Hohhot Residential Area Property Management Measures "Full Text"

Hohhot Residential Area Property Management Measures "Full Text"

"Hohhot Residential Area Property Management Measures" was discussed at the 18th executive meeting of the Municipal People's Government on April 10, 2000 Passed, now promulgated and implemented. The following is the full text of the measures:

Chapter 1 General Provisions

Article 1 is to strengthen property management in urban residential areas, standardize property management service behavior, and safeguard the rights and interests of owners, users and property management enterprises. To ensure legitimate rights and interests and create a good living environment, these measures are formulated in accordance with relevant national laws and regulations and in conjunction with the actual situation of this city.

Article 2 These Measures apply to the property management of urban residential areas within the administrative region of this city. The properties of units stationed in the central and autonomous regions are subject to localized management.

Article 3 The term “residential property” (hereinafter referred to as “property”) as mentioned in these Measures refers to residences and related residential use parts, use equipment and use facilities.

The owner referred to in these Measures refers to the owner of the property.

The term “user” as mentioned in these Measures refers to the lessee of the property and other persons who actually use the property.

The term "property management company" as mentioned in these Measures refers to an enterprise that accepts the entrustment of the owner or the owners' committee and provides professional management services in accordance with the property entrustment management contract.

Article 4 Property management shall implement the principle of combining owner autonomous management with professional management services entrusted to property management enterprises.

Article 5 The Municipal Real Estate Administration Bureau is the administrative department of property management in this city. It is responsible for establishing the owners’ committee, cultivating property management companies, supervising and guiding the work of the owners’ committees and property management companies; cultivating the property management market , standardize property management behavior; unify the management of special funds for property management; strengthen the management of fiscally allocated housing construction funds and maintenance funds; be responsible for organizing the implementation of these measures.

Relevant administrative departments such as construction, electric power, post and telecommunications, environmental protection, public security, prices, industry and commerce, etc. shall coordinate the implementation of these Measures in accordance with their respective responsibilities.

Urban construction and management implement the form of "two levels of government, three levels of management, and four levels of network". The street offices and neighborhood committees of the four districts in the city should register corresponding property management companies and do a good job in property management. .

The government provides certain preferential policies for the socialized management of logistics support for non-combat troops and armed police forces stationed in the area.

Chapter 2 Property Management Company and Its Responsibilities

Article 6 A property management company is a business unit engaged in property management and providing paid services, and has independent corporate legal person status.

Article 7 The establishment of a property management company must meet the following conditions:

(1) Have a name and organizational structure that conforms to the company's legal person registration;

<2) Have a fixed location suitable for property management and business activities;

(3) Have registered capital commensurate with the scale of business;

(4) Have junior or higher qualifications in engineering, economics, accounting, etc. More than one professional and technical personnel each;

(5) Other conditions stipulated by laws and regulations.

Article 8 To establish a property management company, it must be submitted to the municipal real estate administrative department for review, obtain a "Property Management Enterprise Qualification Certificate", and obtain a "Business License" before it can start business.

Article 9 The "Property Management Enterprise Qualification Certificate" shall implement an annual inspection system.

Employees of property management companies implement a certificate-based employment system. Practitioners must hold a job certificate issued by the municipal real estate administrative department to practice.

Article 10 When a property management company accepts entrustment, it shall implement invitation bidding and public bidding systems.

Article 11 The property management company shall implement property management of the residential area in accordance with the residential area property entrustment management contract and sign a written contract. The entrusted management contract shall be reported to the municipal real estate administrative department for filing within fifteen days after signing.

Article 12 The property management company shall manage the following matters within the residential area:

(1) The use, repair and maintenance of the house;

(2) The use, repair, maintenance and management of public facilities such as fire protection, elevators, electromechanical equipment, street lights, corridors, bicycle rooms (sheds), landscaping, ditches, ditches, pools, wells, roads, parking lots, etc.; < /p>

(3) Cleanliness;

(4) Vehicle driving and parking;

(5) Public order;

(6) Other property management matters stipulated by the municipal real estate administrative department and the entrusted management contract.

Article 13 Rights of the property management company:

(1) According to relevant laws and regulations, combined with the actual situation, formulate property management measures for this residential area;

< p>(2) Collect management fees in accordance with the entrusted management contract and relevant regulations;

(3) Stop violations of property management regulations in residential areas;

(4) Select a specialized company Undertake special business operations;

(5) For owners and users who fail to pay various due fees without reason, the property management company may require them to pay within a time limit and charge late payment fees in accordance with regulations.

Article 14 Obligations of property management companies:

(1) To serve the owners as its purpose and pay attention to social, economic and environmental benefits;

(2) Implement property management for residential areas in accordance with the standards and entrusted management contracts stipulated by the municipal real estate administrative department;

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

(4) ) Organize or assist relevant departments to provide community life services and carry out community cultural activities;

(5) Engage in business activities in accordance with laws, regulations and relevant provisions of the municipal government.

Fifteenth Dear Property management service charges should follow the principles of fairness, reasonableness, openness and commensurate with the level of management services.

Article 16 Property management service charges include the following items;

(1) Management fees. Used for the daily management of the property management area, including inspections and inspections within the property management area, financial management of property maintenance and update costs, storage of property archives and other related property management services;

(2) House equipment operating expenses. Fees required for operating services of elevators, water pumps and other building equipment;

(3) Greening management fees. Used for watering and pruning green spaces, flowers and plants;

(4) Cleaning fees. Used for the expenses required for daily cleaning services in the property management area;

(5) Security fees. Expenses required for daily security services in the property management area;

(6) Maintenance fees. The cost of property maintenance services.

The expenses in items (1), (2), (3), (4), and (5) of the preceding paragraph are calculated on a monthly basis, and the expenses in item (6) are calculated on the basis of actual maintenance items.

Article 17 The charging standards for property management services are determined in accordance with the following provisions:

(1) The charging standards for residential public services shall be determined by the municipal price administrative department in conjunction with The municipal real estate administrative department shall formulate and obtain the "Charging License" issued by the municipal price administrative department.

(2) The charging standards for other services shall be determined by the property management company through negotiation with the owners committee or owners and users.

Article 18 If the owner and the user agree that the user will pay property management service fees, the agreement shall prevail.

Property management service fees can be collected in advance upon agreement, and the period of advance collection shall not exceed three months.

Article 19 The charging items and standards of property management companies shall be announced. Where property management service fees have been collected from owners or users in accordance with these Measures, no other unit or individual may repeatedly charge fees of the same nature.

If the property management company provides services on its own without being entrusted by the owners' committee or the owners or users, the owners or users do not have to pay.

Article 20 If the property management company’s management of residential areas fails to meet the standards stipulated in the municipal real estate administrative department and the entrusted management contract, or violates the provisions of the entrusted management contract, the owners’ committee or the entrusting party may terminate the property management company. contract.

The 21st property management company shall, within ten days after the termination or rescission of the property management service contract, notify the owners committee to handle the following matters and report to the municipal real estate administrative department for filing;

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(1) Settlement of property management service fees collected in advance according to actual conditions, and refund the overcharged portion;

(2) Hand over all property files and relevant financial account books;

(3) Hand over the owner’s owned house, site and other property.

Chapter 3 Owners’ Autonomous Management

Article 22 The owners’ committee is under the guidance of the municipal real estate administrative department and represents all owners in the property management area to implement autonomy in the property area. A management organization that represents and protects the legitimate rights and interests of property owners.

Article 23: The owners’ committee shall be elected by the owners’ conference or the owners’ congress, and the members of the owners’ committee shall be the owners.

If one of the following circumstances occurs in a property management area, the municipal real estate administrative department shall organize the first owners' meeting or owners' representative meeting together with the residential sales unit to elect an owners' committee:

(1) The sales floor area of ??public housing reaches more than 30%;

(2) The sales floor area of ??new commercial housing reaches more than 50%;

(3) The residence has been sold for more than two years.

Article 24 The owners committee shall, within 15 days from the date of election, register with the civil affairs department with the following documents and then file with the municipal real estate administrative department;

( 1) Application for registration of the establishment of the owners committee;

(2) List of members of the owners committee;

(3) Articles of association of the owners committee;

(4) Owners' covenant .

Article 25 Rights of the owners committee:

(1) Convene and preside over the owners meeting;

(2) Formulate the charter of the owners committee and the owners' covenant ;

(3) Select or re-employ a property management company, and sign an entrusted management contract with the property management company;

(4) Review the annual plan for property management services proposed by the property management company , financial budget and final accounts;

(5) Inspect and supervise the implementation of property management work and the implementation of rules and regulations.

Article 26 Obligations of the Owners Committee:

(1) Assist the property management company in implementing various management measures;

(2) Supervise the implementation of the owners’ committee

(3) Accept the supervision of the owner;

(4) Accept the municipal real estate administrative department Guidance and supervision;

(5) Coordinate the relationship between owners and property management companies.

Chapter 4 Takeover, Use and Maintenance of Property

Article 27 The development and construction unit shall pass the comprehensive acceptance after the completion of the project and receive the "Comprehensive Acceptance Certificate" issued by the relevant department 》After that, you must go to the municipal real estate administrative department to apply for property transfer procedures.

Article 28 For properties that have been handed over, the owners committee and the property management company shall sign an entrustment management contract.

Before the establishment of the owners committee, the development and construction unit entrusts the property management company to manage the property and signs an entrustment management contract.

Article 29 When handing over the property, the development and construction unit shall submit the following project legal information to the owners committee and the property management company:

(1) Completion acceptance certificate and relevant Information;

(2) Planning master plan;

(3) Completion master plan;

(4) Underground pipe network completion field;

(5) A complete set of construction drawings;

(6) Other necessary information.

Article 30 When handing over the property, the development and construction unit shall provide a certain proportion of property management buildings, and the property rights shall belong to all owners.

Article 31 The owner or user shall comply with the following regulations when using the house:

(1) The structure, purpose and appearance of the house shall not be changed without the approval of the relevant departments;

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(2) No unauthorized cutting or demolition of the internal and external walls, beams, columns, floors, balconies, platforms, roofs and passages of the house is allowed;

(3) No piling inside or outside the house Flammable, explosive, poisonous, radioactive and other dangerous items that are harmful to house safety and human health;

(4) Shall not infringe on the legitimate rights and interests of others;

(5) Shall not Use the house to engage in activities that are illegal and contrary to social ethics.

Article 32 The responsibility for maintenance of the house shall be divided according to the following provisions;

(1) The owner is responsible for the maintenance of the indoor parts;

(2) The property management company organizes regular maintenance and repair of the exterior walls of the house, stairwells, passages, roofs, water pipes, public water tanks, pressurized water pumps, mechanical and electrical equipment, public antennas and fire-fighting facilities. , the fees are paid from public service charges.

Major maintenance project costs for public facilities in residential areas shall be paid from the special fund for public facilities, and the shortfall shall be shared according to the proportion of the residential building area owned by the owner.

Article 33 Public facilities such as roads, ditches, septic tanks, sewage wells, strips, street lights, entertainment venues, parking lots, and bicycle sheds in residential areas shall be managed and maintained by the property management company. Management and maintenance costs are paid from public service charges.

Article 34 The maintenance of water, electricity, heating, gas, communication and other pipelines outside the residential area shall be the responsibility of water supply, power supply, heating, gas supply, communication and other units respectively.

Article 35 The following behaviors are not allowed in residential communities:

(1) Building various illegal buildings and stacking items in open spaces in the community;

(2) Occupying public facilities such as stairwells, passages, roofs, dry platforms, roads, parking lots, etc., affecting their normal functions;

(3) Invading or damaging green spaces, flowers, trees, and garden ornaments, and trampling on them Garden lawn;

(4) Posting slogans, advertisements and various notices, hanging billboards or objects without authorization;

(5) Damaging or painting public facilities; < /p>

(6) Throwing peels, waste paper and debris everywhere; dumping garbage and sewage everywhere, spitting and urinating everywhere;

(7) Dumping non-domestic use into the garbage channel Garbage, sewage, and dumping of excessively large waste;

(8) Raising poultry and livestock;

(9) Discharging toxic and harmful substances;

(10) Parking vehicles at will and honking horns indiscriminately;

(11) Connecting water, electricity, gas, drainage and other pipelines or digging roads without authorization;

(10) 2) Other behaviors prohibited by laws, regulations and municipal government regulations.

Article 36 Relevant professional departments must hold a construction permit issued by the relevant department when excavating, burying or repairing water supply, power supply, drainage, heating, gas, post and telecommunications and other pipelines in residential areas. To obtain a certificate, contact the owners committee in advance, sign an agreement and pay a certain deposit before starting construction. The deposit will be refunded after the excavated road surface, green space, etc. are restored to their original condition. The security deposit is held in escrow by the property management company.

Chapter 5 Management and Function of Maintenance Fund

Article 37 Maintenance of residential parts, equipment and facilities for use shall be established fund.

The maintenance fund is collected according to the following regulations:

(1) When commercial housing is sold, six-story residences are charged at 2% of the sale price, and residences with six floors or above are charged at 3% of the sale price.

(2) When the unit sells public housing, 20% of the sale price will be withdrawn.

(3) Purchasers of public housing are charged 2% of the purchase price.

The property maintenance fund shall be used for the maintenance and renewal of the first-class parts of the residence, first-class equipment and first-class facilities, and shall not be used for other purposes. The maintenance fund is managed in a special account.

When the unit selling the house handles property rights registration, the maintenance fund should be handed over to the municipal real estate administrative department for custody.

The management and use of property maintenance funds shall comply with the "Measures for the Management of Maintenance Funds for Residential Parts and Facilities and Equipment Maintenance" issued by the Ministry of Construction and the Ministry of Finance (Jianshehuang [1998] No. 213) .

When repairing or updating the utilitarian parts, utilitarian equipment, and utilitarian facilities of a residence, the owners’ committee shall submit an application to the municipal real estate administrative department, and the municipal real estate administrative department shall review the repairs. After the project is appraised and the budget is reviewed, it must be submitted to the municipal government for approval before use. Project maintenance shall be carried out by a qualified professional team designated by the municipal real estate administrative department.

Article 38 When the owner transfers the residence, the property maintenance fund will not be refunded and will continue to be used for the maintenance of the first-class parts of the residence, first-class equipment and first-class facilities. Novation, the remainder of which is paid by the owner, is payable by the transferee to the transferor.

Chapter 6 Legal Responsibilities

Article 39 Those who have not applied for the "Property Management Enterprise Qualification Certificate" to engage in property management activities shall be reissued within a time limit and shall be issued by the municipal real estate administrative director. The department imposed a fine of 1,000 yuan.

Article 40 If the maintenance fund is not handed over to the municipal real estate administrative department, it must be handed over within a time limit, otherwise the housing rights registration will not be processed.

Article 41 If the party concerned is dissatisfied with the administrative penalty decision, he may apply for administrative reconsideration or file a lawsuit in the People's Court in accordance with the relevant provisions of the Administrative Reconsideration Law and the Administrative Litigation Law. If the person fails to apply for reconsideration or file a lawsuit with the People's Court within the time limit, and fails to implement the decision, the authority that made the penalty provisions shall apply to the People's Court for compulsory execution.

Chapter 7 Supplementary Provisions

Article 42 The management of non-residential properties within the property management area and the property management within the jurisdiction of the banner county shall be implemented with reference to these measures.

Article 43 The Municipal Real Estate Administration Bureau is responsible for the interpretation of specific application issues of these measures.

Article 44 These Measures shall come into effect from the date of promulgation. The "Interim Measures for Property Management of Hohhot City" formulated in 1996 were abolished at the same time. ;