The full text of "Xingtai City Property Management Measures"

The full text of "Xingtai City Property Management Measures"

The "measures" of Xingtai city property management have been adopted at the 5 1 executive meeting of the municipal government on March 3, 2007, and are hereby promulgated and shall come into force as of May 1 day.

Mayor of Jiang Deguo

April 2(nd), 2007

Measures of Xingtai Municipality on Property Management

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property management enterprises, and improve the living and working environment of the people, these Measures are formulated in accordance with the provisions of the "Regulations on Property Management" of the State Council and other relevant laws and regulations, and combined with the actual situation of this Municipality.

Article 2 These Measures shall apply to the use, management and supervision of properties within the administrative area of this Municipality.

Article 3 The term "owner" as mentioned in these Measures refers to the owner of the house.

The term "property" as mentioned in these Measures refers to houses, supporting facilities, equipment and related venues.

The term "property management" as mentioned in these Measures refers to the activities that the owners maintain, conserve and manage the property by hiring property management companies, and the owners and property management companies maintain the environmental sanitation and order in the relevant areas in accordance with the property service contract.

Fourth city real estate administrative departments responsible for the supervision and management of the city's property management activities.

County (city, district) real estate administrative departments responsible for the daily supervision and management of property management activities within their respective administrative areas.

Street offices (Township People's governments) are responsible for coordinating the relationship between property management and community construction within their respective administrative areas.

Construction, planning, price, urban management, radio and television, public security, environmental protection, power supply, heating, water supply, gas supply and other relevant departments and units, in accordance with their respective responsibilities to implement these measures.

Fifth owners in property management activities, enjoy the following rights:

(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to elect the owners' representatives and enjoy the right to be elected;

(seven) to entrust an agent to attend the owners' meeting;

(eight) to supervise the work of the owners' committee;

(nine) to supervise the property management enterprises to perform the property service contract;

(10) has the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(eleven) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(twelve) other rights stipulated by laws and regulations.

Article 6 Owners shall perform the following obligations in property management activities:

(a) abide by the owners' convention and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Article 7 The division of property management areas mainly considers the following factors:

(a) the owners use power supply, heating, water supply, gas supply and other facilities and equipment; (2) the scale of the building;

(3) Belonging to a natural or closed community;

(4) generally adapt to community neighborhood committees.

Article 8 Before the house is pre-sold, the construction unit shall apply to the real estate administrative department where the house is located for the division of property management areas, and the real estate administrative department shall be responsible for organizing and implementing the division of property management areas.

All the owners of the first property management area in Kujou Hajime form the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

In a property management area, the building area of houses sold and delivered for use reaches more than 50%, or the first house is sold and delivered for use for two years, the owners' meeting shall be established and the first owners' meeting shall be held.

Article 10 If the property management area meets one of the conditions listed in the third paragraph of Article 9, the construction unit shall report in writing to the real estate administrative department, subdistrict office and residents' committee where the property is located. If the construction unit fails to report in time, the owner may submit a written request for the establishment of the owners' meeting to the real estate administrative department, neighborhood office and residents' committee where the property is located.

After receiving the written report of the construction unit or the written request of the owners, the real estate administrative department shall organize the owners to recommend the owners' representatives together with the sub-district offices (township people's governments) and set up the preparatory group for the owners' meeting.

Article 11 Owners preparing for the establishment of the owners' meeting shall be under the guidance of the real estate administrative department where the property is located, organized by neighborhood offices and residents' committees, and the preparatory group for the owners' meeting attended by representatives of neighborhood offices, public security police stations, residents' committees and construction units (public housing sales units) shall be responsible for the preparations for the owners' meeting.

The preparatory group shall, within 30 days from the date of its formation, organize the owners to hold the first meeting of the owners' assembly under the guidance of the real estate administrative department where the property is located, and elect the owners' committee.

Twelfth residential property owners more than two hundred people (including two hundred people), according to the building, unit, floor, etc. Elect representatives to participate in the owners' meeting in units.

Thirteenth owners' voting rights at the first owners' meeting shall meet the following requirements:

(a) residential property according to the number of sets to determine the number of voting rights, each set of one vote;

(2) The number of voting rights is determined according to the construction area of non-residential property, with one vote per 100 square meter, one vote for less than 100 square meter, one vote for more than 100 square meter and one vote for less than 100 square meter;

(3) The voting rights of a single owner shall not exceed 30% of the total voting rights, and the remaining voting rights shall be shared with other owners in proportion to the total voting rights of other owners;

(four) the property owned by all owners according to law, regardless of the number of people with voting rights.

Article 14 The owners' congress shall perform the following duties:

(a) to formulate and amend the owners' convention and the rules of procedure of the owners' congress;

(two) to elect and replace the members of the owners' committee and supervise the work of the owners' committee;

(three) the selection and dismissal of property management companies;

(four) to decide on the use and renewal of special maintenance funds, and supervise the implementation;

(five) to decide on the plan for raising, managing and using the working funds of the owners' congress and the owners' committee;

(six) to formulate and modify the rules and regulations on the use of * * * parts and * * * facilities, public order and environmental sanitation maintenance, security and other aspects in the property management area;

(seven) other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Fifteenth owners' meeting can be in the form of collective discussion, but also in the form of written comments, but there should be owners who hold more than half of the voting rights in the property management area to attend.

The decision made by the owners' meeting must be passed by more than half of the voting rights held by the owners present at the meeting. The decision of the owners' congress to formulate and amend the owners' convention, the rules of procedure of the owners' congress, the selection and dismissal of property management enterprises, and the use and renewal scheme of special maintenance funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area.

The decision of the owners' meeting is binding on all owners in the property management area.

Sixteenth meetings of the owners' congress are divided into regular meetings and temporary meetings.

Regular meetings of the owners' congress shall be held in accordance with the rules of procedure of the owners' congress. Upon the proposal of more than 20% of the owners, or if a major accident or emergency needs to be dealt with in time, the owners' committee shall organize an interim meeting of the owners' congress.

Seventeenth owners' meeting, it shall notify all owners fifteen days before the meeting.

The meeting of the owners' assembly of residential quarters shall notify the relevant residents' committees at the same time.

The owners' committee shall keep the minutes of the owners' meeting.

Eighteenth owners' committee is the executive body of the owners' congress, and performs the following duties:

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

(two) on behalf of the owners and property management companies selected by the owners' congress to sign a property service contract;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property management enterprises to perform the property service contract;

(four) to supervise the implementation of the owners' convention;

(five) other duties entrusted by the owners' congress.

Nineteenth owners' committee shall, within thirty days from the date of election, file with the real estate administrative department where the property is located, and provide the following information:

(a) the establishment of the owners' committee for the record;

(two) the basic situation of the property;

(three) the list of members of the owners' committee and the basic information;

(four) the owners' convention and the rules of procedure of the owners' congress;

(five) the resolution of the owners' meeting (with the list of owners and voting rights);

(6) Other information as prescribed by laws and regulations.

In case of any change in the relevant matters filed by the owners' committee, it shall be re-filed in accordance with the provisions of the preceding paragraph.

Article 20 After filing with the real estate administrative department, the owners' committee shall apply to the public security department for engraving the seals of the owners' congress and the owners' committee on the basis of the letter of introduction for engraving seals issued by the real estate administrative department.

Twenty-first members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability.

The number of members of the owners' committee shall not be less than five, which shall be odd, and the specific number shall be decided by the owners' congress.

The owners' committee shall hold the first meeting of the owners' committee within three days from the date of election, and recommend one chairman and one to two deputy directors of the owners' committee.

Article 22 The owners' convention shall stipulate the use, maintenance and management of the property, the interests of the owners, and the responsibilities that should be borne in violation of the convention.

The owners' convention is binding on all owners.

Twenty-third the rules of procedure of the owners' congress shall stipulate the way of discussion, voting procedures, the method of determining the voting rights of owners, the composition of the owners' committee and the term of office of members.

Twenty-fourth owners' congress and owners' committee shall perform their duties according to law, and shall not make decisions or engage in activities unrelated to property management.

If the decision made by the owners' congress or the owners' committee violates laws and regulations, the real estate administrative department where the property is located shall order it to correct or revoke its decision within a time limit and notify all owners.

Twenty-fifth owners' congress and owners' committee shall cooperate with public security organs and residents' committees to do a good job in maintaining social order in the property management area.

In the property management area, the owners' congress and the owners' committee shall actively cooperate with the relevant residents' committees to perform their autonomous management duties according to law, support the residents' committees to carry out their work, and accept their guidance and supervision.

The decisions made by the owners' assembly and the owners' committee of residential quarters shall inform the relevant residents' committees and listen carefully to the opinions of the residents' committees.

Twenty-sixth owners' meeting, the owners' committee to carry out the work of funds, should be regularly published in written form in the property management area, accept the supervision of the owners.

Article 27 A residential project construction unit shall formulate a property management plan before the commencement of construction, clearly select and employ property management enterprises for management, establish a special maintenance fund system, allocate property management office buildings and business buildings, and the contents, standards and expenses of early property management, and report to the local real estate administrative department for the record.

Twenty-eighth in the owners' meeting, the owners' meeting hiring property management companies, the construction unit hiring property management companies, should sign a written preliminary property service contract.

Article 29 The construction unit shall formulate a temporary owners' convention before the sale of the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear if they violate the convention.

Thirtieth the construction unit shall, before the sale of the property, express the temporary convention of the owners to the property buyer and explain it. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

Thirty-first residential property construction units shall employ property management enterprises with corresponding qualifications through bidding to implement preliminary property management. However, if there are less than three bidders or the residential construction area is less than 30,000 square meters, with the approval of the real estate administrative department where the property is located, a property management enterprise with corresponding qualifications can be selected by agreement.

City, county (city) real estate administrative departments responsible for the supervision and management of property management bidding activities within their respective administrative areas.

Thirty-second through the tender selection of early property management enterprises, the construction unit shall complete the bidding work in accordance with the following time limit:

(a) new commercial housing projects should be within 30 days before the sale;

(two) before the pre-sale of commercial housing projects, the "Pre-sale Permit for Commercial Housing" should be obtained;

(three) new property projects that are not for sale shall be delivered for use within ninety days before use.

Article 33 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Thirty-fourth prophase realty service contract may stipulate the time limit. However, if the realty service contract signed by the owners' committee and the realty management enterprise takes effect before the expiration of the term, the previous realty service contract shall be terminated.

Thirty-fifth owners shall not dispose of the ownership or use right of the property parts, facilities and equipment they enjoy according to law. When a property management enterprise undertakes a property, it shall inspect the parts and facilities of the property.

Thirty-sixth in the property acceptance procedures, the construction unit shall hand over the following information to the property management enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(three) property quality warranty documents and property use documents;

(four) other information required for property management.

When the prophase realty service contract is terminated, the realty management enterprise shall hand over the above information to the owners' committee.

Thirty-seventh construction units should be in accordance with the proportion of three thousandths of the total construction area of the property management area (less than fifty square meters, calculated at fifty square meters), in the property management area, the allocation of property management office space. Property management office buildings should be suitable for office use, and basements, garages and other houses are not allowed. Property management houses belong to all owners and are used by property management enterprises. Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house.

Thirty-eighth construction units shall, in accordance with the warranty period and scope stipulated by the state, undertake the warranty responsibility of the property.

Thirty-ninth personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the state.

Fortieth enterprises engaged in property management activities should have independent legal personality, hold property management qualification certificates issued by the qualification examination and approval departments at or above the municipal level, and carry out property management activities.

Foreign property management enterprises to enter the city to engage in property management activities, need to hold property management enterprise qualification certificate and other relevant legal and valid documents, to the city real estate administrative departments for registration.

Article 41 A property management area is managed by a property management enterprise.

Article 42 The owners' committee shall sign a written property service contract with the property management enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, commercial premises, contract term, liability for breach of contract, etc.

The property management enterprise shall, within thirty days from the effective date of the property service contract, report the property service contract to the real estate administrative department where the property is located for the record.

If one party does not intend to renew the realty service contract upon its expiration, it shall notify the other party within 60 days before the expiration of the contract.

Forty-third property management companies to undertake property, should cooperate with the owners' committee for property acceptance procedures. The owners' committee shall hand over the materials specified in the first paragraph of Article 36 of these Measures to the property management enterprise.

When the realty service contract is terminated, the realty management enterprise shall return the realty management house and the materials listed in the preceding paragraph to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty management enterprise, the realty management enterprise shall do a good job of handover.

Forty-fourth property management companies should provide corresponding services in accordance with the provisions of the property service contract.

If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

Article 45 A property management enterprise may entrust the special service business within the property management area to a professional service enterprise, but it shall not entrust all the property management within the area to others.

Forty-sixth property service charges shall be implemented in accordance with the "Xingtai City Property Service Charge Management Implementation Measures". The price departments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision and management of property service charges.

Forty-seventh owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

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

Forty-eighth units of water supply, power supply, gas supply, heating, communications, cable television and other units within the property management area shall directly charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it shall not charge the owners any additional fees such as handling fees.

Forty-ninth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property management companies should be stopped, and timely report to the relevant departments.

After receiving the report from the property management enterprise, the relevant administrative departments shall stop the illegal acts or deal with them according to law.

Fiftieth property management enterprises should assist in the security work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner.

Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel.

Article 51 The rights and obligations of property users in property management activities shall be agreed by the owners and users, but they shall not violate the relevant provisions of laws, regulations and the owners' convention. Property users who violate these measures and the provisions of the owners' convention shall be jointly and severally liable.

Fifty-second public buildings and facilities built in accordance with the planning within the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the use of public buildings and facilities, it shall submit it to the owners' meeting for approval, and the owners shall go through the relevant formalities according to law.

Fifty-third owners and property management enterprises shall not occupy or dig roads and sites within the property management area, which will harm the interests of owners.

Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the property management enterprise; If a property management enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

Owners and property management companies shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Fifty-fourth water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of related pipelines and facilities except valves or household meters in the property management area.

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.

Fifty-fifth owners need to decorate the house, it should be signed with the property management company before the renovation service agreement. The property management company shall inform the owners of the prohibited acts and matters needing attention in the house decoration in the agreement.

The interior decoration management service agreement signed by the owner and the property management enterprise shall comply with the relevant provisions.

Article 56 The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with the single structure of residential buildings shall pay special maintenance funds in accordance with relevant state regulations.

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

Specific measures for the management of special maintenance funds shall be implemented in accordance with relevant regulations.

Article 57 Where a property uses * * * parts and * * * facilities and equipment for business operation, it shall go through the relevant procedures in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property management enterprises, and the proceeds from the owners shall be mainly used to supplement special maintenance funds, or used according to the decision of the owners' congress.

Fifty-eighth property security risks, endangering public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintenance, the relevant owners should cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property management enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.

Fifty-ninth real estate administrative departments should establish and improve the complaint reporting system, publish the complaint reporting telephone number, check and handle the complaint reporting content in time after accepting the complaint reporting, and inform the complainant of the verification results.

Sixtieth in violation of these measures, administrative punishment shall be given by the real estate administrative department. If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) if the construction unit fails to report the situation that the property management area meets the conditions for the establishment of the owners' congress in writing to the real estate administrative department where the property is located, it shall be ordered to make corrections within a time limit.

(II) If a residential property construction unit fails to select a property management enterprise through bidding or selects a property management enterprise through agreement without approval, it shall be ordered to make corrections within a time limit, given a warning and may be fined100,000 yuan.

(3) If the construction unit arbitrarily disposes of the ownership or use right of the parts, facilities and equipment of the property belonging to the owner, it shall be fined between 50,000 yuan and 200,000 yuan, and if losses are caused to the owner, it shall be liable for compensation according to law.

(four) the construction unit, property management companies do not hand over the relevant information, shall be ordered to make corrections within a time limit, overdue still do not hand over the relevant information, to be informed, at more than ten thousand yuan to one hundred thousand yuan fine.

(five) without obtaining the qualification certificate or obtaining the qualification certificate by deception to engage in property management, the illegal income shall be confiscated and a fine of 50 thousand yuan to 200 thousand yuan shall be imposed; The qualification certificate obtained by deception shall also be revoked; If losses are caused to the owners, they shall be liable for compensation according to law.

(six) property management enterprises engaged in property management activities without obtaining the professional qualification certificate of property management personnel, shall be ordered to stop the illegal behavior, and impose a fine of fifty thousand yuan and two hundred thousand yuan; If losses are caused to the owners, they shall be liable for compensation according to law.

(7) If a property management enterprise entrusts all property management within a property management area to others, it shall be ordered to make corrections within a time limit and be fined between 30% and 50% of the entrusted contract price; If the circumstances are serious, the qualification certificate shall be revoked. The entrusted income is used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest is used according to the decision of the owners' meeting; If losses are caused to the owners, they shall be liable for compensation according to law.

(eight) misappropriation of special maintenance funds, to recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than twice the amount of misappropriation; Property management companies misappropriate special maintenance funds, and if the circumstances are serious, their qualification certificates shall be revoked; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.

(nine) the construction unit in the property management area is not in accordance with the provisions of the allocation of the necessary property management space, shall be ordered to make corrections within a time limit, given a warning, confiscate the illegal income, and impose a fine of one hundred thousand yuan to five hundred thousand yuan.

(ten) without the consent of the owners' meeting, the property management enterprise arbitrarily changes the purpose of the property management house, and shall be ordered to make corrections within a time limit, give a warning and impose a fine of not less than ten thousand yuan but not more than one hundred thousand yuan; If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.

(eleven) unauthorized changes in the use of public buildings and facilities planned and constructed within the property management area, occupation and excavation of roads and sites within the property management area, damage to the interests of the owners, unauthorized use of parts and facilities of the property, shall be ordered to make corrections within a time limit, given a warning and imposed a fine of more than 1000 yuan but less than 10000 yuan; A fine of not less than fifty thousand yuan but not more than two hundred thousand yuan; The proceeds will be used for the repair and maintenance of * * * parts and * * * facilities and equipment in the property management area, and the rest will be used according to the decision of the owners' meeting.

Sixty-first violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Sixty-second owners in the name of the owners' congress or owners' committee, engaged in activities that violate laws and regulations, 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 penalties for public security according to law.

Article 63 If a party refuses to accept the decision on administrative punishment, he may, within 60 days from the date of receiving the decision on administrative punishment, apply to the competent department at the next higher level or the people's government at the same level for administrative reconsideration; You can also bring an administrative lawsuit directly to the people's court within three months.

Article 64 If a staff member of the real estate administrative department or other relevant administrative departments takes advantage of his position, accepts property or other benefits from others, fails to perform supervision and management duties according to law, or fails to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Article 65 These Measures shall come into force as of May 6, 2007. The Interim Measures for Property Management of Urban Residential Areas in Xingtai promulgated in June 65438+1October 65438+July 2000 shall be abolished at the same time.

More articles on urban property management regulations:

1. Baoji property management regulations

2. The latest version of Zhengzhou property management regulations.

3. The latest version of Shenyang Property Management Regulations.

4. The full text of Harbin property management regulations

5. The full text of Shijiazhuang property management regulations

6. Wuhan Property Management Regulations 20 17

7.20 17 Latest Edition of Nanjing Property Management Regulations

8. Full text of Wuxi property management regulations

9. The latest version of Chongqing Property Management Regulations.

10.20 17 full text of Hangzhou property management regulations

;