The full text of "Regulations on Property Management in Guangxi Zhuang Autonomous Region"

The full text of "Regulations on Property Management in Guangxi Zhuang Autonomous Region"

The "Regulations on Property Management in Guangxi Zhuang Autonomous Region" was adopted by the 24th meeting of the Standing Committee of the Ninth People's Congress of Guangxi Zhuang Autonomous Region on May 26th, 20001year, and is hereby promulgated and shall come into force as of July 6th, 20001year.

Standing Committee of the People's Congress of Guangxi Zhuang Autonomous Region

200126 May

Regulations of Guangxi Zhuang Autonomous Region on Property Management

(adopted at the 24th meeting of the Standing Committee of the Ninth People's Congress of Guangxi Zhuang Autonomous Region on May 26th, 20001year)

Chapter I General Principles

Article 1 In order to standardize property management, safeguard the legitimate rights and interests of owners, users and property management enterprises, ensure the rational use of property, and create and maintain a clean, civilized, safe and comfortable environment, these Regulations are formulated in accordance with the provisions of relevant national laws and regulations and the actual situation of this autonomous region.

Article 2 These Regulations shall apply to the property management within the administrative area of this Autonomous Region.

Article 3 The term "property management" as mentioned in these Regulations refers to the activities of property management enterprises that accept the entrustment of owners, owners' committees or other organizations to manage the property and provide corresponding services in accordance with the contract.

The term "property" as mentioned in these Regulations refers to houses and their ancillary facilities, equipment and related sites.

The term "owner" as mentioned in these Regulations refers to the owner of the property.

The term "user" as mentioned in these Regulations refers to the lessee of the property and other people who actually use the property.

The term "property management enterprises" as mentioned in these Regulations refers to enterprises established according to law and engaged in property management services.

Fourth new property, property management should be implemented; Other properties shall create conditions and gradually implement property management.

Fifth property management should follow the principle of combining professional management services with the supervision of the government, society and owners. People's governments at all levels should encourage the development of property management to socialization, specialization and marketization, improve the level of property management and improve people's living and social environment.

Article 6 The administrative department of construction of the people's government of the autonomous region shall supervise and manage the property management of the whole region. The administrative department in charge of property management determined by the people's governments of cities and counties shall be responsible for the supervision and management of property management within their respective administrative areas.

Chapter II Owners' Management Organization

Seventh owners have the right to manage the * * * use part of the property and * * * related affairs according to law, and bear corresponding obligations.

Rights of the owner:

(a) to participate in the owners' congress or the owners' congress;

(two) enjoy the right to vote and be elected by the owners' committee;

(3) Voting to adopt the owners' convention and the articles of association of the owners' committee;

(four) to decide on major issues involving the interests of the owners;

(five) to supervise the management of the owners' committee and the management service activities of the property management enterprises;

(six) other rights stipulated by laws and regulations.

Owner's obligations:

(a) abide by the laws and regulations of property management and the owners' convention;

(two) to implement the relevant decisions of the owners' congress or the owners' congress and the owners' committee;

(three) abide by the management system and rules and regulations of the property management area;

(four) timely payment of property management service fees and maintenance funds;

(5) Other obligations stipulated by laws and regulations.

Eighth in the property management area, the owners set up the owners' meeting, the number of people in the industry is large, and the owners' representatives can be elected in proportion to form the owners' meeting in the property management area. The owners' congress or owners' congress shall invite users' representatives to attend.

Owners' congress or owners' congress is an organization that represents and safeguards the legitimate rights and interests of all owners in property management activities.

Large-scale property can be divided into several property management areas. The scope of the property management area shall be defined by the property management administrative department in conjunction with the administrative departments of civil affairs and public security according to the relevant situation of property management and social management.

Article 9 If the actual construction area of the property reaches more than 50%, or the actual construction area reaches more than 30% but less than 50%, but it has been used for more than one year, the first owners' meeting or owners' representative meeting shall be held in accordance with these regulations.

The administrative department of property management shall convene and guide the owners to convene the first owners' meeting or owners' congress.

Tenth owners' congress or owners' congress shall exercise the following functions and powers:

(1) Electing or replacing members of the owners' committee and supervising the work of the owners' committee;

(two) to formulate and amend the owners' convention and the rules of procedure of the owners' committee;

(three) to listen to and consider the work report of the owners' committee;

(four) to decide on other major matters of property management.

Eleventh owners' congress or owners' congress shall be attended by more than half of the owners or owners' representatives. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of all voting rights. After the decision is adopted, it shall be published.

The number of owners' voting rights is calculated according to the construction area of the property owned by the owners, and the owners' congress or owners' congress may stipulate additional conditions for the number of owners' voting rights.

The owner may entrust an agent in writing to attend the owners' meeting or the owners' congress. The owners' congress or owners' congress shall be convened at least once a year, and shall be convened by the owners' committee. If more than 30% of the owners propose, the owners' committee shall convene the owners' meeting or owners' congress on the proposed topic.

Twelfth owners' committee is elected by the owners' congress or the owners' congress, and registered by the property management administrative department. In property management activities, handle specific affairs assigned by the owners' congress or owners' congress.

The members of the owners' committee shall be the owners, and the members of the owners' committee shall not be less than five. The chairman and deputy directors of the owners' committee shall be elected by the owners' committee. Members of the owners' committee are elected for a term of two years and may be re-elected.

Thirteenth owners' committee shall, within fifteen days from the date of election, register with the administrative department of property management with the following materials:

(a) the owners' committee registration application;

(two) the list of members of the owners' committee;

(3) Rules of procedure of the owners' committee.

The administrative department of property management shall, within fifteen days from the date of accepting the application for registration, register the owners' committee established in accordance with the provisions of these regulations. The owners' committee established in violation of these regulations shall not be registered, and the applicant shall be notified in writing.

Article 14 The owners' committee is entrusted by the owners' congress or the owners' congress to perform the following duties:

(a) to convene and preside over the owners' congress or owners' congress and report on the implementation of property management;

(two) to draft the owners' convention, the working rules of the owners' committee and their amendments, and report them to the owners' congress or the owners' congress for adoption, and supervise the implementation of the owners' convention;

(three) to implement the decisions of the owners' congress or the owners' congress;

(four) through public bidding and other means to select the corresponding qualified property management enterprises, on behalf of the owners to conclude, change and terminate the property management service contract;

(five) to supervise the management service activities of property management enterprises;

(six) to supervise the use and maintenance of * * * parts, * * equipment and public * * * facilities;

(seven) according to the property management service contract, review the property management service plan put forward by the property management enterprise;

(eight) to handle other matters entrusted by the owners' congress or the owners' congress.

Fifteenth owners' committee shall accept the supervision and guidance of the administrative department of property management, and the expenses required for the activities of the owners' committee shall be borne by all owners.

The owners' committee shall assist and support the local residents' committee to carry out activities in the property management area according to law.

Sixteenth before signing the property management service contract, the owners' committee shall announce the following matters to all owners and accept the supervision of the owners:

(a) the way of hiring a property management company;

(2) Basic information about the property management enterprise to be hired;

(3) Draft property management service contract to be signed.

Seventeenth owners' committee shall, within fifteen days from the date of the conclusion of the property management service contract, announce the property management service contract to all owners and report it to the property management administrative department for the record.

Eighteenth owners' congress or owners' congress shall conclude an owners' convention as a code of conduct for the use, maintenance and management of property. The owners' convention is binding on all owners, and users should abide by it.

The conclusion and amendment of the owners' convention shall be reviewed by the owners' congress or the owners' congress and passed by more than two-thirds of all voting rights.

The owners' committee shall, within ten days from the date of adopting the owners' convention, report the owners' convention to the property management administrative department for the record.

Article 19 When transferring or leasing a property, the owners' convention shall be an annex to the transfer contract or lease contract. The owners' convention is equally binding on the transferee or lessee.

The transferor or lessor shall, within ten days from the date of signing the property transfer contract or lease contract, inform the owners' committee and the property management enterprise of the transfer or lease.

Twentieth owners' congress or the decisions made by the owners' congress are binding on all owners and users in the property management area.

The owners' convention and the decisions made by the owners' congress or the owners' congress shall not conflict with laws and regulations.

Chapter III Property Management Enterprises and Services

Twenty-first enterprises engaged in property management must hold the property management qualification certificate issued by the administrative department of construction in the autonomous region before they can engage in corresponding property management services within the scope of their qualification grade.

Twenty-second property management companies accept the employment of property management service personnel, and shall sign a property management service contract with the owners' committee.

Twenty-third in the property management service contract, the parties may agree on the following property management services:

(a) the daily maintenance and management of the parts used by the property;

(two) the daily maintenance and management of the equipment and facilities used in the property and their operation and use;

(3) Environmental sanitation and greening management services;

(four) the management services of traffic order and vehicle parking in the property management area;

(five) to assist in the management of public security, fire control and other matters in the property management area;

(six) property decoration management services;

(7) Property information management;

(eight) property management service fees and their collection methods;

(9) Other matters.

Twenty-fourth property management services shall meet the following requirements:

(a) according to the technical standards and norms stipulated by the state and the autonomous region, the property management service contract and the property management service plan approved by the owners' committee, the implementation of property management services;

(2) Before the owners and users use the property, inform them in writing of the use, maintenance, methods, requirements, precautions and relevant provisions of laws and regulations of the * * * parts, * * equipment and public * * * facilities of the property;

(three) often conduct a comprehensive inspection of the property management area. Check and regularly maintain the * * * use parts, * * use equipment and * * * public facilities of the property;

(four) found that the property * * * parts, * * equipment or public facilities damaged, should immediately take protective measures, and in accordance with the provisions of the property management service contract;

(five) do a good job of property maintenance, maintenance, update and cost records, and properly keep property files and related financial books;

(six) regularly listen to the opinions of the owners' committee, owners and users, and improve and perfect the property management services;

(seven) found in violation of this Ordinance or the owners' convention, immediately dissuade and stop, and report to the owners' committee and the relevant administrative departments.

Twenty-fifth property management companies may entrust some property management services to other professional service companies with the consent of the owners' congress or the owners' congress, but may not entrust all property management services to others.

Twenty-sixth property management companies shall, within ten days from the date of termination or rescission of the property management service contract, handle the following matters with the owners' committee and report to the property management administrative department for the record:

(a) the property management service fees received in advance shall be settled according to the facts;

(two) the transfer of all property files and related financial books;

(3) handing over the houses, sites and other properties owned by the owners.

Chapter IV Early Property Management

Twenty-seventh the term "pre-property management" as mentioned in these Regulations refers to the property management after the property is sold to the owners' committee.

Article 28 Newly-built property construction units shall sign preliminary property management service contracts with selected property management enterprises, formulate preliminary property management norms in accordance with relevant regulations, and make them clear when selling. The preliminary property management service contract shall be reported to the property management administrative department for the record within 05 days from the date of signing the contract.

When signing a property transfer contract with the buyer, the newly-built property construction unit shall take the prophase property management norms and prophase property management service contract as annexes to the transfer contract.

Twenty-ninth new property construction units shall not transfer the ownership and use right of * * * parts of the property, * * equipment or public * * * facilities separately.

Thirtieth new property construction units shall, in accordance with the warranty period and scope stipulated by the state and the autonomous region, bear the responsibility for property warranty.

Thirty-first from the date of signing the preliminary property management service contract to the date of delivery of the new property, the property construction unit shall bear the cost of the preliminary property management service; From the delivery date of the newly-built property to the termination date of the prophase property management service contract, the property construction unit and the buyer shall bear the prophase property management service fee in accordance with the agreement in the transfer contract. When the newly-built property is delivered for use, unless otherwise agreed in the transfer contract, the property management enterprise shall not charge the buyer any fees.

Thirty-second public housing after the sale of property management, the management unit is responsible for the sale of public housing.

Thirty-third preliminary property management norms shall take effect after the owners' congress or the owners' congress has deliberated and adopted the owners' convention.

Thirty-fourth after the establishment of the owners' committee and before the termination of the preliminary property management service contract, the property construction unit shall hand over the following materials to the owners' committee:

(a) A copy of the property completion master plan;

(two) a copy of the completed installation drawings of single buildings, structures and equipment;

(three) a copy of the completed drawings of water supply, drainage, power supply, heating, gas, communication and other pipe networks;

(4) Technical data on the installation, use and maintenance of relevant facilities and equipment.

Thirty-fifth after the establishment of the owners' committee and before the termination of the preliminary property management service contract, the property construction unit shall hand over the public housing and management housing for public services to the owners' committee.

Chapter V Use of Property

Thirty-sixth owners and users should abide by the relevant provisions of laws and regulations, and properly handle the adjacent relations of water supply, drainage, transportation, ventilation, lighting, maintenance, decoration, environmental sanitation and environmental protection in accordance with the principles that are conducive to the safe, fair and reasonable use of the property.

Thirty-seventh the following acts are prohibited in the use of property:

(a) damage to the bearing structure and main structure of the house, damage to the appearance of the house, and change the use of the house without authorization;

(2) Occupy or damage * * * parts of the property and * * * equipment and facilities, and move * * * equipment without authorization;

(3) illegal construction;

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

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

(six) placing flammable, explosive, toxic and radioactive substances that exceed the safety standards, discharging toxic and harmful substances or making noise that exceeds the prescribed standards;

(seven) without the approval of the relevant departments to set up their stalls;

(eight) hanging, posting, scribbling and portraying the parts or places where the property is used without authorization;

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

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

Thirty-eighth owners or users should inform the property management enterprises in advance when decorating houses, and the property management enterprises should inform the owners or users of the prohibited acts and matters needing attention when decorating houses.

Property management enterprises shall guide and supervise the house decoration activities.

Thirty-ninth owners should use the property according to the design purpose. If it is necessary to change the design purpose of the property due to special circumstances, it shall obtain the written consent of the adjacent owners, the owners' congress or the owners' congress. Inform the property management enterprise and report to the relevant administrative department for approval.

In the property management area, the public buildings and facilities built according to the plan shall not change the nature of use except in special circumstances and with the consent of the owners' congress or the owners' congress and the approval of the relevant administrative departments.

Fortieth no unit or individual may occupy public roads and venues within the property management area. If it is necessary to temporarily occupy or dig roads or sites due to property maintenance or public interests, it shall obtain the consent of the relevant owners and restore the original state within the agreed time limit. If losses are caused, compensation shall be made.

In addition to public security, fire fighting, emergency rescue, ambulance, sanitation and other special vehicles, management matters such as motor vehicle driving and parking in the property management area are decided by the owners' congress or the owners' congress.

Article 41 Where business facilities are set up by using * * * parts of the property and * * equipment and facilities jointly owned by the owners, relevant procedures shall be handled according to law after obtaining the written consent of the relevant owners, owners' congress or owners' congress and property management enterprises. The owner's income is mainly used to increase the maintenance fund; Upon the decision of the owners' congress or the owners' congress, it can be used to supplement the property management funds or improve the public environment and increase equipment and facilities.

Chapter VI Property Maintenance

Forty-second property management regional owners' congress or owners' congress is established, the property maintenance fund shall be established.

Property maintenance funds include public maintenance funds and individual residential maintenance funds within the property management area. Public maintenance funds are used for the maintenance and renewal of public facilities, equipment, venues and houses beyond the warranty period and warranty scope in the property management area; Personal residential maintenance funds are used for the maintenance and renewal of residential parts, facilities and equipment beyond the warranty period and scope. The public maintenance fund belongs to all owners in the property management area, and the housing maintenance fund belongs to all owners of single buildings. Property maintenance funds shall be shared by the owners according to the construction area, and the collection and use methods shall be decided by the owners' congress or the owners' congress.

Forty-third property maintenance funds according to different types of special accounts, respectively, according to the building household settlement.

Property maintenance and renovation projects and their expenditure budgets shall be put forward by property management enterprises and subject to the supervision of owners and owners' committees.

Property management companies shall publish the budget and actual use of property maintenance funds once every six months, and accept the supervision of owners and owners' committees.

Forty-fourth each house * * * parts and * * * equipment maintenance, update costs, charged in the self-owned housing maintenance funds, the insufficient part by the owners of the whole house in accordance with the proportion of the construction area of their own houses.

Maintenance of public facilities. The renewal fee shall be charged in the public maintenance fund, and the insufficient part shall be borne by all owners in the property management area according to the proportion of their own housing construction area.

Forty-fifth houses occupied parts and equipment maintenance, update costs, borne by the owners.

If the * * * second-hand parts, * * second-hand equipment and public * * * facilities of the property are artificially damaged, the maintenance and updating expenses shall be borne by the responsible person.

When the property is seriously damaged, which affects the safety of the owners and users, the property management administrative department shall urge the maintenance within a time limit.

Forty-sixth property * * * parts, * * equipment maintenance, adjacent owners and users should cooperate.

Chapter VII Legal Liability

Article 47 If the owner or user fails to pay the property management service fee or maintenance fund as agreed in the previous property management service agreement or property management service contract, the property management enterprise may impose a late payment fee of three thousandths of the payable fee on a daily basis or impose a late payment fee as agreed.

Forty-eighth owners' congress or the decision made by the owners' congress violates these regulations or infringes on public interests, the property management administrative department shall order it to correct or cancel its decision within a time limit and notify all owners.

If the owners' committee conducts activities or fails to perform its duties in violation of these regulations, the property management administrative department may order it to stop its activities and carry out rectification until it is dissolved and re-elected. During the dissolution of the owners' committee, the property management administrative department may temporarily designate the owners or property management enterprises to be responsible for the daily management of the property.

Forty-ninth new property construction units in violation of these regulations, did not hire property management companies to undertake property management services, or use * * * part of the property. * * * If the ownership and use right of equipment and public facilities are transferred separately, the property management administrative department shall order it to make corrections within a time limit and may impose a fine of 10000 yuan to 50000 yuan.

Fiftieth owners use and maintain the property in violation of these regulations. Maintenance regulations, shall be given a warning by the property management administrative department at or above the county level, and shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 100 yuan and less than 1000 yuan may be imposed; If property losses are caused to other owners, they shall be responsible for compensation.

If it interferes with the maintenance of the parts or equipment used by the property and causes property losses to other owners and users, the responsible person shall be responsible for compensation.

Fifty-first property management enterprises in violation of these regulations, shall be punished in accordance with the following provisions:

(a) engaged in property management services without obtaining the property management qualification certificate, the property administrative department at or above the county level shall order it to make corrections within a time limit, confiscate the illegal income, and may impose a fine of 30,000 yuan to 65,438 yuan;

(2) If the property environment deteriorates due to poor management of * * * parts, * * equipment and public * * * facilities, the property management administrative department at or above the county level shall give a warning, lower the qualification level or revoke the qualification certificate according to the circumstances, and may also impose a fine of 1000 yuan to 30,000 yuan.

Those who violate the previous property management service contract or the property management service contract shall bear corresponding civil liabilities.

Article 52 If any staff member of the property management administrative department neglects his duty, abuses his power or engages in malpractices for selfish ends, he shall be given administrative sanctions by his unit or higher authorities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

The fifty-third of this Ordinance since July 6, 2006.

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