2017 Property Management Regulations of Shandong Province
Chapter IV Use of Properties and Autonomous Management of Owners
Section I General Provisions
Article 44 The owner or property user shall comply with the relevant laws, regulations and provisions of the management statute and the temporary management statute in the use of properties, and shall not engage in the following Behavior:
(a) damage to the load-bearing structure of the house and other violations of the provisions of the house decoration;
(b) the construction of buildings and structures, doors and windows, and other violations of planning;
(c) encroachment, damage to the building, the green space and other property*** use of the parts of the property*** facilities and equipment, and other violations of the provisions of the property management;
(D) unauthorized change of housing use and other violations of housing management regulations;
(E) random dumping of garbage, debris and other violations of municipal environmental health regulations;
(F) stacking of flammable, explosive, highly toxic, radioactive substances, the emission of toxic and hazardous substances or exceed the prescribed standards of noise and other violations of environmental protection regulations;
(VII) Occupation of fire escapes and other violations of fire management;
(h) gambling, the use of superstitious activities harmful to society, raising animals to interfere with the normal life of others and other violations of public order management;
(ix) laws, regulations, and management statutes, temporary management statutes prohibit other behaviors.
Property service enterprises, owners' committees found in the preceding paragraph of the behavior, should be discouraged, stopped, and reported to the relevant departments.
Article 45 The owners or property users to close the balcony and the installation of air conditioning units, solar water heaters, anti-theft nets, sunshades and other facilities, shall comply with the management statute, temporary management statute and the relevant provisions of the property management, to maintain the property clean and beautiful.
The owners of the use of the roof to install solar water heaters and other facilities, shall not destroy the roof, affecting the safety of the house, the property owners of the top floor of the property and the property service enterprises should be cooperative.
Owners should be in accordance with the relevant provisions of the garbage classification and collection of garbage dumping.
Article 46 The owners of rental housing, shall inform the owners' committee and property service enterprises.
Owners shall not violate the laws, regulations and management statutes, temporary management statutes, the residence, garage or other ancillary facilities into business premises. Owners due to special circumstances need to change the residence, garage or other ancillary facilities for business purposes, should be to the owners' committee or the community residents committee to submit a written application, and by the consent of the owners of the interested parties before the relevant departments for the relevant procedures in accordance with the law.
Section II of the residential property decoration
Article 47 The owners or property users in the residential decoration works before the commencement of the project, shall hold the relevant information to the property services business registration procedures; in accordance with the provisions of the need to report to the relevant departments for approval, it shall be approved according to law.
The owner refuses to apply for registration, approval procedures, property services enterprises have the right to management statute or temporary management statute, prohibit the decoration of construction workers into the property management area.
Article 48 The owner or property user shall sign a residential decoration service agreement with the property service enterprises.
Residential decoration service agreement shall include the following:
(a) the implementation of decorative works and implementation of the content of the deadline;
(b) the time allowed for construction;
(c) the removal and disposal of waste;
(d) the installation of residential facilities and anti-theft facilities requirements;
(e) Prohibited behaviors and precautions;
(vi) Collection and return of renovation deposit;
(vii) Liability for breach of contract;
(viii) Other matters to be agreed upon.
Article 49 The owner or property user before the commencement of residential decoration works, shall inform the neighboring owners.
Property service enterprises on residential decoration activities for inspection, the owners shall not refuse and obstruction.
Section 3: Use of garages and parking spaces
Article 50: Garages shall give priority to owners and property users to meet the parking needs. Owners, property users request to rent a garage, the construction unit shall not be sold not rented as a reason for refusal, the standard of garage rental fees in accordance with the guidance issued by the relevant departments to determine the price. In order to meet the needs of owners, property users, construction units will be leased to units and individuals outside the property management area, the maximum duration of each lease contract shall not exceed six months.
Property management area planned for parking cars in the garage should be put into use as a matter of priority; garage has not been fully utilized, shall not be in the property management area to occupy the owners **** have the road or other sites set up outside the planning of the parking space.
Article 51 of the property management area occupying the owners **** have the road or other sites for parking cars, shall pay the parking space site use fees, charges by the owners' general meeting of the comprehensive consideration of the price of the garage rental fees and other factors to determine. Parking space site use fee belongs to all owners **** have.
Article 52 encourages the construction unit or other investors in the residential district planning conditions allow, and by the owners' general meeting and the competent department of urban and rural planning agreed to the case, the construction, operation of garages and three-dimensional parking facilities, to meet the owners of parking demand.
The use of underground space for the construction and operation of garages, the government at or above the county level shall give preferential treatment in the determination of plot ratio and other aspects.
Article 53 The owners need to park their cars in the property management area, should be agreed in advance with the property services business parking location, shall not occupy the road or other sites.
The owner of the car has to look after the requirements, should be agreed with the property service enterprises.
Section 4: Autonomous Management of Owners
Article 54 Owners shall enjoy the following rights in property management activities:
(1) To accept the services provided by the property service enterprise in accordance with the agreement of the property service contract;
(2) To propose the convening of owners' general assembly meeting and to make suggestions on the matters related to the management of property;
(3) To propose the formulation and modification of the management statute, the temporary management agreement, and the temporary management agreement. Propose the formulation and amendment of the management statute, temporary management statute and rules of procedure of the owners' meeting;
(d) Participate in the meeting of the owners' meeting and exercise the right to vote;
(e) Elect the members of the owners' committee and enjoy the right to stand for election;
(f) Supervise the work of the owners' committee;
(g) Supervise the fulfillment of the property service contract by the property service enterprise;
(h) Supervise the performance of the property service contract by the property service enterprise;
(i) Supervise the performance of the property service contract by the property service enterprise;
(j) Supervise the performance of the property service contract by the owner; and Contract;
(viii) the property *** use parts, *** use facilities and equipment use of the right to know and the right to supervise;
(ix) supervise the management and use of special maintenance funds;
(x) other rights provided by laws and regulations.
Article 55 The owners of the property management activities, to fulfill the following obligations:
(a) to comply with the management statute, the temporary management statute, the rules of procedure of the owners' general meeting;
(b) to comply with the rules and regulations in the property management area of the property **** parts, **** the use of facilities and equipment, the maintenance of public **** order and environmental hygiene;
(C) the implementation of the decisions of the owners' meeting and the owners' meeting authorized the owners' committee to make decisions;
(D) in accordance with the relevant provisions of the State to pay the special maintenance funds;
(E) on time to pay the property service fees;
(F) laws and regulations provide for other obligations.
Article 56 The management statute, the temporary management statute should be the use of property, management, owners of public **** interests, the rights and obligations of owners, property service fees collection and payment of property service fees, violation of the provisions of the responsibility shall be borne by the provisions of the matter.
Management statutes, temporary management statutes on all owners and property users are binding. For owners who refuse to pay property service fees, the owners' committee to urge them to pay, and can be prominently displayed in the property management area.
Article 57 advocate the owners' committee directly to the owners of property service fees, and in accordance with the contractual agreement will be paid to the property service enterprises; owners' committee directly to the owners of property service fees, property service enterprises should be assisted.
The owners of the property *** part of the use of the income generated by the allocation of the owners' meeting to decide; did not decide, mainly used to supplement the special maintenance funds, but also as the owners' committee, the owners' meeting of the activities of the funds or offset the property service charges.
Article 58 The owners' committee shall regularly in the property management area of the prominent position of the written announcement of the special maintenance funds and *** have part of the proceeds of the accounts and so on; the owners' committee directly to the owners of the property service fees or the use of honorarium system of charging, but also shall be the property service fee income and expenditure to be announced.
Chapter V Property Service Enterprises
Section I Property Service Enterprises
Article 59 Property Service Enterprises, refers to the establishment of the law, to obtain the appropriate qualifications to engage in property management activities of the enterprise legal person.
Property service enterprises shall engage in property management activities within the scope of their qualification levels.
Property service enterprises shall not transfer or rent, lend, rely on and other forms of disguised transfer of property service enterprise qualification certificate.
Article 60 The property service enterprises should have the appropriate professional engineers and technicians, with the ability to provide special services for owners.
Personnel engaged in property management shall, in accordance with relevant state regulations, obtain professional qualifications.
Article 61 The property service enterprises can hire professional services to undertake facilities and equipment repair and maintenance, cleaning and sanitation, landscaping, housing repair, order maintenance and other special services, but shall not be property management area of the property management of all property management and entrusted to other units or individuals.
Article 62 The competent department of property shall strengthen the supervision and management of property service enterprises, regular assessment of the quality of their services, and promote property service enterprises to improve the level of service.
Property service enterprises shall regularly submit credit file information, statistical reports and other relevant information to the competent property department.
Article 63 The legitimate rights and interests of property service enterprises are protected by law. No unit or individual shall force the property service enterprises to collect the relevant fees and provide free services.
Section II of the industry self-discipline
Article 64 The property service enterprises shall, under the guidance of the competent department of the property, the establishment of industry self-regulatory organizations, standardize industry behavior, promote integrity management, improve the level of property services, and safeguard the legitimate rights and interests of property service enterprises.
Article 65 The property industry self-regulatory organizations in accordance with the relevant provisions of the state and province, the development of property service standards and grade standards, the establishment and improvement of property service enterprises and property service practitioners of the self-discipline system, with the competent property department to establish and improve the credit file.
Chapter VI Property Services
Section I. Property Services and Contracts
Article 66 Property services include the following matters:
(a) the use, management and maintenance of property **** parts and **** facilities and equipment;
(b) public **** greening (iii) Maintenance of environmental hygiene in the public **** area;
(iv) Assistance in management services for the maintenance of order in the public **** area, safety precautions, and other matters;
(v) The obligation to inform, discourage, and report on prohibited behaviors in the use of the property;
(vi) Accounting management of the costs of property maintenance, renewal, and reconstruction;
(vii) The management of the costs of property maintenance, renewal, and reconstruction;
(i) Maintenance of the property, renewal, and reconstruction of the property;
(ii) The use and management of the property and its facilities and equipments
(VII) property service files and property records of the custody;
(VIII) other property management matters.
Article 67 The owners' committee, authorized by the owners' meeting, and the property service enterprises selected through bidding or agreement or other managers to sign a property service contract.
The property service contract shall be the content of the property services, service standards, fees, property services, special maintenance funds for the management and use of the contract period, as well as the rights and obligations of both parties, the responsibility for breach of contract.
The property service contract should be on the property service enterprises in the relevant owners, property users personal, property security obligations and responsibilities.
After the signing of the property service contract, the owners have the right to inquire.
Property service enterprises should be signed within ten days from the date of the property service contract, to the property department for the record.
Article 68 The dissolution or termination of the property service contract, the contract shall be based on the contract to fulfill the necessary notification obligations; the contract does not agree on the period of notice, it should be sixty days in advance notice.
After the dissolution or termination of the property service contract, the property service enterprises and the owners' committee shall, in accordance with the provisions of the law and the contract for the withdrawal procedures, and to perform the following handover obligations:
(a) the transfer of custody of the property records, property service files;
(b) the provision of property services during the formation of the relevant property and facilities and equipment renovation, repair, operation,
(C) the transfer of property service rooms;
(D) the liquidation of pre-collected, collected on behalf of the relevant fees;
(E) laws and regulations provide for other matters.
Property service companies do not fulfill the contractual obligation to notify and handle the withdrawal of the handover procedures, shall not be withdrawn from the property management area or stop the property services.
The second section of the property service charges
Article 69 of the property service charges for the implementation of government-guided price and market-adjusted price. Ordinary residential property service charges, the implementation of government-guided prices; other property property service charges, the implementation of market-adjusted prices.
The implementation of the government-guided price, the price department shall, in conjunction with the property department, according to the type of residential property, service content, service level and price index changes, etc., the development of the corresponding benchmark price and fluctuations, and annually announced to the community. Specific charges by the owners and property service enterprises according to the benchmark price and fluctuations in the property services contract.
Property service enterprises for the owners or property users to provide special services other than those agreed in the property service contract, the fees can be agreed separately.
Article 70 The property service fee can be taken as a lump sum or honorarium system, the specific charges agreed by the property service contract. The implementation of the honorarium system of fees, property service enterprises shall, in accordance with the provisions of the property services of the funds of the establishment of accounts, and accept the verification of the owners' committee.
Article 71 has been completed and not yet sold or not yet delivered the property, property service fees borne by the construction unit. Delivered property, property service fees borne by the owners, unless otherwise agreed between the construction unit and the owners.
The property is delivered after a long period of vacancy, the property service charges should be agreed in the property service contract.
Article 72 The property service enterprises in violation of the provisions of the property service contract, unauthorized expansion of the scope of charges, raise the fees, repeat charges, the owners' committee or the owners have the right to refuse.
Property service enterprises to fulfill their obligations under the contract, the owners shall pay the property service fees on time, and shall not refuse to pay on the grounds of giving up **** have the right. Property ownership transfer, the owner shall settle the property service fees.
Article 73 professional operating units shall, in accordance with the service contract signed with the owner, to collect fees from end users.
Property service enterprises to accept the professional management unit commissioned on behalf of the fees, shall not be charged to the owners of the handling fees and other additional costs, but can be based on the agreement to the professional management unit to collect remuneration.
The professional management unit shall not force the property service enterprises to collect fees, and shall not stop providing services to end users because the property service enterprises refused to collect the relevant fees.
Chapter VII Maintenance of property
Section I of the warranty responsibility of the construction unit
Article 74 The construction unit shall establish and improve the after-sale property maintenance service system, in accordance with the relevant provisions of the national and provincial warranty period, the scope of the warranty, to assume the responsibility for the warranty of the property.
The construction unit can be property warranty matters entrusted to the property service enterprises, and signed a contract of entrustment, to pay the corresponding remuneration to the property service enterprises.
Article 75 of the new property quality warranty system.
The construction unit shall be delivered in the new property, according to the property construction and installation of the total cost of three to five percent of the proportion of a one-time deposit to the account set up by the competent property department of the quality of the property warranty.
The construction unit has purchased a project quality liability insurance, the property covered by the property quality warranty may not be deposited.
Through the residential performance recognition of the property, the construction unit to deposit the proportion of property quality warranty can be appropriately reduced.
Article 76 The construction unit does not fulfill the warranty obligation, the owners, the owners' committee or its entrusted property service enterprises can apply, after verification by the competent property department, the repair costs in the property quality warranty.
Article 77 After the expiration of the warranty period of the quality of the property division of the project, the construction unit to fulfill the statutory warranty obligations, the property department shall be corresponding to the division of the project and the property quality warranty principal and interest balance returned to the construction unit in a timely manner.
Article 78 The property department shall deposit the property quality warranty, use, management and refund the implementation of unified supervision and management. Specific measures developed by the provincial administrative department of construction.
The second section of the maintenance of proprietary parts
Article 79 After the expiration of the property warranty period, the owner of the proprietary part of the maintenance, repair, the owner is responsible for.
The owner of the proprietary part of the hazardous security, affecting the view, hindering the public **** interests and other circumstances affecting the normal use of property, the owner or property user shall timely maintenance, repair, neighboring property owners should be facilitated.
Article 80 of the owners of long-term vacant property, should inform the property service enterprises, and property service enterprises on the maintenance of the proprietary part of the maintenance, repair, management and other matters for consultation, and take measures to prevent water leakage, leakage and other accidents.
Section III *** with parts and *** with the maintenance of facilities and equipment
Article 81 After the expiration of the property warranty period, the property management area *** with parts and *** with the maintenance of facilities and equipment and management responsibility, by the owners *** with the same; the owners can be entrusted to the property service enterprises.
*** with parts mainly including residential foundation, load-bearing walls, columns, beams, floor, roof and outdoor walls, foyers, stairwells, corridors, such as channels; *** with facilities and equipment mainly including elevators, antennas, lighting, fire protection facilities, green space, roads, street lights, ditches, pools, wells, public welfare cultural and sports facilities and *** with facilities and equipment used in the house.
Elevators, regional boilers and other special equipment belonging to the owners *** have, by the property service enterprises or owners under the property service contract, in accordance with the relevant provisions of the laws and regulations on the management of special equipment, entrusted to a professional service unit responsible for the maintenance and repair.
Article 82 The owners of residential properties and non-residential properties in the residential district, should be the first special maintenance funds deposited into the special maintenance fund account before moving in. Special maintenance funds deposit, use, management, in accordance with relevant national and provincial regulations.
Other non-residential properties with reference to residential properties to pay special maintenance funds.
Section IV of the maintenance of professional facilities and equipment
Article 83 of the residential district water supply, power supply, gas supply, heating, communications, cable television, broadband data transmission and other professional business units, should bear the sub-metering device or home port outside the facilities and equipment repair, maintenance, renewal and other responsibilities and related costs.
Professional business unit of professional business facilities and equipment for repair, maintenance, update, the owner shall cooperate.
Article 84 professional business unit can be professional business facilities and equipment maintenance, maintenance and other matters entrusted to the property services enterprises, property services enterprises can be entrusted in accordance with the contract to the professional business unit to collect remuneration.
Maintenance of professional facilities and equipment, maintenance and other costs, shall not be charged from the special maintenance funds.
Chapter VIII Community Property Management and Old Residential Property Management
Section I Community Property Management
Article 85 of the street offices, township (township) government's community management organizations, specific guidance and coordination of property management work.
Article 86 property management, urban management and law enforcement, public security, urban and rural planning, environmental protection and other departments shall establish a registration system for complaints of violations, and in the property management area to publish the name and contact information of the contact person, the violations of the law in a timely manner.
Article 87 The implementation of property management joint conference system.
The joint meeting of property management by the street office, township (township) government is responsible for convening the community residents committee, the public security police station, property service enterprises, owners' committees or owner's representatives, professional business units and urban law enforcement, property management and other departments to participate.
The joint meeting mainly coordinates the following matters:
(a) the owners' committee and the relevant departments do not fulfill their duties in accordance with the law;
(b) property service enterprises in the implementation of the exit procedures and the handover of the work of the problem;
(c) property management area of the emergencies occurring;
(d) the interface and cooperation between property management and community management;
(d) property management and community management. (D) property management and community management interface and cooperation;
(E) other property management matters that need to be coordinated.
Article 88 The owners, owners' associations, owners' committees, property service enterprises, professional management units, construction units of disputes arising from property management, should be resolved through consultation; consultation fails, you can apply for mediation to the Community Residents Committee or the joint meeting, you can also apply for arbitration or to the People's Court according to law.
Article 89 The relevant departments, units in the property management area to carry out cultural education, health care, sports and fitness, family planning and other community service activities, as well as emergency knowledge of emergency publicity and popularization and emergency drills, the owners, owners' committees, property service enterprises and professional business units should be given to assist and cooperate.
The second section of the old residential property management
Article 90 of the municipalities, counties (cities, districts) government has been built and delivered to the use, but the supporting facilities are not complete, poor environmental quality of the old residential areas, measures should be taken to renovation and remediation, and renovation and remediation plans and annual plans to the community.
The scope of the old residential areas, by the city, county (city, district) government delineation.
The old residential roads, lighting, green space and community services, cultural and sports, security, property services and other ancillary buildings and facilities and equipment renovation and construction funds, borne by the government; development projects, facilities are not complementary to the legacy of the original construction unit to invest in solutions; water supply, power supply, gas supply, heating, communications, cable television, broadband data transmission and other professional business facilities and equipment renovation should be To achieve sub-division of metering, sub-division of control conditions, the construction expenditure borne by the relevant professional business units; owners of proprietary parts of the facilities and equipment renovation expenditures, borne by the owners. District municipalities, counties (cities, districts) on the investment responsibility of the government otherwise provided, from its provisions.
Article 91 of the renovation of old residential areas, by the consent of the owners of the interested parties, in the case of planning permission, in accordance with the relevant provisions of the construction of property services and a certain percentage of business premises. Operating rooms can be used for rental business, operating income as the old residential maintenance and management costs of supplementary funds, supervised by the owners of the use of the General Assembly.
Before the renovation and remediation by the relevant departments and units to bear the costs of sanitation and greening, maintenance of municipal facilities, renovation and remediation is still subsidized by them.
Article 92 After the completion of renovation and remediation of old residential areas, the street office, township (township) government shall organize the owners to set up the owners' association, the owners' association decided to select and employ property service enterprises or other managers to manage the property. Property management before the establishment of the owners' meeting, organized by the community residents committee.
Article 93 did not establish a special maintenance fund system for the old residential areas, the owners shall pay special maintenance funds in accordance with the relevant provisions of the state and the province; property service enterprises can be based on the agreement of the property service contract, on behalf of the owners of the collection of special maintenance funds. There are parking space site use fees and other *** have part of the proceeds, mainly used to supplement the special maintenance funds.
Chapter IX Legal Liability
Article 94 violation of the provisions of these regulations, laws and regulations have been made to penalize the provisions, in accordance with the provisions of its implementation; laws and regulations have not been made to penalize the provisions of the regulations, in accordance with the provisions of these regulations.
Article 95 violation of the provisions of these regulations, one of the following acts, the competent department of property shall be punished:
(a) property services companies do not follow the provisions of the credit file information, statistical reports and other relevant information, and ordered to make corrections; failure to make corrections, shall be imposed a fine of more than 3,000 yuan 10,000 yuan;
(b) property services companies unauthorized (B) the property service enterprises without authorization to withdraw from the property management area, stop property services or failure to withdraw from the formalities, to fulfill the corresponding obligations, a fine of 50,000 yuan; the circumstances are serious, by the issuance of qualification certificates of the department of revocation of their qualification certificates;
(C) the construction of the unit is not deposited in accordance with the law of the quality of the property warranty, and ordered to make corrections; failure to make corrections, impose a fine of more than 100,000 yuan of 300,000 yuan.
Article 96 violation of the provisions of these regulations, professional business unit without good reason to refuse, delay investment in the construction or acceptance of professional business facilities and equipment, by the municipal, county (city, district) government ordered to make corrections within a certain period of time. Impact on the delivery and use of housing, the owners of normal life or cause personal and property damage, professional business unit shall bear the corresponding liability.
Article 97 The owners or property users in violation of the provisions of Article 44, Article 45 of these Regulations, by the property department or other relevant departments to give a warning, and ordered to make corrections within a specified period of time; failure to make corrections after the deadline, shall be imposed a fine of more than 10,000 yuan. To the other owners of the damage caused, shall bear civil liability according to law.
Article 98 The owners' meeting, the owners' committee to make decisions in violation of laws and regulations, the property department or the street office, township (township) government, shall order a period of time to make corrections or revoke its decision, and notify all owners.
Article 99 The property management department, street offices, township (township) government and other relevant departments in the property management work, one of the following acts, shall be punished according to law; constitutes a crime, shall be held criminally responsible:
(a) in the construction project planning approval and design review, did not on the configuration of supporting buildings and facilities and equipment for the residential district, Professional business facilities and equipment construction standards to seek the views of real estate development, property management and other departments and professional business units;
(ii) not in accordance with the provisions of this Ordinance on the comprehensive acceptance of residential subdivisions, handover supervision;
(iii) not in accordance with the provisions of this Ordinance to prepare, organize and convene the meeting of the owners' general meeting;
(iv) misappropriation of the property quality warranty and special Maintenance funds;
(E) not in accordance with the provisions of the Regulations convene or participate in the joint meeting of property management;
(F) found violations or received reports of violations, complaints are not dealt with in a timely manner;
(VII) other negligence, malpractice.
Chapter X Supplementary Provisions
Article 100 The owners of self-managed property, with reference to the relevant provisions of these Regulations.
Article 101 These Regulations shall come into force on May 1, 2009 .
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