Full text of Jingzhou Property Management Measures (2)

Full text of Jingzhou Property Management Measures

Chapter 4 Property Service Enterprises

Article 35 Enterprises engaged in property service activities shall have independent legal person qualifications . Personnel engaged in property management services shall undergo training and assessment by the property management administrative department and be issued a job certificate, and must hold the certificate to work.

The Municipal Property Management Association should strengthen the self-discipline supervision of property service companies and property service personnel, and establish an integrity file and risk warning announcement system.

Article 36 Property service enterprises must obtain property service enterprise qualifications in accordance with the law, and register to engage in property management service activities in accordance with the approved qualifications.

Property service enterprises shall not transfer or transfer the property service enterprise qualification certificate in disguised form by leasing, affiliated, loaning, etc.

Property service companies should accept the guidance and supervision of the property management association.

Article 37 Property service companies may, in accordance with the property service contract, hire professional agencies to undertake special services such as maintenance, cleaning, landscaping, and engineering construction of mechanical and electrical facilities in the property service area, and have supervision Management Responsibilities. However, all property management in the area shall not be entrusted or transferred to other units or individuals.

Article 38 Property service enterprises shall enjoy the following rights:

(1) Develop property management service systems and measures in accordance with relevant regulations and property management service contracts;

(2) Collect property service fees in accordance with the property management service contract;

(3) Stop illegal and illegal behaviors in the property management area;

(4) Responsible for causing property damage If there is a loss, request compensation from the person responsible on behalf of the owner;

(5) Other rights stipulated in laws, regulations, and rules.

Property service companies shall fulfill the following obligations:

(1) Fulfill property management service contracts and provide property management services;

(2) Regularly announce property services

(3) Accept the supervision of owners, owners’ conference, owners’ representative conference and owners’ committee;

(4) Accept the supervision and guidance of the property management administrative department;

(5) Other obligations stipulated in laws, regulations and rules.

Article 39 Property service companies do not assume responsibility for the personal safety of owners and users. Owners, users and property service companies can agree on property custody matters.

Chapter 5 Property Management Services

Article 40 A property management area shall be provided with property management services by a property service enterprise. If the owners' congress or the owners' congress decides to change the property service enterprise, a new property service enterprise may be selected through bidding.

Article 41 When a property service enterprise accepts entrustment to provide property management services, it shall implement the decision of the owners' meeting or the owners' representative meeting, and the owners' committee shall sign a property management service contract with the property service enterprise.

A property management service contract should generally specify the following main contents:

(1) Names of the owners committee and service company;

(2) Property management services The scope of the area;

(3) Contents of property management services;

(4) Standards of property management services;

(5) Contents of property management services Fees;

(6) The term of the property management service contract;

(7) Liability for breach of contract;

(8) Conditions for the termination of the property management service contract;

(9) Other matters agreed upon by both parties.

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

When a property service enterprise takes over a property project, it shall, within 15 days from the date of signing the property management service contract, report the property project situation to the city or county real estate administrative department where the property project is located for filing.

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

Property service companies can accept entrustment from professional operating service departments such as water supply, power supply, heating, communications, and cable TV to maintain professional facilities in the property management area and collect relevant fees on their behalf. Property service companies accept entrustment to perform maintenance or charge fees on their behalf, and are not allowed to charge additional fees such as handling fees from owners.

Article 43 Property management service charges shall follow the principles of reasonableness, openness, and the property management service contract and service quality.

Based on the nature and characteristics of different properties, property service charges are subject to government-guided prices and market-regulated prices respectively.

Comprehensive property management services and parking charges for ordinary residences managed by property companies are subject to government-guided prices, while other service items and properties in villa areas and non-residential areas are subject to market-regulated prices.

If government-guided prices are implemented, in accordance with the principle of territorial management, the price department of the municipal and county governments shall determine the service items together with the real estate administrative department, comprehensively considering the quality of property services, hardware supporting facilities, and service costs. Supervise and review, take into account the affordability of the owners, and reasonably formulate government-guided price standards and fluctuation ranges.

Real estate services with market-adjusted prices shall be agreed upon in the property service contract between the owner and the property management company.

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

Article 45 The property service fees for unsold vacant houses in the property management area shall be paid by the real estate development enterprise; the property service fees for vacant houses after purchase shall be paid by the owner from the delivery date agreed in the house purchase contract. Start paying.

Article 46 Three months before the expiration of the property management service contract, the owners’ conference or owners’ representative conference and the property service enterprise shall negotiate on renewal matters. If the appointment is renewed, a new property management service contract shall be signed; if the appointment is not renewed, the owners' congress or the owners' congress shall elect a new property service enterprise, and the original property service enterprise shall handle the following transfers to the new property service enterprise under the supervision of the owners' committee. Matters:

(1) Hand over the property service fees received in advance after truthful settlement;

(2) Hand over all property information and relevant financial accounts;

< p>(3) Hand over the owner’s owned houses, sites and other properties;

(4) Other matters that should be handed over.

Article 47 Property management services shall keep the property in good condition, the environment clean and tidy, and the public order in good order, and ensure the convenience and safety of the property. Property service enterprises shall implement property management services in accordance with the following requirements:

(1) Implement property management in accordance with the technical standards and specifications stipulated by the state and this city and the annual property management service plan decided by the owners’ conference or the owners’ congress. Services;

(2) Before the owner or user uses the property, inform the owner or user in writing of the methods, requirements, precautions and relevant regulations for the use and maintenance of the first-use parts, first-use facilities and equipment. Owners and users;

(3) Conduct comprehensive inspections and inspections of the property management service area, and regularly repair and maintain used parts, facilities and equipment;

(4) When it is discovered that the service parts, service facilities and equipment are damaged, immediately take protective measures and carry out repairs;

(5) When receiving a report of damage from the property, the time limit shall be Carry out maintenance and processing;

(6) Keep various records of property maintenance, updates and expenses, and properly keep property information and relevant financial accounts;

( 7) If any behavior that violates these measures or management regulations is discovered, immediately discourage and stop it, and report it to the owners committee and relevant administrative departments;

(8) In accordance with the provisions of the property management service contract, do a good job as an owner Other property management services entrusted by the general meeting or owners’ representative meeting, owners, and users.

Article 48 Property service enterprises shall submit quarterly and annual statistical tables and other relevant statistical information to the municipal competent department.

Chapter 6 Use and Maintenance of Properties

Article 49 This city implements a supervision system for warranty funds for newly built residential properties. The supervision of warranty funds follows the principles of unified deposit, unchanged ownership, earmarked funds, and government supervision. Specific supervision measures shall be formulated by the municipal real estate administrative department and implemented after being submitted to the municipal government for approval.

Article 50 After the expiration of the warranty period stipulated by the state, the self-used parts of the property shall be repaired and maintained by the owner; the first-use parts and first-use facilities and equipment shall be repaired and maintained by the property service company. Maintenance costs are shared among all owners. When there is a situation that endangers safety, affects the view, infringes the interests of the public, or affects other normal uses, the relevant responsible person shall make repairs in a timely manner, and the relevant owners shall cooperate.

When property service companies repair and maintain the most used parts of the property and most used facilities and equipment, the relevant owners and users should cooperate.

If property damage or property damage is caused, the responsible person shall be responsible for repairs or compensation.

Article 51 When using property, owners shall abide by laws, regulations and relevant provisions of the municipal government, and correctly handle water supply, drainage, ventilation, lighting and roads in accordance with the principles of property use, safety and fairness and reasonableness. , maintenance, decoration, environmental sanitation, environmental protection and other adjacent relationships.

Article 52 The owner shall abide by the following regulations when using the property:

(1) The load-bearing structure of the house shall not be demolished without authorization, or the appearance and purpose may be damaged;

(2) Do not occupy, damage or relocate public parts or equipment;

(3) Do not install power equipment that affects the surrounding environment and building structure. ;

(4) Buildings and structures shall not be built illegally;

(5) Debris shall not be piled on public land, corridors, stairs, or roofs;

(6) No flammable, explosive, poisonous or hazardous items may be piled or discharged;

(7) No green spaces may be encroached upon or greening equipment may be destroyed;

(8) No Arbitrarily setting up stalls, hanging, posting, scribbling, engraving, and dumping garbage at will;

(9) The property shall not be used to engage in activities that endanger the interests of the public and infringe upon the legitimate rights and interests of others;

(10) Poultry and pets are not allowed to be raised in the property management area;

(11) Other prohibited behaviors stipulated by laws, regulations, rules or the municipal government.

Article 53 Before decorating the house, the owner or user shall inform the property service company. Property service companies should inform owners or users of prohibited behaviors and precautions in decoration and decoration, and sign a decoration management agreement. If approval by the relevant administrative departments is required according to regulations, it shall be handled in accordance with regulations.

If the stairwell, stair walls, steps, railings and other functional parts are damaged due to the owner's decoration, the property service company will be responsible for repair and restoration, and the cost will be borne by the owner. Based on the budget, the property service company requires the owner to prepay the corridor repair fee, and after repair, the excess will be refunded based on the actual expenditure.

Property service companies should supervise house decoration and decoration, and if they do not meet safety requirements, they should be discouraged and reported to the real estate administrative department in a timely manner. After receiving the report from the property service enterprise, the relevant administrative departments shall stop the illegal behavior or deal with it in accordance with the law.

Article 54 Owners, users and property service companies shall use the property reasonably according to the design and shall not arbitrarily change the nature and purpose of the house and public facilities and equipment. If it is really necessary to change the nature of property use or affect the rights and interests of other owners, the written consent of the relevant owners must be obtained, discussed and approved by the owners' meeting or owners' representative meeting, and filed. If approval is required from relevant departments, it shall be handled in accordance with relevant administrative regulations.

Article 55 Any unit or individual that uses or occupies the most common parts of the property or the most common facilities and equipment shall comply with the provisions of relevant laws, regulations and rules, and obtain the consent of the relevant owners. and the consent of the owners' congress or the owners' congress, and sign an agreement with the owners' congress. Relevant proceeds collected by property service companies on behalf of the owners' congress or the owners' congress must be used to increase maintenance funds, improve public facilities and equipment, etc.

Article 56 No unit or individual may occupy or excavate roads or sites within the property management area at will. If it is really necessary to occupy or excavate roads or sites, it shall comply with the provisions of relevant laws, regulations and rules, and obtain the written consent of the owners' meeting or the owners' representative meeting. If it is necessary to temporarily occupy or excavate roads or sites due to property maintenance or public interests, the consent of the owners' committee shall be obtained and the property shall be restored to its original condition within the agreed period.

Motor vehicle parking garages within the property management area shall be provided for use by the owners and users of the property management area. If parking spaces are available, they can be temporarily rented to units and individuals outside the property rights area. The maximum lease period shall not exceed 6 months.

Motor vehicle parking management services within the property management area, including ground parking lots, roadside marked parking spaces, underground parking garages, three-dimensional parking garages, etc., are uniformly provided by property service companies. Or the property service enterprise entrusts a professional parking management unit (hereinafter referred to as the parking management unit) to be responsible.

Motor vehicle parking in property management areas should comply with the following regulations:

(1) Comply with the decisions of the owners’ meeting, management regulations and residential community motor vehicle parking management systems, and obey the instructions of parking managers ;

(2) Pay parking management service fees in accordance with regulations or agreements;

(3) It is prohibited to occupy or block fire escapes and fire protection facilities.

When parking management units designate parking spaces on roads within the property management area, they shall comply with the provisions of national safety standards for transportation facilities and shall not occupy fire escapes or obstruct the passage of pedestrians and other vehicles.

Article 57 If a property management area has two or more independent property rights units, special maintenance funds for independent properties should be established. Special property maintenance funds belong to the owner.

Owners of commercial residences and non-residential owners must deposit special residential maintenance funds according to the construction area of ??the property they own. The amount of the first phase of special residential maintenance funds per square meter of construction area is the local construction and installation project. 5% to 8% of the cost per square meter (specific standards are issued by the municipal real estate management department).

The real estate administrative department of the county (city, district) people's government should reasonably determine the amount of the first phase of special residential maintenance funds per square meter of building area based on local conditions, and make timely adjustments and regular announcements.

Before the owners’ committee is established in a newly built residential community, the maintenance funds will be collected by the municipal real estate administrative department. After the owners' committee is established, the unpaid portion of the maintenance funds will be collected, collected, verified and entered into a special account by the owners' committee.

If the owner fails to pay off the property’s special maintenance funds, the municipal real estate administrative department will not handle the transfer and mortgage registration procedures for the property. Before the implementation of the "Measures for the Management of Special Residential Maintenance Funds" on February 1, 2008, the construction unit's maintenance funds should be paid back in accordance with regulations. Specific methods for using special maintenance funds shall be formulated by the real estate administrative department in conjunction with relevant departments.

The municipal competent department has set up a special account for property maintenance funds in the bank, and implemented the establishment of accounts according to buildings, storage in special accounts, accounting to households, and special funds.

If part of the property*** is damaged by man-made damage, the repair costs shall be borne by the person responsible.

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

The owners' committee or property service company should publish the income and expenditure of special property maintenance funds at least every six months.

When the property is transferred, the owner shall explain to the transferee the deposit and balance of the special maintenance funds. The balance of the special maintenance funds in the property's separate account will be transferred with the property at the same time.

If the owner renovates the house, the property service company can agree with the owner or decoration company on the decoration deposit (deposit), garbage removal, and decoration workers’ access permit deposit (cost of construction fee) in accordance with the regulations of the local price department. ) and other specific standards for fees. In addition, no other renovation-related fees may be charged. After the decoration is completed, if it is verified that it complies with the declared decoration plan and the structure of the house is not touched, the deposit will be refunded. If the structure is used, the deposit will be used to restore the structure, and any excess will be refunded and less will be compensated. If the owner refuses to restore the property, the property service company will use the deposit to maintain the property, public facilities and equipment.

Article 58: Green spaces, parking garages, power supply facilities, water supply and drainage pipes, septic tanks, garbage bins and other public facilities and equipment used jointly by owners and users , if the property should be repaired by the relevant professional management department, the repair and cost will be borne by the relevant professional management department, and the rest will be included in the property maintenance funds.

Units such as water supply, power supply, gas supply, communications, cable TV, etc. shall assume the responsibility for the maintenance and repair of relevant pipelines, facilities and equipment within the property management area in accordance with the law, and provide door-to-door services.

The maintenance of roads within the property management area is the responsibility of the property service company; the maintenance of roads outside the property management area is the responsibility of the municipal road maintenance department.

Garbage in the property management area is collected by property service companies and transferred to designated garbage collection points by the municipal environmental sanitation management department for disposal.

The property service company is responsible for the maintenance of green spaces, trees and other green facilities in the property management area.

For power supply facilities and maintenance in the property management area, the property service company will be responsible for the property rights of the facilities that have not been transferred, and the relevant departments will be responsible for those that have been transferred.

The water supply company in the property management area is responsible for providing services to every household. The property service company can be entrusted to collect water fees, but it must sign an entrustment contract and the water supply company will pay labor remuneration. Pass to owner.

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

Chapter 7 Legal Responsibilities

Article 59 Violations of the provisions of these Measures shall be punished by the property administration department or relevant administrative departments in accordance with the provisions of relevant laws, regulations, and rules. .

Article 60 If the construction unit fails to handle the handover matters to the property service enterprise on time, the property administration department will investigate and deal with it. If the owner fails to pay property service fees in accordance with the previous property management service agreement or property management service contract, the owners' committee shall urge the owner to pay within a time limit. If the owner still fails to pay within the time limit, the property service company shall pursue the payment in accordance with the law.

Property service evaluation supervision agencies shall provide professional services in accordance with the relevant regulations of this city and shall not produce evaluation supervision reports with false content, misleading statements or major omissions.

If disputes arise over property management between owners, owners' conferences or owners' representatives, property service companies, and construction units, they can be resolved through reconciliation or mediation; if they are unwilling to reconcile or mediate, or if reconciliation or mediation fails, You can apply for arbitration or file a lawsuit in the People's Court in accordance with the law.

Article 61 If the party concerned is dissatisfied with the administrative penalty decision made by the real estate administrative department and relevant administrative departments, he or she may file a lawsuit in accordance with the "Administrative Reconsideration Law of the People's Republic of China" or the "People's Republic of China Administrative Reconsideration Law" ** According to the provisions of the Administrative Litigation Law of the People's Republic of China, if you apply for administrative reconsideration or file an administrative lawsuit; if you fail to apply for administrative reconsideration or file a lawsuit within the time limit, and do not implement the administrative penalty decision, the agency that made the administrative penalty decision shall apply to the People's Court for compulsory execution.

Article 62 If a staff member of the real estate administrative department neglects his or her duties, abuses his or her position, or engages in favoritism, he or she shall be subject to administrative sanctions by his or her unit or the superior authority. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Chapter 8 Supplementary Provisions

Article 63 The meaning of relevant professional terms in these Measures:

(1) Used parts. It refers to the main load-bearing structural parts of a house (including foundation, load-bearing walls, columns, beams, floors, roofs, etc.), exterior walls, foyers, stairwells, corridors, etc.;

(2) ***Facility available. It refers to unnamed roads, garden green spaces, parking lots, power supply facilities, fire protection facilities, garbage bins, prescribed signs, cultural and sports facilities, postal boxes, information network systems and other facilities within the property management area that are used jointly by owners and users Building intelligent systems, etc.;

(3) Public equipment. It refers to the water supply pipes, drainage pipes, downpipes, lighting fixtures, garbage channels, smoke exhaust channels, water tanks, water pumps, air supply, heating equipment, etc. used jointly by the owners and users in the building.

Article 64 The management regulations and the sample texts of the owners’ meeting or the owners’ representative meeting in these measures shall be formulated by the municipal real estate administrative department; the property management service contract, the early-stage property management service agreement, the early-stage property The model text of the management service contract shall be formulated by the municipal real estate administrative department in conjunction with the municipal industrial and commercial administrative department.

Article 65 Non-residential property management activities such as commerce, offices, hospitals, schools, industries, and warehousing may be implemented with reference to these Measures.

Article 66 The municipal real estate administrative department is responsible for explaining specific issues in the implementation of these measures. These Measures will come into effect on July 1, 2011, and the Jingzhou City People's Government Order No. 43 "Jingzhou City Property Management Measures" will be abolished at the same time.

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