Chapter V of Hainan Special Economic Zone Property Management Regulations

If the owners' committee with legal responsibility violates the provisions of Article 16 of these regulations and exercises its functions beyond the provisions, the property management department of the people's government at or above the county level shall order it to make corrections within a time limit and give a warning.

The owners' committee, in violation of the provisions of Article 20 of these regulations, fails to submit relevant materials for the record on time, or the relevant matters have changed and have not been re-submitted for the record, and the property management department of the people's government at or above the county level shall order it to make corrections within a time limit and give it a warning; If no correction is made within the time limit, a fine of more than 3000 yuan 1000 yuan will be imposed.

If a warning is given in accordance with the provisions of the preceding two paragraphs, it shall be announced in a prominent position in the property management area. Property service enterprises that violate the provisions of Article 34 of these regulations shall be punished in accordance with the following provisions:

(a) engaged in property services without obtaining the qualification certificate; Or employ people who have not obtained professional qualification certificates to engage in property service activities, the property management department of the people's government at or above the county level shall confiscate the illegal income and impose a fine of 50,000 yuan to 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law;

(II) If the qualification certificate is transferred by means of leasing, linking or lending, or the qualification certificate of the realty service enterprise or the professional qualification certificate of the management personnel is transferred in disguise, the property management department of the people's government at or above the county level shall confiscate the illegal income and impose a fine of 50,000 yuan to 654.38 million yuan; If the circumstances are serious, the qualification level shall be lowered or the qualification certificate shall be revoked; If losses are caused to the owners, they shall be liable for compensation according to law. Property service enterprises in violation of the provisions of this Ordinance, one of the following acts, the property management department of the people's government at or above the county level shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 3000 yuan but not more than 5000 yuan shall be imposed:

(a) in violation of the provisions of the third paragraph of article thirty-sixth, the effective property service contract is not submitted for the record on time and announced to the owners in a prominent position in the property management area;

(two) in violation of the provisions of the third paragraph of article thirty-ninth, not to the owners, property users announced the property service charges;

(three) in violation of the provisions of the third paragraph of article forty-third, the relevant information is not submitted to the local people's government real estate management department for the record;

(four) in violation of the provisions of the second paragraph of article forty-fourth, did not report to the local people's government real estate management department.

In violation of the provisions of the first paragraph of Article 39 of these regulations, the realty service enterprise fails to report the property charging standard to the competent price department of the local people's government for the record, and the competent price department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 3,000 yuan but not more than 5,000 yuan shall be imposed.

Where a realty service enterprise violates the provisions of the fourth paragraph of Article 39 and the second paragraph of Article 53 and the stipulations of the realty service contract, and charges repeatedly, exceeds the standard, adds fees or increases the charging items or expands the charging scope without authorization, the competent price department of the people's government at or above the county level shall order it to make corrections within a time limit and give it a warning; If no correction is made within the time limit, the illegal income shall be confiscated and a fine of more than 2 times the illegal income 1 shall be imposed.

If the owners' committee violates the provisions of the third paragraph of article 39 and fails to announce the items and standards of property service fees to the owners and property users, the competent price department of the people's government at or above the county level shall order it to make corrections within a time limit.

If the owners' committee makes a decision beyond its authority, or makes a decision unrelated to the property management within the property management area, the members of the owners' committee who agree to make the decision shall bear corresponding legal responsibilities. If the construction unit or the owner, in violation of the third paragraph of Article 50 of these regulations, sells the parking spaces and garages to others other than the owners of the property management area, the property management department of the people's government at or above the county level shall order it to make corrections within a time limit; Refuses to make corrections within the time limit, the illegal income shall be confiscated and a fine of 0+65438 times of the illegal income shall be imposed.

If the construction unit violates the provisions of the fourth paragraph of Article 50 of these regulations and only sells parking spaces and garages, the property management department of the people's government at or above the county level shall order it to make corrections within a time limit; Those who refuse to make corrections within the time limit shall be fined between 50,000 yuan and 654.38+10,000 yuan.

If the construction unit violates the provisions of the second paragraph of Article 50 of these regulations and fails to recover the parking spaces and garages temporarily rented by units and individuals other than the owners and property users, the property management department of the people's government at or above the county level shall order it to make corrections within a time limit; If it refuses to make corrections within the time limit, the illegal income shall be confiscated, and a fine of more than 1000 yuan and less than 1000 yuan shall be imposed.

In violation of the provisions of the second paragraph of Article 51 of these regulations, parking vehicles in the residential property management area affects the normal passage of other vehicles and pedestrians, the property management administrative department of the people's government at or above the county level shall give it a warning or impose a fine of not less than 50 yuan but not more than 500 yuan.

Whoever, in violation of the provisions of the third paragraph of Article 51 of these regulations, parks engineering vehicles and large and medium-sized passenger and freight vehicles within the residential property management area shall be given a warning by the property management department of the people's government at or above the county level, or be fined not less than 5,000 yuan from 500 yuan.

If a realty service enterprise violates the provisions of the fifth paragraph of Article 51 of these regulations and fails to perform the duties of vehicle management, the property management administrative department of the people's government at or above the county level may give a warning or impose a fine of 1000 yuan to 30000 yuan; If the circumstances are serious, the qualification level shall be lowered or the qualification certificate shall be revoked. Owners, property users, owners' committees, construction units and property service enterprises may apply for mediation to the property management departments and relevant departments of the people's governments at or above the county level, or apply for arbitration or bring a lawsuit to the people's court according to law.

If a party refuses to accept the administrative punishment, it may apply for reconsideration or bring a lawsuit to the people's court according to law. Relevant technical terms in this Ordinance:

(1) Proprietary parts refer to specific spaces such as houses (including the whole building), parking spaces, booths, terraces, etc., which are planned to belong to specific houses when the construction unit sells them and have been included in specific house sales contracts as planned. It is structurally independent and can be clearly distinguished; Independent use, can be used exclusively; Can be registered as the object of the ownership of a specific owner.

(2) Self-use parts refer to the bedroom, living room, kitchen, bathroom, balcony, garden, indoor walls, ceiling, floor and other parts in the house purchased by the owner;

(3) Self-use facilities and equipment refer to the doors and windows, sanitary ware, water supply, drainage, gas pipelines, wires and other facilities and equipment in the house purchased by the owners for their own use;

(4) * * Use parts refer to foyer, stairwell, corridor, patio, load-bearing structure (including foundation, load-bearing wall, beam, column, roof, etc. ), the outdoor wall and other parts of the house used by the house owner;

(5) Facilities and equipment used in * * * refer to sewer pipes, downpipes, water tanks, pressurized pumps, elevators, antennas, power supply lines, lighting, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells and non-operating facilities used in the property area or in a single house, and their construction costs have been allocated to the sales price of the house.

The exclusive area, total construction area and the number of owners who decide the number of owners' voting rights are determined according to the following methods:

(a) the exclusive area is calculated according to the area recorded in the real estate register; If the property right registration has not been carried out, it shall be temporarily calculated according to the measured area of surveying and mapping institutions; Not yet measured, temporarily calculated according to the area recorded in the housing sales contract;

(two) the total construction area is calculated according to the statistical sum mentioned in the preceding paragraph;

(three) the number of owners, according to the number of proprietary parts, a proprietary part is calculated by one person. However, if the same buyer owns more than one exclusive part of the part that has not been sold by the construction unit and has been sold but not delivered, it shall be counted as one person. These Regulations shall come into force as of 20111. The Regulations of Hainan Province on Residential Property Management shall be abolished at the same time. Inconsistent with these provisions, these provisions shall prevail.