Shandong Provincial Property Management Regulations (2)

2017 Shandong Provincial Property Management Regulations

Chapter 4 Property Use and Owner Autonomous Management

Section 1 General Provisions

Chapter Article 44 The owner or property user shall abide by the relevant laws, regulations, management regulations and temporary management regulations when using the property, and shall not engage in the following behaviors:

(1) Damage to the load-bearing structure of the house and other violations of house decoration Behaviors that violate the decoration regulations;

(2) Behaviors that violate planning regulations such as illegal construction of buildings and structures, private doors and windows;

(3) Encroachment on, damage to corridors, green spaces and other properties

(4) Violations of property management regulations such as unauthorized use of houses, use of public facilities and equipment;

( 5) Random dumping of garbage, debris and other behaviors that violate city appearance and environmental sanitation regulations;

(6) Stacking of flammable, explosive, highly toxic or radioactive items, discharging toxic or harmful substances or exceeding prescribed standards Noise and other violations of environmental protection regulations;

(7) Occupying fire escapes and other violations of fire management regulations;

(8) Gambling, using superstitious activities to harm society, and raising animals Interfering with the normal life of others and other violations of public security management regulations;

(9) Other behaviors prohibited by laws, regulations, management regulations, and temporary management regulations.

If property service companies and owners committees discover any behavior specified in the preceding paragraph, they shall dissuade and stop it and report it to the relevant departments.

Article 45 If the owner or property user closes the balcony and installs facilities such as air conditioners, solar water heaters, anti-theft nets, sunshades, etc., he shall abide by the management regulations, temporary management regulations and property management regulations. Regulations to keep the property clean and beautiful.

Owners who use the roof to install solar water heaters and other facilities must not damage the roof and affect the safety of the house. The owner on the top floor of the property and the property service company must cooperate.

Owners should dump garbage in accordance with relevant regulations on garbage classification and collection.

Article 46 If an owner rents out a house, he or she shall notify the owners committee and the property service company.

Owners shall not violate laws, regulations, management regulations, and temporary management regulations by changing residences, garages, or other ancillary facilities into commercial buildings. If an owner needs to change his residence, garage or other ancillary facilities into commercial housing due to special circumstances, he shall submit a written application to the owners committee or community residents committee, and only after obtaining the consent of the interested owners, can he apply to the relevant departments in accordance with the law. Related procedures.

Section 2 Decoration and Decoration of Residential Properties

Article 47 Before the start of the residential decoration project, the owner or property user shall register with the property service enterprise with relevant information Procedures; if it is necessary to submit to relevant departments for approval according to regulations, the approval procedures must be completed in accordance with the law.

If the owner refuses to go through the registration and approval procedures, the property service company has the right to prohibit decoration construction personnel from entering the property management area in accordance with the management regulations or temporary management regulations.

Article 48 The owner or property user shall sign a residential decoration service agreement with the property service enterprise.

The residential decoration service agreement shall include the following contents:

(1) Implementation content and implementation period of the decoration project;

(2) Permission for construction Time;

(3) Waste removal and disposal;

(4) Installation requirements for residential facade facilities and anti-theft facilities;

( 5) Prohibited acts and precautions;

(6) Collection and return of decoration deposit;

(7) Liability for breach of contract;

(8) Other needs agreed matters.

Article 49: The owner or property user shall inform the neighboring owners before starting the residential decoration project.

When property service companies inspect residential decoration activities, owners shall not refuse or obstruct them.

Section 3: Use of Garages and Parking Spaces

Article 50: Garages should give priority to meeting the parking needs of owners and property users. If the owner or property user requests to rent a garage, the construction unit shall not refuse on the grounds that it is only for sale but not for rent. The standard of garage rental fee shall be determined in accordance with the guidance price issued by the relevant department. After meeting the needs of owners and property users, if the construction unit rents the garage to units and individuals outside the property management area, the maximum term of each rental contract shall not exceed six months.

Garages planned for parking cars in the property management area shall be put into use first; garages that have not been fully utilized shall not occupy roads owned by the owner in the property management area or other sites other than those planned. parking space.

Article 51 If you occupy a road or other venue owned by the owner within the property management area to park your car, you must pay a parking space usage fee. The charging standard shall be determined by the owners' meeting after comprehensive consideration of the price of the garage rental fee. and other factors are determined. The parking space usage fee belongs to all owners.

Article 52 encourages construction units or other investors to construct and operate garages and three-dimensional parking facilities that meet the requirements of residential community planning conditions and with the consent of the owners’ conference and the urban and rural planning authorities. Owner parking needs.

For those who use underground space to build and operate garages, governments at or above the county level should provide preferential treatment in terms of floor area ratio determination and other aspects.

Article 53 If the owner needs to park his car within the property management area, he shall agree on the parking location with the property service company in advance and shall not occupy roads or other sites without authorization.

If the owner has requirements for car care, he should make a separate agreement with the property service company.

Section 4 Owners’ Autonomous Management

Article 54 Owners shall enjoy the following rights in property management activities:

(1) In accordance with the property service contract

(2) Propose to convene a meeting of the owners’ meeting and make suggestions on matters related to property management;

(3) Propose the formulation and Suggestions on amending the Management Statute, Temporary Management Statute, and Rules of Procedure of the Owners' Meeting;

(4) Participate in the Owners' Meeting and exercise voting rights;

(5) Elect members of the Owners' Committee, and Enjoy the right to be elected;

(6) Supervise the work of the owners committee;

(7) Supervise the performance of property service contracts by property service companies;

(8) Have the right to know and supervise the use of the most used parts of the property and the most common facilities and equipment;

(9) Supervise the management and use of special maintenance funds;

(10) ) Other rights stipulated in laws and regulations.

Article 55: Owners shall perform the following obligations during property management activities:

(1) Comply with the management regulations, temporary management regulations, and rules of procedure of the owners’ meeting;

(2) Comply with the rules and regulations on the use of public parts of the property, the use of public facilities and equipment, the maintenance of public order and environmental sanitation in the property management area;

(3) Implement the decisions of the owners' meeting and the decisions made by the owners' committee authorized by the owners' meeting;

(4) Pay special maintenance funds in accordance with relevant national regulations;

(5) Pay the property on time Service fee;

(6) Other obligations stipulated by laws and regulations.

Article 56 Management regulations and temporary management regulations shall cover the use and management of the property, the owner’s public interests, the owner’s rights and obligations, the method of collection and payment of property service fees, and the liability for violations of regulations. responsibilities and other matters shall be stipulated.

The management agreement and temporary management agreement are binding on all owners and property users. For owners who refuse to pay property service fees, the owners' committee will urge them to pay the property service fees, and the owners' committee can make the notice public in a conspicuous location within the property management area.

Article 57 advocates that the owners’ committee directly collects property service fees from the owners and pays the property service fees to the property service company in accordance with the contract; if the owners’ committee directly collects property service fees from the owners, the property services Businesses should assist.

The distribution of income generated by the owner’s partial use of the property will be decided by the owners’ meeting; if no decision is made, it will mainly be used to supplement special maintenance funds, and can also be used for the activities of the owners’ committee and owners’ meeting. funds or offset property service fees.

Article 58 The owners committee shall regularly announce in writing in a conspicuous position within the property management area the collection and use of special maintenance funds and the accounts of partial proceeds; the owners committee shall collect the funds directly from the owners If the property service fee or the remuneration system is adopted, the income and expenditure of the property service fee should also be announced.

Chapter 5 Property Service Enterprises

Section 1 Property Service Enterprises

Article 59 Property service enterprises are those established in accordance with the law and have obtained corresponding qualifications Corporate legal persons engaged in property management activities.

Property service companies shall engage in property management activities within the scope permitted by their qualification levels.

Property service enterprises shall not transfer or transfer the property service enterprise qualification certificate in disguised form in the form of leasing, lending, affiliation, etc.

Article 60: Property service enterprises shall have corresponding professional engineering and technical personnel and have the ability to provide special services to owners.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant national regulations.

Article 61 Property service companies may hire professional service units to undertake special services such as facility and equipment repair and maintenance, cleaning and sanitation, landscaping, house repair, order maintenance, etc., but they shall not transfer all services within the property management area. Property management is also entrusted to other units or individuals.

Article 62: The property management department shall strengthen the supervision and management of property service enterprises, conduct regular assessments of their service quality, and promote property service enterprises to improve their service levels.

Property service companies shall regularly submit credit file information, statistical reports and other relevant materials to the property management department.

Article 63: The legitimate rights and interests of property service enterprises shall be protected by law. No unit or individual may force property service companies to collect relevant fees or provide free services.

Section 2 Industry Self-Discipline

Article 64 Property service companies shall, under the guidance of the property management department, establish industry self-discipline organizations to standardize industry behavior, promote honest operations, and improve Property service level and safeguard the legitimate rights and interests of property service companies.

Article 65 The property industry self-regulatory organizations may, in accordance with relevant national and provincial regulations, formulate property service specifications and grade standards, establish and improve the self-discipline system for property service enterprises and property service practitioners, and cooperate with property managers The department establishes and improves credit files.

Chapter 6 Property Services

Section 1 Property Service Content and Contract

Article 66 Property Service Content mainly includes the following matters:

(1) The use, management and maintenance of the public parts of the property and public facilities and equipment;

(2) The maintenance of public greening;

< p>(3) Maintenance of environmental sanitation in public areas;

(4) Assistance and management services for order maintenance, safety precautions and other matters in public areas;

(5) Obligations to inform, discourage, and report prohibited behaviors during property use;

(6) Accounting management of property maintenance, renewal, and renovation costs;

(7) Storage of property service files and property files;

(8) Other property management matters.

Article 67: The owners' committee, authorized by the owners' conference, signs a property service contract with a property service enterprise or other manager selected through bidding or agreement.

The property service contract shall stipulate the property service content, service standards, charging standards, property service rooms, management and use of special maintenance funds, contract period, rights and obligations of both parties, liability for breach of contract, etc.

The property service contract shall stipulate the obligations and responsibilities of the property service enterprise in relation to the personal and property safety of owners and property users.

After the property service contract is signed, the owner has the right to make inquiries.

Property service companies shall file a record with the property management department within ten days from the date of signing the property service contract.

Article 68: To terminate or terminate a property service contract, the necessary notification obligations shall be fulfilled in accordance with the contract; if the contract does not stipulate a notice period, a notice shall be given 60 days in advance.

After the property service contract is terminated or terminated, the property service enterprise shall go through exit procedures with the owners committee in accordance with legal provisions and contractual agreements, and perform the following handover obligations:

(1) Transfer for safekeeping Property files and property service files;

(2) Relevant information regarding the renovation, repair, operation and maintenance of properties and facilities and equipment formed during the provision of property services;

(3) Handing over the property service building;

(4) Clearing the relevant fees collected in advance and on behalf of the agency;

(5) Other matters stipulated by laws and regulations.

If a property service enterprise fails to fulfill its notification obligations and complete exit handover procedures in accordance with the contract, it shall not evacuate the property management area or stop property services without authorization.

Section 2: Property Service Charges

Article 69: Property service charges shall be subject to government-guided prices and market-regulated prices. The property service charges for ordinary residential properties are subject to government-guided prices; the property service charges for other properties are subject to market-regulated prices.

When government-guided prices are implemented, the price department shall work with the property management department to formulate corresponding benchmark prices and floating ranges based on the types of residential properties, service content, service levels and price index changes, etc., and set them annually. Announce to the public. The specific charging standards are agreed upon in the property service contract between the owner and the property service company based on the base price and floating range.

If a property service enterprise provides special services other than those specified in the property service contract for property owners or property users, the charging standards may be agreed separately.

Article 70: Property service fees may be paid on a lump sum basis or on a remuneration basis. The specific charging method shall be stipulated in the property service contract. If the remuneration system is implemented, the property service enterprise shall establish a ledger for the income and expenditure of various funds for property services in accordance with regulations, and accept the verification of the owners' committee.

Article 71 For properties that have been completed but have not been sold or delivered, the property service fees shall be borne by the construction unit. For properties that have been delivered, property service fees shall be borne by the owner, unless otherwise agreed between the construction unit and the owner.

If the property remains vacant for a long time after delivery, the property service fee charging standards shall be stipulated in the property service contract.

Article 72: If a property service enterprise violates regulations and property service contracts by expanding the scope of charges, raising charging standards, or duplicating charges without authorization, the owners' committee or owners have the right to refuse.

If the property service enterprise performs its obligations according to the contract, the owner shall pay the property service fee on time, and shall not refuse to pay on the grounds of giving up the owner's rights. When the property ownership is transferred, the owner shall settle the property service fee.

Article 73: Professional business units shall collect fees from end users in accordance with the service contracts signed with the owners.

If a property service enterprise accepts the entrustment of a professional business unit to collect fees, it shall not charge additional fees such as handling fees from the owner, but may collect remuneration from the professional business unit according to the agreement.

Professional business units shall not force property service companies to collect fees on their behalf, and shall not stop providing services to end users because property service companies refuse to collect relevant fees.

Chapter 7 Maintenance of Property

Section 1. Warranty Responsibilities of the Construction Unit

Article 74 The construction unit shall establish and improve the property after-sales maintenance service system , assume the warranty responsibility for the property in accordance with the warranty period and scope stipulated by the relevant national and provincial regulations.

The construction unit may entrust the property service company with matters related to property warranty, sign an entrustment contract, and pay corresponding remuneration to the property service company.

Article 75: A quality warranty deposit system is implemented for newly built properties.

Before the delivery of a new property, the construction unit shall pay a one-time property quality warranty deposit to the account established by the property management department at a proportion of 3% to 5% of the total construction and installation cost of the property.

If the construction unit purchases project quality liability insurance, the insured property does not need to deposit property quality warranty funds.

For properties that have passed residential performance certification, the proportion of property quality warranty deposits deposited by the construction unit can be appropriately reduced.

Article 76 If the construction unit fails to perform its warranty obligations, the owner, the owners' committee or the property service company entrusted by them may submit an application. After verification by the property management department, the maintenance costs will be listed in the property quality warranty fund. branch.

Article 77 After the expiration of the quality warranty period for the property branch project, if the construction unit has fulfilled its statutory warranty responsibilities, the property management department shall promptly refund the principal and interest balance of the property quality warranty fund corresponding to the branch project. construction unit.

Article 78: The property management department shall implement unified supervision and management of the deposit, use, management and return of property quality warranty funds. Specific measures shall be formulated by the provincial construction administrative department.

Section 2 Maintenance of proprietary parts

Article 79 After the expiration of the property warranty period, the owner is responsible for the maintenance and repair of the proprietary parts.

When the owner’s exclusive part endangers safety, affects the view, hinders public interests, or otherwise affects the normal use of the property, the owner or property user shall maintain and repair it in a timely manner, and the owner of the adjacent property shall provide convenient.

Article 80 When an owner leaves a property vacant for a long time, he shall inform the property service company, negotiate with the property service company on the maintenance, repair, management and other matters of the exclusive part, and take measures to prevent water leakage and air leakage. Wait for the accident to happen.

Section 3 Maintenance of utilitarian parts and utilitarian facilities and equipment

Article 81 After the expiration of the property warranty period, the maintenance of utilitarian parts within the property management area Responsibility for the maintenance and management of parts and public facilities and equipment shall be jointly borne by the owner; the owner may entrust it to the property service company.

Used parts mainly include residential foundations, load-bearing walls, columns, beams, floors, roofs, and outdoor walls, foyers, stairwells, corridors, etc.; special facilities and equipment It mainly includes elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lights, ditches, pools, wells, public welfare cultural and sports facilities and houses used for public facilities and equipment, etc.

Special equipment such as elevators and regional boilers that belong to the owner shall be entrusted by the property service company or the owner to a professional service unit in accordance with the property service contract and in accordance with the relevant provisions of special equipment management laws and regulations. Maintenance, maintenance.

Article 82 Owners of residential properties and non-residential properties in residential communities shall deposit the first phase of special maintenance funds into a special maintenance fund account before moving in. The deposit, use and management of special maintenance funds shall be carried out in accordance with relevant national and provincial regulations.

Other non-residential properties shall pay special maintenance funds with reference to residential properties.

Section 4 Maintenance of professional operating facilities and equipment

Article 83 Water supply, power supply, gas supply, heating, communications, cable TV, broadband data transmission, etc. in residential areas Professional business units shall bear the responsibilities and related expenses for the repair, maintenance, and updating of household metering devices or facilities and equipment other than household entrance ports.

When a professional business unit repairs, maintains, or updates professional business facilities and equipment, the owner shall cooperate.

Article 84: Professional business units may entrust the maintenance and upkeep of professional business facilities and equipment to property service companies, and property service companies may collect remuneration from professional business units in accordance with the entrustment contract.

Expenses such as maintenance and upkeep of professional business facilities and equipment shall not be expensed from special maintenance funds.

Chapter 8 Community Property Management and Old Residential Area Property Management

Section 1 Community Property Management

Article 85 Street Office, Township ( The community management agency of the town) government specifically guides and coordinates the relevant work of property management.

Article 86 Property management, urban management law enforcement, public security, urban and rural planning, environmental protection and other departments shall establish a complaint registration system for illegal activities, and publish the name and contact information of the contact person in the property management area. Behaviors are dealt with promptly.

Article 87: Implement the property management joint meeting system.

The property management joint meeting is convened by the sub-district office and the township (town) government, and is composed of community residents' committees, public security police stations, property service companies, owners' committees or owners' representatives, professional business units and urban management law enforcement, property management Management and other departments participated.

The joint meeting mainly coordinates the following matters:

(1) Situations in which owners committees and relevant departments fail to perform their duties in accordance with the law;

(2) Property service companies in Problems that arise during the implementation of exit procedures and handover work;

(3) Emergencies occurring within the property management area;

(4) The connection and cooperation between property management and community management ;

(5) Other property management matters that require coordination.

Article 88 If any disputes arise over property management among owners, owners’ conferences, owners’ committees, property service companies, professional operating units, and construction units, they shall resolve them through negotiation on their own; if the negotiation fails, they may submit to the The community residents' committee or joint meeting may apply for mediation, or may apply for arbitration or file a lawsuit in the People's Court in accordance with the law.

Article 89 Relevant departments and units shall carry out cultural education, medical and health, sports fitness, family planning and other community service activities within the property management area, as well as publicity and popularization of emergency response knowledge and emergency drills , owners, owners committees, property service companies and professional business units should provide assistance and cooperation.

Section 2 Property Management of Old Residential Areas

Article 90: The districted city and county (city, district) governments have completed and put them into use but have incomplete supporting facilities. For old residential areas with poor environmental quality, measures should be taken to renovate and renovate them, and the renovation and remediation plans and annual plans should be announced to the public.

The scope of old residential areas is demarcated by the city and county (city, district) governments divided into districts.

The funds for the renovation and construction of supporting buildings and facilities such as roads, lighting, green spaces, community services, culture and sports, safety precautions, and property service buildings in old residential areas will be borne by the government; development project facilities are not supported The remaining problems such as water supply, power supply, gas supply, heating supply, communications, cable TV, broadband data transmission and other professional operating facilities and equipment shall meet the conditions of household measurement and household control, and their construction expenditures shall be borne by relevant The professional operating unit shall bear the expense; the owner shall bear the expenses for the renovation of facilities and equipment exclusive to the owner. If the districted city or county (city, district) governments have other provisions on investment responsibilities, those provisions shall prevail.

Article 91 During the renovation and remediation of old residential areas, with the consent of interested owners and with planning permission, property service buildings and a certain proportion of commercial uses may be constructed in accordance with relevant regulations. house. Commercial buildings can be used for rental operations, and the operating income is used as supplementary funds for the maintenance and management expenses of the old residential area, and is used under the supervision of the owners' conference.

The costs of environmental sanitation, greening, and maintenance of municipal facilities that were borne by relevant departments and units before the renovation and renovation will still be subsidized by them after the renovation and renovation.

Article 92 After the renovation and renovation of the old residential area is completed, the sub-district office and township (town) government shall organize the owners to establish an owners’ meeting, and the owners’ meeting shall decide to hire a property service company or other manager for management. property. Property management before the establishment of the owners' meeting is organized and implemented by the community residents' committee.

Article 93 For old residential areas where a special maintenance fund system has not been established, the owners shall pay special maintenance funds in accordance with relevant national and provincial regulations; property service companies may collect funds on behalf of the owners in accordance with the property service contract. Special maintenance funds. Partial income from parking space usage fees and other fees will be mainly used to supplement special maintenance funds.

Chapter 9 Legal Responsibilities

Article 94 If laws and regulations have provided for penalties for violations of these Regulations, the provisions shall be followed; if laws and regulations have not provided for penalties If there are penalties stipulated, they shall be implemented in accordance with the provisions of these regulations.

Article 95 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be punished by the property management department:

(1) The property service enterprise fails to submit credit reports in accordance with regulations File information, statistical reports and other relevant materials shall be ordered to make corrections within a time limit; if corrections are made within the time limit, a fine of not less than 3,000 yuan but not more than 10,000 yuan shall be imposed;

(2) Property service companies evacuate the property management area without authorization, Anyone who stops property services or fails to go through exit procedures and perform corresponding obligations shall be fined not more than 50,000 yuan; if the circumstances are serious, the department that issued the qualification certificate shall revoke its qualification certificate;

(3) The construction unit fails to Those who deposit property quality warranty funds in accordance with the law shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined not less than RMB 100,000 but not more than RMB 300,000.

Article 96 If a professional business unit violates the provisions of these Regulations and refuses or delays investment in construction or acceptance of professional business facilities and equipment without justifiable reasons, the city or county (city, district) government with districts shall order it. Correction deadline. If it affects the delivery and use of the house, the normal life of the owner, or causes personal or property damage, the professional business unit shall bear the corresponding liability for compensation.

Article 97 If an owner or property user violates the provisions of Articles 44 and 45 of these Regulations, the property management department or other relevant departments will give a warning and order him to make corrections within a time limit; if the time limit is exceeded, If correction is not made, a fine of not less than RMB 2,000 but not more than RMB 10,000 shall be imposed. Those who cause losses to other owners shall bear civil liability in accordance with the law.

Article 98 If the decisions made by the owners’ meeting or the owners’ committee violate laws and regulations, the property management department or the sub-district office or township (town) government shall order them to correct or revoke their decisions within a time limit, and shall Notify all owners.

Article 99 If staff of property management departments, sub-district offices, township (town) governments and other relevant departments commit any of the following acts during property management work, they shall be punished in accordance with the law; constitute Those who commit crimes shall be held criminally responsible in accordance with the law:

(1) When conducting planning approval and design review of construction projects, failure to solicit real estate consultation on the configuration of supporting buildings and facilities and equipment in residential areas and the construction standards of professional business facilities and equipment Development, property management and other departments and professional business units;

(2) Failure to supervise the comprehensive acceptance and handover of residential communities in accordance with the provisions of these regulations;

(3) Failure to Preparing and organizing the owners' meeting in accordance with the provisions of these regulations;

(4) Misappropriating property quality warranty funds and special maintenance funds;

(5) Failure to convene in accordance with the provisions of these regulations Or participate in a property management joint meeting;

(6) Failure to promptly handle reports or complaints of illegal acts upon discovery;

(7) Other dereliction of duty or disciplinary action private fraud.

Chapter 10 Supplementary Provisions

Article 100 If the owner manages the property by himself, the relevant provisions of these regulations shall be followed.

Article 101 This Regulation shall come into effect on May 1, 2009. ;