and equipment used in the public parts of the property and the property management area.

Thirty-eighth when the property contract is terminated, the property service enterprise shall return the information and property management premises specified in the first paragraph of Article 27 of these Rules to the owners' committee.

Thirty-ninth street offices, township governments and community residents' committees shall cooperate with or be entrusted by the property authorities to mediate the contradictions and disputes between owners or non-owners and property service enterprises in property management activities.

Chapter V Use and Maintenance of Property

Fortieth property management areas prohibit the following acts that harm the public interest:

(a) unauthorized demolition of housing load-bearing structure, change the use of housing;

(two) occupy or damage the * * part of the property, * * facilities and equipment, and move the * * * facilities and equipment without authorization;

(three) occupation of green space, destruction of greening;

(4) Dumping or discarding garbage and sundries at will;

(five) stacking flammable, explosive, toxic and radioactive substances, discharging pollutants beyond the standard or emitting excessive noise and vibration;

(6) Hanging, posting, scribbling or depicting on buildings or structures;

(seven) using property to engage in activities that endanger public interests or infringe upon the legitimate rights and interests of others;

(eight) illegal construction of buildings and structures;

(nine) changing the appearance of the house without authorization;

(ten) other acts prohibited by laws, regulations and rules and the owners' convention.

Forty-first pipeline gas, communication and outdoor water, electricity, cable TV and other pipelines and facilities in the property management area are managed, maintained and maintained by relevant professional units. Professional units can also entrust property management companies to carry out maintenance, and the expenses are paid by professional units.

Forty-second owners or non-owners who use the house for decoration shall inform the property service enterprise in advance. The realty service enterprise shall inform the owners or non-owners of the prohibited behaviors and matters needing attention in the decoration, and sign a service contract with the owners or non-owners of the users.

Owners or non-owners who use houses for decoration shall abide by the provisions of the state and these rules, as well as the temporary owners' convention and owners' convention.

During the renovation period, the owner damages the stairwell, stair wall, steps, railings and other * * * parts, and the owner shall repair them in time or the property service enterprise shall be responsible for repairing them, and the expenses shall be borne by the owner.

Forty-third property service enterprises should strengthen the inspection of decoration safety matters in the property management area, and the owners should cooperate. Property service enterprises found that owners and non-owners used the property, in violation of the provisions of the state and these rules and the owners' temporary convention in the process of decoration, should be discouraged and stopped in accordance with the relevant provisions of the owners' convention; Discourage or stop ineffective, it shall report to the relevant administrative departments in a timely manner.

After receiving reports, complaints and reports, the relevant administrative departments shall promptly deal with them according to law.

Forty-fourth the use of property * * * parts, * * with facilities and equipment for business activities, with the consent of the relevant owners, owners' congress, property services companies, you can apply to the relevant departments for examination and approval procedures. More than 50% of the owner's income is used as supplementary special maintenance funds, and the rest is used according to the decision of the owners' meeting.

The use of property to set up advertisements shall meet the requirements of neat and beautiful facade of the house, and shall be reported to the relevant administrative departments for examination and approval after obtaining the consent of the relevant owners, industry committees and property service enterprises. After approval, it shall sign an agreement with the property service enterprise and pay the property setting fee. More than 50% of the operating and setting fees charged in accordance with the regulations shall be used as supplementary special maintenance funds, and the rest shall be used according to the decision of the owners' meeting.

With the consent of the owners' meeting, if outdoor temporary parking spaces are set up in the property management area, the management fee collection expenses and management standards shall be implemented in accordance with the Notice on Charges for Parking Services in Residential Areas (Ruian Development and Planning Bureau [2004] No.82).

Article 45 The owners of residential properties, non-residential properties in residential areas or non-residential properties connected with single houses shall pay special maintenance funds according to the structural conditions.

Owners of new rural residential properties, including farmers' houses in residential areas, should also pay special maintenance funds.

Forty-sixth special maintenance funds paid by the owners, the special maintenance fund management center of the property administrative department is responsible for unified management, and opened a special account in the local bank for storage. The special maintenance fund management center of the property department shall take the owners' committee as the management unit, and carry out accounting and account establishment for each building.

Article 47 The wages, office expenses and training expenses of the staff of the special maintenance fund management center charged by the property administrative department shall be charged in the appreciation of the special maintenance fund.

Article 48 The first-phase special maintenance funds for new residential buildings shall be collected and remitted by the construction unit, and the payment standards are: 60 yuan per square meter for high-rise buildings, 48 yuan per square meter for small high-rise buildings and 30 yuan per square meter for multi-storey buildings.

Forty-ninth the use of special maintenance funds must be put forward by the property service enterprise annual maintenance project plan, approved by the owners' meeting, reported to the property department in charge of special maintenance fund management center for approval, before disbursement and use.

The special maintenance fund belongs to the owner. After the warranty period of the property expires, it will be used exclusively for the maintenance, renewal and transformation of the * * * part of the property and shall not be used for other purposes. When the special maintenance funds are used to 20% of the total amount, the community owners shall continue to raise the first fund.

Fiftieth when the property is in danger or personal safety emergency, the property service enterprise shall immediately organize the risk removal and notify the owners' committee in time, and the risk removal and maintenance costs shall be borne by the relevant responsible person. In line with the conditions and scope of the use of special maintenance funds, maintenance costs can be paid from the special maintenance funds.

Article 51 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state. The construction unit may entrust the realty service enterprise with maintenance or organize maintenance by itself.

During the warranty period, if the construction unit organizes maintenance by itself, the maintenance period shall be the same as that promised by the realty service enterprise to the owner. Fails to repair, the realty service enterprise shall repair, maintenance costs charged in the warranty fund.

Before the property is completed and accepted, the construction unit shall pay a one-time warranty of 2% of the total construction and installation cost to the property administrative department and deposit it in the designated bank as a guarantee for the maintenance cost of the property during the warranty period.

Chapter VI Legal Liability

Fifty-second acts in violation of the provisions of these rules, the State Council "Property Management Regulations" and "Zhejiang Property Management Regulations" and other relevant laws and regulations have been punished, from its provisions.

Article 53 If the decision made by the owners' committee violates the provisions of relevant laws, regulations or rules, the property administrative department shall order it to correct or cancel its decision within a time limit according to law, and notify all owners.

Article 54 If the owner fails to pay the property service fee in accordance with the previous property management service agreement or property management service contract, the owners' committee shall urge him to pay within a time limit, and the property service enterprise that fails to pay within the time limit shall recover the compensation according to law.

Fifty-fifth disputes arising from property services between owners, owners' congress, property service enterprises and construction units can be resolved through reconciliation or mediation; If you are unwilling to mediate or mediation fails, you may apply for arbitration or bring a lawsuit to the people's court according to law.

Fifty-sixth real estate department staff dereliction of duty, abuse of power, corruption, given administrative sanctions by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 57 Where the provisions in these Detailed Rules on the management and use of special maintenance funds and warranty funds conflict with the provisions promulgated by the Zhejiang provincial government in the future, the provisions promulgated by the Zhejiang provincial government shall prevail.

Fifty-eighth problems in the specific application of these rules shall be interpreted by the Ruian Real Estate Management Bureau.

Article 59 These Rules shall come into force as of the date of promulgation. On July 1 2006, the Detailed Rules for the Implementation of Property Management in Residential Quarters in Ruian City promulgated by Ruian Municipal Government was abolished at the same time.