"Property Management Regulations" is based on "the State Council on the revision of & lt; property management regulations & gt; decision" revised for the purpose of regulating property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, improve the people's living and working environment and the development of legal regulations. Issued by the State Council on August 26, 2007, since October 1, 2007 shall come into force. ***7 chapters 70 articles. Follow me below to see the implementation details of property management regulations in Yunnan Province! I hope it will help you.
"Yunnan Province, property service charge management implementation measures" has been August 19, 2011 by the provincial people's government agreed, is hereby promulgated and shall come into force on the date of issuance.
Article I
In order to further standardize the behavior of property service charges, to protect the owners, property service enterprises, the legitimate rights and interests of the people, according to the "People's Republic of China *** and the State Price Law", "Property Management Regulations" and "Property Service Charges Management Measures" and other laws, regulations and regulations, combined with the actual situation of the province, the development of this approach.
Article II of the administrative area of the province's property service charge management, the application of these measures.
Article 3 The owner referred to in these measures refers to the owner of the house (including garage, parking space).
Property service enterprises are qualified to engage in property services.
Article 4
The property service charge referred to in these measures refers to the property service enterprises in accordance with the agreement of the property service contract, the housing and supporting facilities and equipment and related sites for repair, maintenance, management, maintenance of environmental health and order in the property service area, the fees charged to the owners.
Article 5 The property service charges should follow the principles of openness, fairness, reasonableness and cost and service level.
Article 6 The competent department of price at all levels, in conjunction with the housing and urban-rural construction departments at the same level is responsible for the supervision and management of property service charges in the administrative region.
Article 7
Property service charges include comprehensive management services, property *** use parts and *** use facilities and equipment maintenance, public *** order maintenance, cleaning services, greening maintenance, etc., by the property service enterprises in accordance with the contract agreed upon a lump sum billing charges. Charging standards should correspond to the specific content of the service project, quality requirements, service commitment matters.
Article VIII of the property service charges should be implemented in accordance with the provisions of the price tag. Property service enterprises should be in the property service area in a prominent position, the content of the property services, service standards and charges, charges and other relevant information is publicized.
Article IX of the property service charges should be distinguished from the nature and characteristics of different properties, the implementation of government-guided prices and market-adjusted prices.
In the owners' meeting before the establishment of the property service charges, residential neighborhoods to implement government-guided prices, non-residential market-adjusted prices; owners' meeting after the establishment of the property service charges, residential neighborhoods and non-residential market-adjusted prices.
Article 10
The implementation of government-guided price. Property service charges by the states (cities), counties (cities, districts) price authorities in conjunction with the same level of housing and urban and rural construction authorities according to the different types of property services, service level standards, service content, as well as the cost of property services, the owner's affordability and the local socio-economic development factors to develop the appropriate benchmark price and fluctuation range, and timely announcement to the community, while reporting to the next level of the competent department of prices and housing and Urban and rural construction departments for the record.
The implementation of government-guided property service charges should be based on local price level changes, adjusted in due course.
Article 11
The implementation of market-adjusted price of property service charges by the owners or owners' associations and property service enterprises in accordance with the principle of equality and voluntariness, in the property service contract signed by both parties, and by the property service enterprises reported to the local authorities in charge of prices and housing and urban and rural construction departments for the record.
Article 12 The property service enterprises shall submit the following materials for the record:
(a) three copies of the registration form for the record of property service charges;
(b) a copy of the business license;
(c) a copy of the certificate of qualification;
(d) a copy of the contract on the commissioning of property services signed between the real estate development enterprise and the property service enterprise, the property service enterprise and the owner or the owners' meeting. A copy of the property services commissioning contract signed by the owners' general meeting;
(E) the approval of the establishment of the owners' general meeting of the relevant materials;
(F) the minutes of the meeting of the property services enterprise and the owners' general meeting, owners' committee consultations;
(VII) prices, housing and urban and rural construction authorities required by the other relevant information.
Article 13
The property service charges for the community service facilities (community medical and health services, neighborhood committees, police stations, non-profit community activity centers) built within the residential community shall be implemented in accordance with the residential property service charges in the same area, unless otherwise agreed in the contract.
Article 14 The property service charges in accordance with the "Certificate of Housing Ownership" set out in the building area. If you have not obtained the Certificate of Building Ownership, the building area of the house in the purchase contract or the real estate surveying and mapping department to calculate the building area of the house.
Property service charges are calculated on a monthly basis per square meter of floor area, and are charged from the date of delivery of the property to the owner, with monthly, quarterly, semi-annual or yearly payment timeframes.
The property service charge is calculated on the basis of the floor area of commercial housing in the same area, same category and same structure.
The property service charge for garage (parking space) can be charged according to the number of garage (parking space), or according to the legal title area.
Article 15 The property service charges before the establishment of the owners' meeting are temporary charges, when the owners in accordance with the relevant provisions of the state and province to establish the owners' meeting and the independent selection and appointment of property service enterprises, should be re-agreed to the new property service charges.
Article 16 The property service enterprises can be commissioned by the owners of the property service contract to provide services other than agreed upon, the remuneration for services agreed upon by both parties.
Article 17 The property service area, water supply, power supply, gas supply, communications, cable television, urban living garbage disposal units, should be charged to the end-user fees.
Property service enterprises to accept the entrusted collection of the previous paragraph, the entrusted unit shall pay a fee, commissioned by the entrusted unit and the property service enterprises agreed. Property service enterprises shall not charge the owners of the handling fee and other additional costs.
The property service enterprises to accept the commission on behalf of the collection of related costs, should be issued to the owners of professional business unit bills, and in the property service area in a prominent position.
Article 18 The owners shall pay the property service fees in full and on time in accordance with the agreement of the property service contract.
The property service area has been completed but has not yet sold the property or due to real estate development and construction units did not hand over to the property buyer on time, the property service costs by the real estate development and construction units to pay the full amount.
Article 19 The owner and the property user agreed to pay the property service fees by the property user, from its agreement, the owner is jointly and severally liable for payment.
Article 20 The transfer of property rights in the property, the owner shall settle the property service fees.
Article 21
The property service enterprises use the property service area belonging to the owners *** have the road, green space or other sites as parking spaces or the use of the property *** use parts, *** use facilities and equipment for business activities, shall obtain the consent of the relevant owners or owners' associations, and according to the relevant procedures. The proceeds are mainly used to supplement the special maintenance funds, can also be used in accordance with the decision of the owners' general meeting. Proceeds and the use of funds at least once a year to the owners announced.
Article 22
The property service area of motor vehicles, non-motorized parking storage service charges, charges by the owners and property service enterprises in accordance with the relevant provisions of the local price authorities negotiated agreement to the local price authorities for the record, and in the property service area in a prominent position in the implementation of the price tag.
Motor vehicle parking storage service charges have been collected, shall not repeat the parking space property service charges.
Article 23
The owners of indoor decoration, property service enterprises can charge the owners or decorators decoration garbage and dirt removal fees, indoor decoration deposit (deposit), decorators access card deposit or fees, the specific standards and their management by the competent departments of the local price.
Article 24
Property *** with parts, *** with facilities and equipment for major repairs, repair and renewal, remodeling costs, shall be through the special maintenance funds to be expensed, shall not be included in the property service expenditures or the cost of property services. Facilities and equipment repair and maintenance in the warranty period, the repair and maintenance costs borne by the warranty unit, shall not be included in the cost of property service charges.
Without the establishment of special maintenance funds for property *** with parts, *** with facilities and equipment overhaul, repair and renewal, remodeling costs, should be shared by all the owners of the benefit according to the facts.
Article 25
The implementation of access card management in the property service area, real estate development and construction units should be configured for the owners of a certain number of free access cards (including IC cards, etc.). Owners apply for more configurations or due to loss, damage to the need for re-issuance of the card, you can charge the cost of production of the cost of labor. In and out of the number of free passes and the production of specific standards for labor costs set by the local price authorities.
Article 26
Property service charges in the record period, the occurrence of property service companies change, management area or management service standards change, the two sides need to make corresponding adjustments to the property service charges and fees, should be re-examined for the record.
Article 27 The property service enterprises have been commissioned to implement the property services and the corresponding charges for property services, other departments and units shall not repeat the charges of the same nature and content.
Article 28 The property service enterprises to undertake property service projects, the scope of property services, *** with the parts, *** with the facilities and equipment for inspection and acceptance, and in the property service area in a prominent position to the owners of the public.
Article 29 The property service enterprises in accordance with the property service contract on the property *** with parts, *** with facilities and equipment and public liability insurance, insurance policies and insurance premiums paid in a timely manner, and other relevant documents to the public.
Article 30 The property service enterprises in the property services should comply with national price laws and regulations, strict fulfillment of the property services contract, establish and improve the internal management system, and constantly improve the business environment, to provide owners with quality and price services.
Article 31 of the property service and its charges are disputed, the owners, owners' committees or property service enterprises can negotiate a solution, but also to the people's court in accordance with the law to bring a lawsuit.
Article 32 The owners of illegal property service charges have the right to the local price, housing and urban and rural construction departments to complain and report.
Article 33 The property service enterprises in violation of price laws, regulations and provisions of the competent department of price shall be punished according to law.
Article 34 The owners of property service contract violation of the agreement of the late payment of property service fees, property service enterprises can be to the people's court in accordance with the law to bring a lawsuit.
Article 35
The enterprises, undertakings or other units of the independent residential district did not choose to employ property service enterprises, but by the unit or subordinate organizations to carry out property services, can be through the staff meeting or staff congress and other forms of property service charges to the staff to the staff to explain the relevant issues, with the consent of the staff with reference to the implementation of these measures.
Article 36 Before the implementation of these measures, the owners have signed a property service agreement with the property service enterprises or property service contract, property service charges in accordance with the agreement or contract.
Article 37
These Measures shall come into force on the date of issuance. Yunnan Provincial Development and Reform Commission, Yunnan Provincial Department of Construction on the issuance of property service charges in Yunnan Province, the implementation details of the Notice (Yunnan Development and Reform Price 〔2005〕 No. 702) shall be repealed at the same time. ;