Chapter IV Property Service Enterprises

Thirty-fifth enterprises engaged in property services activities should have independent legal personality. Personnel engaged in property management services shall be trained and assessed by the property management administrative department, and post certificates and job certificates shall be issued.

City Property Management Association shall strengthen the self-discipline supervision of property service enterprises and property service personnel, and establish a credit file and risk early warning announcement system.

Thirty-sixth property service enterprises must obtain the qualification of property service enterprises in accordance with the law, and register to engage in property management services in accordance with the approved qualification.

The realty service enterprise shall not transfer or rent, link or lend the realty service enterprise qualification certificate in disguised form.

The realty service enterprise shall accept the guidance and supervision of the realty management association.

Article 37 A realty service enterprise may, according to the realty service contract, employ a professional institution to undertake special services such as maintenance, cleaning and sanitation, landscaping and engineering construction. Responsible for the supervision and management of mechanical and electrical facilities in the property service area. However, all property management in this area shall not be entrusted or transferred to other units or individuals.

Article 38 A realty service enterprise shall enjoy the following rights:

(a) in accordance with the relevant provisions and property management service contracts, formulate property management service systems and measures;

(two) in accordance with the property management service contract to collect property services;

(three) to stop the illegal acts in the property management area;

(four) causing property losses, on behalf of the owners to ask the responsible person for compensation;

(five) other rights stipulated by laws, regulations and rules.

The realty service enterprise shall perform the following obligations:

(a) to perform the property management service contract and provide property management services;

(two) regularly publish the property service fee and the maintenance fee of XXX parts, XXX facilities and equipment;

(three) accept the supervision of the owners, owners' congress, owners' congress and owners' committee;

(four) accept the supervision and guidance of the administrative department of property management;

(five) other obligations stipulated by laws, regulations and rules.

Thirty-ninth property services companies do not bear the personal safety responsibility of owners and users. Owners, users and property service enterprises may agree on property custody matters.

Chapter V Property Management Services

Fortieth property management areas shall be provided with property management services by property service enterprises. If the owners' congress or the owners' congress decides to replace the realty service enterprise, it may select a new realty service enterprise through bidding.

Article 41 Where a realty service enterprise is entrusted to engage in realty management services, the decision of the owners' congress or the owners' congress shall be implemented, and the owners' committee shall sign a realty management service contract with the realty service enterprise.

Property management service contracts should generally include the following main contents:

(a) the names of the owners' committee and the service enterprise;

(two) the scope of the property management service area;

(three) the content of property management services;

(four) property management service standards;

(5) Property management service fees;

(six) the duration of the property management service contract;

(7) Liability for breach of contract;

(eight) the conditions for the termination of the property management service contract;

(9) Other matters agreed by both parties.

The term of the property management service contract is generally 3 years.

When a realty service enterprise takes over a realty project, it shall, within 5 days from the date of signing the realty management service contract, report the realty project to the city or county real estate administrative department where the realty project is located for the record.

Article 42 A realty service enterprise may provide special services other than those stipulated in the realty management service contract upon the entrustment of the owners or users, and the service remuneration shall be agreed upon by both parties.

Property service enterprises can accept the entrustment of professional service departments such as water supply, power supply, heating, communication, cable TV, etc. to maintain professional facilities in the property management area and collect relevant fees on their behalf. The realty service enterprise shall accept the maintenance or collection fees, and shall not charge the owners any additional fees such as handling fees.

Forty-third property management service charges should follow the principles of rationality, openness and property management service contract and service quality.

According to the nature and characteristics of different properties, property service charges are subject to government-guided prices and market-regulated prices respectively. The comprehensive property management services and parking charges of ordinary houses managed by property enterprises are subject to government-guided prices, while other services and properties in villas and non-residential areas are subject to market-regulated prices.

Where government-guided prices are implemented, according to the principle of territorial management, the price departments of the municipal and county governments shall, jointly with the real estate administrative departments, determine the service items, comprehensively consider factors such as the quality of property services and hardware supporting facilities, supervise and examine the service costs, take into account the affordability of the owners, and reasonably formulate the government-guided price standard and floating range.

Property services with market-regulated prices shall be agreed by the owners and property management companies in the property service contract.

Article 44 If the owner and the user agree that the user shall pay the property service fee, such agreement shall prevail, but the owner shall be jointly and severally liable.

Forty-fifth property management area unsold vacant housing property services, paid by real estate development enterprises; The property service fee for the vacant house after purchase shall be paid by the owner from the delivery date agreed in the purchase contract.

Forty-sixth three months before the expiration of the property management service contract, the owners' congress or the owners' congress and the property service enterprise shall negotiate the renewal. After the renewal, re-sign the property management service contract; If the employment is not renewed, the owners' congress or owners' congress shall hire a new realty service enterprise, and the original realty service enterprise shall handle the following handover matters with the new realty service enterprise under the supervision of the owners' committee:

(1) Transfer the property service fee received in advance according to the facts after settlement;

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

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

(four) other matters that should be handed over.

Forty-seventh property management services should keep the property in good condition, clean environment and good public order, and ensure the convenience and safety of the property. Property service enterprises shall implement property management services in accordance with the following requirements:

(a) in accordance with the technical standards and norms stipulated by the state and this Municipality and the annual plan of property management services decided by the owners' congress or the owners' congress, the implementation of property management services;

(two) before the owners and users use the property, they shall inform the owners and users in writing of the methods, requirements, precautions and relevant regulations for using and maintaining the parts, facilities and equipment of the property;

(three) to conduct a comprehensive patrol and inspection of the property management service area, and regularly repair and maintain the parts, facilities and equipment used by * * * *;

(four) found that * * * parts, * * facilities and equipment damage, immediately take protective measures for maintenance;

(five) after receiving the bad property, repair, maintenance and disposal within a time limit;

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

(seven) found in violation of these measures or management regulations, immediately discourage and stop, and report to the owners' committee and the relevant administrative departments;

(eight) in accordance with the provisions of the property management service contract, do a good job in other property management services entrusted by the owners' congress or the owners' congress, the owners and users.

Forty-eighth property service enterprises shall submit quarterly and annual statistical tables and other relevant statistical data to the municipal competent department.

Chapter VI Use and Maintenance of Property

Forty-ninth the implementation of new residential property warranty supervision system. The supervision of warranty funds follows the principles of unified storage, unchanged ownership, earmarking and government supervision. The specific supervision measures shall be formulated by the municipal real estate administrative department and implemented after being approved by the municipal government.

Fiftieth after the expiration of the warranty period stipulated by the state, the self-use part of the property shall be maintained by the owners themselves; * * * parts and * * * facilities and equipment shall be repaired and maintained by the property service enterprise, and the expenses shall be borne by all owners. In case of any situation that endangers safety, affects appearance, infringes on public interests or affects other normal use, the relevant responsible person shall promptly repair it, and the relevant owners shall cooperate.

When the realty service enterprise repairs and maintains the parts, facilities and equipment used by the property, the relevant owners and users shall cooperate.

If property losses or property losses are caused, the responsible person shall be liable for repair or compensation.

Article 51 Owners shall abide by laws, regulations and the relevant provisions of the municipal government when using the property, and correctly handle the adjacent relations in terms of water supply, drainage, ventilation, lighting, roads, maintenance, decoration, environmental sanitation and environmental protection in accordance with the principles conducive to the use, safety and fairness of the property.

Fifty-second owners should abide by the following provisions when using the property:

(a) shall not dismantle the load-bearing structure of the house without authorization, damage the appearance and use;

(two) shall not occupy or damage * * * parts, * * equipment or portable * * * equipment and facilities;

(three) shall not be installed to affect the surrounding environment and housing structure of power equipment;

(four) shall not illegally build buildings and structures;

(five) not in the public * * * land, corridors, stairs, roof debris piled up;

(six) shall not pile up and discharge flammable, explosive and toxic and harmful substances;

(seven) shall not occupy the green space and destroy the greening equipment;

(eight) shall not set up stalls, hanging, posting, scribbling, depicting and dumping garbage at will;

(nine) shall not use the property to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others;

(ten) shall not keep poultry and pets in the property management area;

(eleven) other prohibited acts stipulated by laws, regulations and rules or the municipal government.

Fifty-third owners or users should inform the realty service enterprise before decorating the house. The realty service enterprise shall inform the owner or user of the prohibited acts and matters needing attention in decoration, and sign a decoration management agreement. In accordance with the provisions of the need to obtain the approval of the relevant administrative departments, it shall be handled in accordance with the provisions.

In case of damage to the stairs, stair walls, steps, railings and other * * * parts during the owner's renovation, the realty service enterprise shall be responsible for the maintenance and repair, and the expenses shall be borne by the owner. According to the budget, the property service enterprise requires the owner to pay the corridor repair fee in advance, and after the repair, it will refund more and make up less according to the actual expenditure.

The realty service enterprise shall supervise the house decoration, dissuade and stop those who do not meet the safety requirements, and report to the real estate administrative department in time. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Fifty-fourth owners, users and property service enterprises shall use the property reasonably according to the design, and shall not change the nature and use of houses and facilities without authorization. If it is really necessary to change the nature of the use of the property or affect the rights and interests of other owners, it shall obtain the written consent of the relevant owners, which shall be discussed and approved by the owners' congress or the owners' congress and put on record. If it needs to be approved by relevant departments, it shall be handled in accordance with relevant administrative regulations.

Article 55 Any unit or individual who uses or occupies the parts of the property and the facilities and equipment used by the property shall abide by the provisions of relevant laws, regulations and rules, obtain the consent of the relevant owners and owners' congress or owners' congress, and sign an agreement with the owners' congress. The relevant income collected by the realty service enterprise on behalf of the owners' congress or the owners' congress must be used to increase the maintenance fee and improve the facilities and equipment used by * * *.

Fifty-sixth any unit or individual shall not occupy or dig the roads and sites within the property management area without authorization. If it is really necessary to occupy or dig roads and sites, it shall comply with the provisions of relevant laws, regulations and rules, and obtain the written consent of the owners' congress or the owners' congress. 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 owners' committee and restore the original state within the agreed time limit.

Motor vehicle parking garages within the property management area shall be provided to the owners and users of the property management area. Parking spaces can be temporarily leased to units and individuals outside the property rights area if conditions permit. The lease term shall not exceed 6 months at the longest.

Motor vehicle parking management services within the property management area, including ground parking lots, roadside parking spaces, underground parking garages, three-dimensional parking garages and other motor vehicle parking services, shall be provided by property service enterprises or by professional parking management units entrusted by property service enterprises (hereinafter referred to as parking management units).

Motor vehicle parking in the property management area shall comply with the following provisions:

(1) Abide by the decisions of the owners' congress, the management regulations and the motor vehicle parking management system in residential quarters, 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.

Parking management units in the property management area on the internal roads delimit parking spaces, shall comply with the provisions of the national traffic facilities safety standards, shall not occupy fire exits, impede the passage of pedestrians and other vehicles.

Fifty-seventh there are more than two independent property units in a property management area, and special maintenance funds shall be set up for independent properties. Property special maintenance funds belong to the owners.

The owners of commercial residential and non-residential houses shall deposit special housing maintenance funds according to the construction area of their own properties, and the amount of the first special housing maintenance funds deposited per square meter of construction area is 5% to 8% of the cost per square meter of local construction and installation projects (specific standards are issued by the municipal real estate management department). The real estate administrative department of the county (city, district) people's government shall, according to local conditions, reasonably determine the amount of the first residential special maintenance fund deposited per square meter of construction area, and timely adjust and publish it regularly.

Before the establishment of the owners' committee, the maintenance funds of newly-built residential quarters shall be collected by the municipal real estate administrative department. After the establishment of the owners' committee, the owners' committee is responsible for collecting, collecting, verifying and entering the unpaid maintenance funds into the special account.

If the owner fails to pay the special maintenance fund for the property, the municipal real estate administrative department shall not handle the transfer and mortgage registration procedures of the property. Before the implementation of the Measures for the Administration of Residential Special Maintenance Funds on February 1 2008, the construction unit shall pay the maintenance funds in accordance with the regulations. The specific measures for the use of special maintenance funds shall be formulated by the real estate administrative department in conjunction with relevant departments.

The municipal competent department shall set up a special account for property maintenance funds in the bank, and set up an account according to the building, store it in a special account, conduct household accounting and use it for special purposes.

Some of the property * * * is damaged artificially, and the repair cost shall be borne by the responsible person.

If the amount of special maintenance funds for property exceeds 70% of the amount of special maintenance funds collected in the first phase, the owners' congress shall continue to raise special maintenance funds for property.

The owners' committee or the realty service enterprise shall announce the income and expenditure of the special property maintenance fund at least once every six months.

When the property is transferred, the owner shall explain to the transferee the deposit and balance of special maintenance funds, and the balance of special maintenance funds in the property ledger shall be transferred with the property at the same time.

Where the owner decorates the house, the realty service enterprise may, in accordance with the provisions of the local competent price department, agree with the owner or the decoration enterprise on the specific standards for the expenses such as decoration deposit (deposit), garbage removal, and decoration worker pass deposit (fee). In addition, other expenses related to decoration shall not be charged. After the renovation is completed, the deposit will be refunded if the acceptance conforms to the declared renovation plan and the house structure has not moved. If the structure is used, the deposit will be used to restore the structure, and more refunds will be made and less supplements will be made. If the owner refuses to restore, the property service enterprise will use the deposit for the maintenance of public parts and public facilities and equipment.

Article 58 Public facilities and equipment such as green space, parking garage, power supply facilities, water supply and drainage pipelines, septic tanks and garbage bins used by owners and users shall be maintained by the relevant professional management departments, and the maintenance costs shall be borne by the relevant professional management departments, and the rest shall be charged in the property maintenance funds.

Water supply, power supply, gas supply, communication, cable television and other units shall bear the responsibility for the maintenance of relevant pipelines and facilities in the property management area according to law, and serve the residents.

Road maintenance within the property management area is the responsibility of the property service enterprise; Road maintenance outside the property management area is the responsibility of the municipal road maintenance department.

The garbage in the property management area is collected by the property service enterprise and transported to the designated garbage collection point by the municipal sanitation management department for treatment.

The maintenance of green space, trees and other greening facilities in the property management area is the responsibility of the property service enterprise.

Power supply facilities and maintenance in the property management area, where the property rights of the facilities have not been transferred, shall be the responsibility of the property service enterprises, and the relevant departments shall be responsible for the transfer.

Water supply in the property management area is the responsibility of water supply enterprises, which serve every household. The realty service enterprise may accept the entrustment to collect the water fee, but it must sign the entrustment contract, and the water supply enterprise shall pay the labor remuneration, which shall not be passed on to the owner.

Property management area refers to the area included in the red line of property management property planning, and its division method is formulated by the municipal real estate administrative department.

Chapter VII Legal Liability

Fifty-ninth in violation of the provisions of these measures, the property administrative department or the relevant administrative departments shall be punished in accordance with the provisions of relevant laws, regulations and rules.

Sixtieth the construction unit fails to handle the transfer of property service enterprises on time, and the property administrative department shall investigate and deal with it. If the owner fails to pay the property service fee in accordance with the preliminary property management service agreement or the property management service contract, the owners' committee shall urge him to pay within a time limit. If he fails to pay within the time limit, the property service enterprise shall recover compensation according to law.

Property service evaluation and supervision institutions shall provide professional services in accordance with the relevant provisions of this Municipality, and shall not issue evaluation and supervision reports with false, misleading statements and major omissions.

Disputes arising from property management between owners, owners' congress or owners' congress, property service enterprises and construction units can be resolved through reconciliation or mediation; If they are unwilling to settle or mediation fails, they may apply for arbitration or bring a lawsuit to the people's court according to law.

Article 61 If a party refuses to accept the administrative punishment decision made by the real estate administrative department and the relevant administrative departments, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) or the Administrative Procedure Law of the People's Republic of China; If it fails to apply for administrative reconsideration or bring a lawsuit within the time limit and fails to perform the decision on administrative punishment, the organ that made the decision on administrative punishment shall apply to the people's court for compulsory execution.

Article 62 Any staff member of the real estate administrative department who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or higher authorities, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions

Sixty-third the meaning of relevant professional terms in these Measures:

(a) * * with parts. Refers to the main load-bearing structural parts of buildings (including foundations, load-bearing walls, columns, beams, floors, roofs, etc.). ), exterior walls, halls, stairwells, corridors, etc. ;

(2) * * facilities. Refers to the nameless roads, gardens, green spaces, parking lots, power supply facilities, fire-fighting facilities, garbage bins, prescribed signs, cultural and sports facilities, postal boxes, information network systems and intelligent building systems used by owners and users in the property management area;

(3) Equipment for * * *. Refers to the water supply pipe, drainage pipe, downpipe, lighting, garbage passage, smoke exhaust passage, water tank, water pump, gas supply and heating equipment used by the owners and users in the building.

Article 64 The management regulations, the rules of procedure of the owners' congress or the model text of the proceedings of the owners' congress in these Measures shall be formulated by the municipal real estate administrative department; Model texts of property management service contracts, preliminary property management service agreements and preliminary property management service contracts shall be formulated by the municipal real estate administrative department in conjunction with the municipal administrative department for industry and commerce.

Sixty-fifth commercial, office, hospital, school, industry, warehousing and other non-residential property management activities, can be implemented with reference to these measures.

Sixty-sixth specific issues in the implementation of these measures shall be interpreted by the municipal real estate administrative department. These Measures shall come into force as of July 20 1 1 year, and Decree No.43 of Jingzhou Municipal People's Government "Jingzhou Property Management Measures" shall be abolished at the same time.

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