The full text of the Regulations of Baotou Municipality on Residential Property Management

The full text of the Regulations of Baotou Municipality on Residential Property Management

With the deepening of China's urban housing system reform, the relationship between the original public housing managers and tenants has gradually evolved into the relationship between property management enterprises and housing owners. Below I have prepared the property management regulations of Baotou for everyone. Welcome to reading.

Chapter I General Principles

Article 1 In order to standardize the property management of residential areas, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, beautiful, comfortable, convenient, civilized and safe living environment, these Regulations are formulated in accordance with the relevant provisions of the state and combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the urban areas of this Municipality, Baiyun Obo Mining Area, Shiguai Mining Area, Shahe, Jinshan Town, Salaqi Town and Bailingmiao Town.

The term "residential area" as mentioned in these Regulations refers to a residential area with a construction area of more than 20,000 square meters, mainly residential and non-residential, and equipped with corresponding supporting facilities and equipment.

Residential property as mentioned in these Regulations (hereinafter referred to as property) refers to buildings and their ancillary facilities, equipment and related sites in residential areas.

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

The term "user" as mentioned in these Regulations refers to the lessee and the actual user of the property.

The term "property management" as mentioned in these Regulations refers to the maintenance, conservation and related service activities of the property entrusted by the owners' committee by the property management enterprise in accordance with the property management entrustment contract.

The term "property management enterprise" as mentioned in these Regulations refers to an enterprise legal person established in accordance with the law to engage in property management services.

Third new residential areas should implement property management, and residential areas that have been delivered for use should create conditions to gradually implement property management.

Article 4 Property management shall follow the principle of combining independent management by owners with professional management entrusted by property management enterprises.

Fifth Municipal People's government real estate administrative departments in charge of the city's property management.

The scope of management authority of urban property management is determined by the Municipal People's Government.

The property management of banners, counties, suburbs and mining areas is managed by the real estate administrative department of the local people's government, and the business is guided and supervised by the municipal real estate administrative department.

Street offices and public security, price, construction, environmental protection, power supply, postal services, telecommunications and other relevant departments shall, in accordance with their respective responsibilities, cooperate with the real estate administrative departments to do a good job in property management.

Chapter II Management Right of Owners

Article 6 Owners shall have the right to manage the property according to law and bear corresponding obligations.

The main rights of the owner:

(a) to attend the owners' meeting;

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

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

(four) to supervise the management of the owners' committee;

(5) others.

Main obligations of the owner:

(a) the implementation of the relevant resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

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

(four) pay the property management and maintenance fees payable on time;

(5) others.

Article 7 The owners' congress is composed of all owners in the property management area. If there are a large number of owners, it shall be brewed by the owners' meeting, determine the proportion of owners' representatives, and set up the owners' meeting.

When convening the owners' meeting or owners' representative meeting, more than half of the owners or owners' representatives shall attend. Decisions made by the owners' congress or the owners' congress shall be adopted by more than half of all the owners or their representatives.

Owners attending the owners' meeting have the right to vote according to the construction area, with one vote for every 25 square meters and one vote for every additional 25 square meters. Non-owners who live in public houses directly managed by the unit and self-managed public houses enjoy 50% voting rights with the owners respectively.

The owners' congress or owners' congress shall be held at least once a year. Upon the proposal of more than 20% owners or owners' representatives, an owners' meeting or owners' representative meeting shall be held.

The owners' congress or the owners' congress shall invite representatives from public security departments, residents' committees and other relevant departments in the district to attend as nonvoting delegates.

Article 8 The owners' congress or the owners' congress shall exercise the following functions and powers:

(a) to elect and recall members of the owners' committee;

(2) Examining and adopting the articles of association of the owners' committee and the owners' convention;

(three) to listen to and consider the work report of property management services;

(four) decided to use the maintenance fund plan, approved the "property management contract" and other major issues involving the interests of the owners;

(five) to decide the public service items and service standards in the property management area;

(6) others.

Ninth * * residential facilities and equipment, maintenance funds in place, the construction area of public houses for sale reached more than 30%, or the construction area of new houses for sale or lease reached more than 50%. Units selling or renting houses shall, under the guidance of real estate administrative departments and sub-district offices, organize the first owners' congress or owners' congress to implement property management.

Meet the above conditions, the house has been sold and leased for two years, and property management must be implemented.

Article 10 The owners' committee shall be elected by the owners' congress or the owners' congress. Members of the owners' committee shall be held by the owners. Can be re-elected. The owners' committee consists of five to fifteen people.

The chairman and deputy directors of the owners' committee are elected among the members of the owners' committee.

Eleventh owners' committee shall, within fifteen days from the date of election, apply to the real estate administrative department for registration with the following documents:

(a) the owners' committee registration application form;

(two) the list of members of the owners' committee and their identity certificates;

(3) Articles of association of the owners' committee.

To meet the conditions, the real estate administrative department shall register it within fifteen days from the date of acceptance.

Twelfth responsibilities of the owners' committee:

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

(two) to draft the owners' convention, the draft articles of association of the owners' committee and the revised draft, and report them to the owners' congress for adoption;

(3) According to the decision in Item (5) of Article 8 of these Regulations, hiring property management enterprises through public bidding, and signing property management entrustment contracts;

(four) to listen to the opinions and suggestions of the owners and users, and to supervise and inspect the implementation of the entrusted contract for property management;

(five) to urge the owners and users to fulfill the owners' convention;

(six) review the property maintenance fund plan, check and supervise the use of the maintenance fund;

(seven) to receive and manage the * * * parts of the house and the * * * facilities and equipment;

(eight) to examine and approve the annual plan of property management services proposed by the property management enterprise;

(nine) other duties entrusted by the owners' congress or the owners' congress.

Thirteenth decisions made by the owners' congress or the owners' congress or the owners' committee shall not conflict with laws, regulations and rules.

Fourteenth owners' committees and property management enterprises shall, in accordance with the provisions of the Organic Law of People's Republic of China (PRC) Urban Residents' Committees, assist the residents' committees to carry out the relevant work of property management.

Fifteenth property management area by the real estate administrative department according to the planning requirements, taking into account the relevant situation of buildings and facilities, in line with the principle of conducive to the large-scale operation and professional development of property management.

Sixteenth property management houses, by the development and construction units, public housing units for sale by one thousandth of the housing construction area provided free of charge, but not less than forty square meters. Property rights belong to all.

Within ten days after the termination of the contract between the owners' committee and the property management enterprise, the property management house shall be returned to the owners' committee.

Chapter III Property Management Enterprises

Seventeenth applications for property management, should pass the qualification certification of the municipal real estate administrative department, and after obtaining the qualification, go through the relevant formalities in accordance with the provisions of laws and regulations.

Eighteenth to apply for the qualification of a property management enterprise shall meet the following conditions:

(1) Having its own name and organization;

(2) Articles of association of the property management enterprise;

(3) Having a fixed business place;

(four) there are more than one engineering, economic, accounting and other professional and technical personnel. Primary or above level;

(5) The registered capital is 654.38 million yuan;

(6) Other conditions stipulated by laws and regulations.

Nineteenth property management companies engaged in property management, should sign the "property management commission contract" with the owners' committee. The contract shall be reported to the real estate administrative department for the record within fifteen days from the effective date. Property management companies can accept the entrustment of owners and users to engage in special services.

Twentieth personnel engaged in property management should be trained and certified.

Twenty-first property management enterprise rights:

(a) in accordance with the signed "property management contract", the implementation of management;

(two) to formulate specific rules for property management;

(3) collecting property management service fees;

(four) to stop the violation of property management regulations and the owners' convention;

(five) choose a franchise company to undertake special business;

(six) to engage in business activities in accordance with laws, regulations and relevant provisions.

Article 22 Obligations of a property management enterprise:

(a) the full implementation of the "property management contract";

(two) accept the management of the real estate administrative department and the guidance and supervision of the relevant administrative departments;

(three) accept the supervision of the residents' committee, the owners' committee or the owners;

(four) major property management measures submitted to the owners' committee for consideration;

(five) quarterly report to the owners' committee on the use of property maintenance funds and public service fees;

(six) to assist the relevant departments to carry out community activities.

Twenty-third property management companies to implement the annual inspection and grading system.

Chapter IV Property Management

Twenty-fourth after the sale of houses to the owners' committee before the establishment of property management, by the sale of houses, rental units responsible, but shall not use the property maintenance fund.

Twenty-fifth housing sales and rental units shall not transfer or transfer in disguised form the ownership of the * * * parts of the house and other * * * facilities and equipment except the facilities and equipment managed by the relevant professional departments according to regulations. After the establishment of the owners' committee, it shall all be handed over to the owners' committee.

Twenty-sixth housing transfer or lease, the owners' convention shall be an annex to the housing transfer contract or lease contract.

Within ten days from the date of signing the housing transfer contract or lease contract, the owners' committee and the property management enterprise shall be informed of the transfer or lease.

Twenty-seventh residential property management, development and construction units to the owners' committee handed over the following building materials:

(a) the planning and completion of the property management area;

(2) as-built drawings of single buildings, structures and equipment;

(3) Underground pipeline map;

(4) Land use certificate;

(5) Other relevant information.

The above-mentioned building materials are entrusted by the owners' committee to the real estate administrative department for escrow.

Twenty-eighth property users shall not have the following acts:

(a) to change or damage the appearance and load-bearing structure of the house;

(two) occupy * * * parts, demolition, modification, damage to facilities and equipment;

(3) destroying flowers and trees;

(four) littering, scraps of paper;

(five) set up stalls;

(6) Failing to store vehicles at designated places;

(seven) graffiti on buildings and structures;

(8) storing inflammable and explosive articles in violation of relevant regulations, discharging toxic and harmful gases, and emitting noise exceeding the prescribed standards;

(nine) other acts prohibited by laws and regulations.

Twenty-ninth no unit or individual may change the nature of the use of residential buildings, public buildings and facilities built according to the plan.

Thirtieth no unit or individual may occupy the roads and venues within the property management area without authorization. When roads and sites need to be temporarily occupied or excavated due to property maintenance or public interests, an agreement shall be signed with the owners' committee or the property management enterprise, and the original state shall be restored within the agreed time limit. For emergency rescue of existing projects, construction can be started first and an agreement can be signed.

Thirty-first power supply, water supply, heating, gas supply, drainage, postal services, telecommunications, cable television, greening, sanitation and other professional departments. In accordance with the provisions of relevant laws, regulations and administrative rules, the division of responsibilities between facilities and equipment management and property management enterprises in residential quarters shall be implemented. Where there are no provisions in laws, regulations and administrative rules, the following provisions shall apply:

(1) The receiving party is responsible for * * * handing over the facilities and equipment to the professional management department free of charge or through negotiation;

(two) part of the facilities and equipment that have not been handed over, and the housing sale and rental units have paid the maintenance fund according to the regulations, and the property management enterprises entrusted by the owners' committee are responsible for it;

(3) If there is no clear stipulation, it shall be stipulated by the Municipal People's Government.

Chapter V Property Maintenance Fund and Management Service Fee

Thirty-second public housing and new housing should be established after the sale of housing parts, facilities and equipment maintenance fund (hereinafter referred to as the maintenance fund).

The maintenance fund is specially used for the overhaul, renewal and transformation of the parts, facilities and equipment of the house after the warranty period expires.

Thirty-third maintenance fund extraction method is as follows:

(a) the sale of new houses, while the unit in accordance with the sales price of 2% of the proportion of the purchase, not included in the sales revenue;

(two) public housing buyers in accordance with the proportion of 2% of the purchase price to the housing sales unit to pay, not included in the sales revenue;

(3) If the 2% maintenance fund is not collected from the purchaser for the sold commercial housing, the development and construction unit shall extract it according to 1.5% of the total investment in residential construction;

(four) the sale of public housing units in accordance with the proportion of 20% of the sale price to pay.

Article 34 The maintenance fund shall be managed by the real estate administrative department and stored in a special account, and the interest income shall be used to supplement the maintenance fund.

The maintenance fund belongs to all owners, and accounts are established by building and accounted for by households. The use of this fund shall be planned by the property management enterprise, audited by the owners' committee, reported to the owners' congress or the owners' congress for approval, and used after the approval of the real estate administrative department. And accept the supervision of finance, auditing and other relevant departments.

Thirty-fifth Municipal People's Government shall arrange a certain amount of funds from the city maintenance fee every year and allocate them to the municipal real estate administrative department for the following projects:

(1) Matching with the urban maintenance fee of the district-level people's government for the renovation of residential areas that have been delivered for use;

(two) for unsold municipal public housing maintenance subsidies.

Thirty-sixth specific measures for the management of property maintenance funds shall be formulated by the Municipal People's government.

Thirty-seventh houses occupied parts and equipment maintenance and renewal costs borne by the owners.

Thirty-eighth owners transfer the ownership of the house, the balance of the maintenance fund will not be returned, and the ownership will be transferred at the same time. If the house is lost due to demolition or other reasons, the balance of the maintenance fund shall be returned to the owner according to the proportion paid by the individual.

Thirty-ninth residential areas that have been delivered for use are subject to property management, and it is necessary to transform and build supporting facilities. The expenses shall be raised by the original development and construction unit, the original property right unit and the municipal public professional unit organized by the municipal and district people's governments. Unable to organize fundraising, the municipal and district people's governments shall be responsible for it.

Fortieth property management services can supplement the following items:

(a) to manage the salaries of service personnel and welfare funds drawn according to regulations;

(two) the operation and maintenance costs of facilities and equipment;

(3) cleaning and sanitation fees;

(four) greening management fees;

(5) security costs;

(six) depreciation of fixed assets used for property management (except for management rooms provided free of charge).

The expenses mentioned in items (2), (3), (4) and (6) of this article refer to material consumptive expenses other than wages and welfare expenses.

Forty-first property management public service charges should follow the principles of rationality, consistency of quality and price and adaptability to the level of social and economic development. On the basis of extensive consultation and scientific demonstration, the municipal real estate administrative department has formulated the public service standards and the labor quota and material consumption quota of public service projects. City real estate administrative departments in accordance with the above standards and quotas and the relevant provisions of the distinction between residential housing and non residential housing, the implementation of public service projects to guide the price. The competent price department shall go through the hearing procedure and approve the implementation. The charging standard of special service fees shall be negotiated and priced by the property management enterprise with the owners and users. Forty-second property management service fees paid by the owners and users in accordance with the housing construction area. For the poor residents below the urban minimum living security line. The Municipal People's Government shall formulate specific rescue policies.

The public service fee for vacant and idle houses is charged at 50% of the charging standard for similar houses in the property management area.

Forty-third property management companies should publish public service items, service standards, charging items and charging standards calculated according to the construction area determined by bidding. Fees are not allowed for projects that do not implement services. If the public service fee for property management has been charged to the owners and users in accordance with these regulations, no unit or individual may charge the same fee repeatedly.

Chapter VI Legal Liability

Forty-fourth real estate administrative departments shall accept complaints in violation of these regulations, and reply to the complainant within ten days from the date of accepting the complaint.

Forty-fifth disputes between owners, users, property management companies and development and construction units can be resolved through consultation or mediation. If negotiation or mediation fails, it may apply for arbitration or bring a lawsuit to the people's court according to law.

Forty-sixth in violation of the provisions of Article 28 (1), (2), Article 29 and Article 30 of these regulations, the owners' committee or the entrusted property management enterprise shall stop it and order it to make corrections within a time limit and restore to its original state; If no correction is made within the time limit, the property management enterprise shall restore the original state, and the expenses and losses caused to others shall be borne by the responsible person; If the circumstances are serious, the real estate administrative department shall impose a fine of more than 2,000 yuan from 500 yuan.

In violation of the provisions of Article 28 (3), (4), (5), (6), (7) and (8) of this Ordinance, the owners' committee or the entrusted property management enterprise shall stop it and order it to make corrections within a time limit or compensate for the losses; If no correction is made within the time limit, the property management enterprise shall restore the original state, and the expenses required shall be borne by the responsible person.

Forty-seventh housing sales, rental units did not convene the first owners' meeting or owners' congress as required, the real estate administrative department shall order it to convene within a time limit; Those who refuse to convene the meeting within the time limit may be fined more than 5000 yuan 1000 yuan.

Article 48 If a unit sells or rents a house in violation of the provisions of Article 25 of these regulations, the real estate administrative department shall order it to be recovered within a time limit and impose a fine of more than 30,000 yuan 1 10,000 yuan.

Forty-ninth housing sales, rental units in the handover of the property in accordance with the provisions of the property management, the real estate administrative department shall order it to provide within a time limit, and impose a fine of 1000 yuan to 30000 yuan; If it is not provided within the time limit, it shall apply to the people's court for compulsory execution.

Fiftieth units that sell or rent houses fail to deliver the property maintenance fund in accordance with the regulations, the real estate administrative department shall order them to deliver within a time limit and impose a fine of more than 5000 yuan 1000 yuan.

Unauthorized use of property maintenance funds, in addition to the deadline to recover the principal and income, and impose a fine of five percent of the illegal amount; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-first property management enterprises in violation of the provisions of this Ordinance, one of the following acts, the real estate administrative department shall order it to make corrections within a time limit and compensate for the losses; Depending on the seriousness of the case, a fine of 1000 yuan to 5,000 yuan may be imposed, until its qualification level is lowered or its property management qualification certificate is revoked.

(a) buildings and * * * facilities and equipment are not maintained as they are, or improperly maintained, resulting in losses;

(two) unauthorized changes in the property management area * * * housing parts, * * housing facilities and equipment use;

(three) do not engage in property management services in accordance with the provisions of the qualification management;

(four) the internal system is not perfect, the management is chaotic, and the service is not provided according to the regulations;

(5) Failing to perform other obligations stipulated in the property management entrustment contract;

(six) after the termination or dissolution of the property management entrustment contract, it fails to go through the formalities of repaying or handing over in accordance with the regulations.

Article 52 If an enterprise without property management qualification engages in property management activities, the real estate administrative department shall order it to stop illegal property management activities, confiscate its illegal income and impose a fine of 1000 yuan to 30000 yuan.

Property management qualification, did not go through the relevant formalities, shall be punished by the relevant administrative departments in accordance with the provisions.

Those who expand the scope of fees and raise the standard of fees without authorization shall be punished by the competent price department.

Fifty-third owners' congress or owners' congress, the owners' committee in violation of these regulations, the real estate administrative department shall make a decision to correct it.

Fifty-fourth owners, users in violation of the provisions of this Ordinance, not in accordance with the agreement to pay the property management, maintenance and other fees payable. The property management company can demand payment and deliver within a time limit.

Article 55 If a party refuses to accept the decision on administrative punishment, it may apply for reconsideration or bring an administrative lawsuit according to law. If it fails to apply for administrative reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Chapter VII Supplementary Provisions

Article 56 The meanings of relevant technical terms in these Regulations are:

(1) Self-use parts refer to bedrooms, living rooms, kitchens, bathrooms, balconies, courtyards, etc. Used by owners and users.

(2) Self-use equipment refers to doors and windows, sanitary ware, lighting facilities, radiators, water supply, drainage and gas appliances leading to the main pipeline. Used by owners and users.

(3) * * * Use site refers to the main load-bearing structural parts of the house (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, garbage lanes, etc.

(4) Facilities and equipment used in * * * refer to outdoor sewers, downpipes, water tanks, booster pumping stations, elevators, power supply facilities, heating pipes, gas pipes, fire-fighting facilities, green spaces, roads, street lamps, venues, etc. Article 57 The Property Management Contract in these Regulations uses the model text formulated by the state.

The fifty-eighth of this Ordinance since March 6, 2000. "Baotou residential property management measures (Trial)" shall be abolished at the same time.

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