Chifeng City property management regulations in full
Chifeng City property management regulations, that is, Chifeng City, residential community property management approach, February 1, 2000 7 began to be implemented, the following is my compilation of the peak of the residential community property management approach in full, welcome to read the reference!
Chapter I General
Article 1 In order to strengthen the urban residential property management, improve the overall management level of the city, to provide residents with a comfortable and convenient, civilized and clean living environment, according to the state and the autonomous region of the relevant provisions of the city's actuality, the development of this approach.
Article II of the unified planning, integrated development, supporting the formation of the construction of more than 20,000 square meters of residential areas (including residential clusters, hereinafter referred to as residential areas), should follow the principle of openness, fairness and fair competition, to take the bidding, tendering, selection of property management companies, the implementation of property management.
Article 3 Property management is the property management company commissioned by the owners management committee, the use of appropriate management methods and applicable repair and maintenance technology, the house *** with parts, *** with facilities, greening, health, traffic and environmental appearance, such as comprehensive maintenance, repair and remediation of paid service activities.
Article 4 The construction administrative departments of the people's governments at all levels are responsible for property management work at this level, and supervise, inspect and guide the property management companies, and set up a complaint telephone number to deal with the public's complaints about the property management company matters.
Planning, finance, prices, land, civil affairs, health, environmental protection, public security, fire, radio and television, electricity, telecommunications and other relevant departments and street offices in accordance with their respective responsibilities, with the administrative department of the construction of the work related to property management.
Chapter II Residential District Owners Management Committee
Article 5 Where the implementation of property management of residential districts, should be set up owners management committee (hereinafter referred to as the management committee), the implementation of the owners of self-governance. Management Committee formed under the guidance of the administrative department of construction, elected by the owners of the house, the user's representative, the residential district office on the street, the property management company, the development and construction of the unit's representative.
Article 6 before the establishment of the management committee, the administrative department of construction designated property management company involved in pre-management, property management company and the development and construction units signed a letter of intent to intervene in the pre-management of the residential district *** with facilities and equipment maintenance funds, community support, management, maintenance and other issues during the warranty period to make an agreement. After the establishment of the management committee, the management committee and the construction administrative department to organize bidding, selected property management company, and the management committee with the property management company to sign a property management contract.
Article 7 Rights and Obligations of the Management Committee
I. Rights of the Management Committee
(1) To formulate the Articles of Association of the Management Committee, to represent the owners and users of the houses, to safeguard their lawful rights, and to implement the resolutions of the general meeting of the owners;
(2) to convene and preside over the general meeting of the owners (representatives), and to report to the general meeting on its work;
(3) under the guidance of the competent department of construction administration, to take measures to ensure that the management of the property management company is carried out in a timely manner and in accordance with the provisions of the Articles of Association. Under the guidance of the competent department of construction administration, to take the public bidding, entrusted property management company to residential district property management;
(d) consider the property management company formulated the annual management plan for the residential district and the major measures involving management;
(e) consider the use of special maintenance funds in residential districts plan;
(f) inspection, supervision Property management company's management work and implementation of services;
(7) publicity, implementation of the state, autonomous regions and municipalities related to property management laws, regulations and policies;
Second, the obligations of the management committee
(a) comply with and fulfill the contract of entrustment of property management;
(2) according to the views and requirements of the owners and users of housing (b) According to the opinions and requirements of the owners and users of the property management company to inspect and supervise the management of the property management company, and coordinate the resolution of contradictions between the owners and users of housing and property management companies;
(c) To assist and cooperate with the property management company to implement the management of the residential community measures;
(d) Accept the supervision of the owners and users of the housing;
(e) Supervision of homeowners and users of the payment of property management fees;
(e) Supervision of homeowners and users of the payment of Property management fees;
(F) Coordinate the relationship between the relevant management departments of the residential community;
(G) Accept the supervision and guidance of the competent administrative department of the construction;
(H) shall not engage in various business activities.
Chapter III Property Management Company
Article 8 The property management company is to obtain the "property management qualification certificate", the implementation of a unified integrated management of residential areas of professional enterprises, is an independent legal personality of the economic entity. Property management companies follow the principle of self-management, paid services, self-financing, and gradually implement socialization, professional management mode.
Article IX of the flag and county construction administrative departments responsible for the establishment of the property management company, the initial examination and approval of the municipal construction administrative departments. Obtained "property management qualification certificate" of the property management company, to the municipal administration for industry and commerce for registration, business license, to the municipal price department for fee licenses and other relevant procedures.
Article 10 of the municipal construction administrative department of the "property management qualification certificate" to implement the annual inspection system, and increase the monitoring efforts, no qualification, unauthorized contracting of property management business units or organizations to be banned.
Article 11 The property management company based on the property management contract for property management. Property management contract by the municipal administrative department of construction.
Property management staff are on duty, providing civilized, high-quality service.
Article 12 The rights and obligations of the property management company:
First, the rights of the property management company
(a) the development of the management of the property under the management of the regulations and systems;
(b) in accordance with the relevant provisions of the collection of property management fees;
(c) have the right to request the management committee to assist in the management of;
(d) the right to stop Housing owners, users of violation of rules and regulations;
(e) the right to hire a specialized company to undertake special management operations;
(f) can implement a variety of business, to supplement the proceeds of property management fees.
Second, the obligations of the property management company
(a) the performance of property management contract, according to law, quality service;
(b) the implementation of the national "property management enterprises, financial management regulations", to accept the supervision and inspection of the financial sector at the same level;
(c) to the management committee to submit the management work plan, major management measures, the use of special maintenance funds Plan;
(d) accept the management committee and housing owners, users of supervision;
(e) accept the supervision and management of the street office of the residential community environmental health;
(f) accept the supervision and guidance of the competent administrative department of the construction;
(vii) set up a telephone number to deal with the masses on the staff of the Company's complaint matters.
Article 13 The management company fails to meet the standards stipulated in the property management contract, or violates the provisions of the property management contract, the management committee or the entrusted party may terminate the contract.
As a result of poor management, repair and maintenance, resulting in the loss of housing owners and users, the property management company shall compensate for the loss; violation of relevant laws, regulations and policies, the competent administrative department of construction shall be dealt with in accordance with the relevant provisions.
Article 14 The property management company can enjoy the national preferential policies for the tertiary sector.
Chapter IV Property Management in Residential Areas
Article 15 Where residential areas, property management shall be implemented. A residential district must be unified management by a property management company. The unit of self-managed housing in the district, should be unified management by the property management company.
Article XVI in the construction of residential areas, the property management company to assist the development and construction units and quality inspection departments **** with the quality of the project, found that the problem is timely coordination and resolution. After the completion of the project, the construction
The administrative department and the intervention of the property management company of the pre-management of the implementation of the content of the agreement for a comprehensive acceptance of the acceptance of the unqualified, the construction project management department, the quality inspection department is not the completion of the acceptance.
Article XVII of the residential delivery and use, by the development and construction units are responsible for the maintenance of the warranty period, the development and construction units can not be repaired, can be 2% of the price of construction and maintenance of the proportion of the commissioned property management company to pay maintenance of the lump sum fee (the cost of the construction unit from the construction quality of the project in the security deposit), by the property management company is responsible for the maintenance of the warranty period (structural quality accidents).
The property management company is responsible for maintenance matters during the warranty period (except for structural quality incidents).
Article 18 of the urban planning and design departments must be 0.5% of the total floor area of housing, planning and designing the specific location of the community management services and commercial buildings and construction drawings. Its construction costs are shared by the development and construction units according to the proportion of 0.5% of the development area, in the profits of the expenditure shall not be amortized into the price of housing. After the completion of the house, the property rights belong to the management committee, the construction administrative department to supervise the use.
Article 19 The transfer of property, the development and construction units to the property management company to transfer the following information (copies):
First, the residential district planning map, the total area of completion of the map;
Second, the monolithic building, structure, equipment, as-built map;
Third, the as-built map of the underground pipeline network;
Fourth, the urban planning acceptance of the project quality inspection and acceptance Certificate of Compliance;
v. Property ownership details.
Article 20 of the residential district public **** facilities and equipment and public **** site, unified management and operation by the property management company, to supplement the property management of residential districts with its revenue.
Article 21 The self-use parts of the house and self-use facilities and equipment by the house owner, the user is responsible for the maintenance; the **** use parts of the house, **** use facilities and equipment by the property management company unified management and maintenance.
Article 22 The content and standards of property management:
First, *** with facilities and equipment management: *** with facilities and equipment intact, no arbitrary change of use phenomenon; road level and smooth, no drums and collapse, no water and ice; sewage wells, septic tanks emptied in a timely manner.
Second, the residential community green management: lawn flower beds lush, normal leaf color, canopy integrity, bright flowers, levels, height and order; flowers and trees without dead branches and leaves, prevention and control of pests and diseases; lawn without piles of materials, no obvious man-made damage.
Third, environmental health management: fruit bins, bagged garbage bins and other sanitation facilities are complete; public **** stairs, handrails, walkways, basements and other parts of the clean, no random piling of debris phenomenon; clean and tidy environment, no piles of debris around the building; small areas, buildings, the outer walls of the building and the hallway without posting, graffiti phenomenon; public **** site, the green space to implement standardized cleaning and cleaning, garbage production and cleaning.
Article 23 of the residential district of water supply and drainage, power supply, heating, telecommunications, cable television and other pipeline repair and maintenance and environmental protection governance, by the professional sector is responsible for, the specific scope of:
First, the heating department is responsible for the district's heating facilities and equipment, heating pipelines and radiators in the housing maintenance and care.
Second, the water supply department is responsible for the district's water supply facilities and equipment, water supply pipelines and household sub-meter valve maintenance and care.
Third, the power sector is responsible for residential neighborhoods in the overhead lines, underground buried lines to the user sub-meter on the contact point of the maintenance of care.
Fourth, the environmental protection department is responsible for small areas of environmental pollution and noise nuisance management.
Fifth, telecommunications, cable television department is responsible for residential areas, households, lines, facilities and equipment maintenance and care; involving the installation, remodeling, subject to the consent of the property management company.
Six, the implementation of property management in residential areas of domestic garbage collected by the property management company is responsible for, and transported to the garbage transfer station or garbage point.
VII, the implementation of property management of residential environmental health management of the boundaries and street office management of the boundaries of the definition of the outside edge of the district building as the boundary. In the past, the old streets and alleys, neighborhood development and construction into a small area of sidewalks and roads, by the property management company management, cleaning; is still the city streets and alleys, by the management of the street office, cleaning; not included in the property management of residential property management, by the property rights unit management, environmental cleaning by the supervision and management of the street office.
Article 24 of the residential district housing owners, users shall comply with the following provisions:
First, shall not be unauthorized to change the nature of the use of housing, structure, shape and color tone; shall not be modified without authorization, lead, damage, demolition of housing **** with the use of and accessory facilities and equipment.
Second, it is prohibited in the public courtyard, corridors, roofs, staircases, stacking debris, unauthorized building; prohibited in the balcony wall and storage of overweight items; prohibited damage to garden facilities; prohibited the occupation of green space, trampling; prohibited indiscriminate dumping of garbage, splashing sewage, littering the melon and fruit peels and paper; prohibited to the sewage pipe to throw debris; prohibited in the buildings and structures on the writing, carving, posting; prohibited the raising of poultry, livestock; prohibited to the public housing, the use of the house, and ancillary facilities and equipment. Poultry, livestock; prohibited from engaging in activities that have a negative impact on the neighborhood environment.
Third, residential neighborhoods are not allowed to park bicycles and motor vehicles; prohibit heavy vehicles into residential neighborhoods (except through the residential neighborhoods of the city roads).
Article 25 housing owners, users must obey the normal management of the property management company, comply with the owners of the Convention, consciously pay the property management fees on time. Unqualified, unauthorized contracting of property management business, homeowners, users have the right to refuse to pay the fees.
Chapter V Property Management Fee
Article 26 Property Management Fee refers to the property management company for the house owner, the user to provide *** with parts, *** with the repair and maintenance of facilities and equipment, and environmental sanitation, greening and other items of the service charges, by the property management company to the residential district as a unit according to the actual provision of the service items. Service items declared.
Article 27 According to the State Planning Commission, the Ministry of Construction and the autonomous region of the Price Bureau, the Construction Department of the document, the property management fee consists of: First, wages and surcharges; Second, *** with the daily operation of facilities, equipment, maintenance and repair costs; Third, greening management fees; Fourth, cleaning and sanitation costs; Fifth, security costs; Sixth, office expenses; Seventh, property management unit of the depreciation of fixed assets; Eighth, the statutory taxes; Nine, profits. Nine, profit.
Article 28 The municipal price department is the property management service charges ` approval authority, and is responsible for the supervision and management of property management fees.
Article 29 The property management charges for office and business premises in residential neighborhoods, according to the residential neighborhoods where the charges are 10% and 20% respectively.
Article 30 The property management fees for vacant houses, according to the residential district charges 50% of the standard.
The owner of the house for some reason did not move into the vacant house, the property management fees, borne by the owner of the house; development and construction units have not sold the vacant house, property management fees borne by the development and construction units.
Article 31 Where the state and autonomous regions as excellent property management residential district, from the date of approval of the next month, the property management fees were floated 20% and 10%.
Article 32 of the property management special service fees, refers to the house owner, the use of special needs of people to provide services charged (such as babysitting, newspaper delivery, mail, filling gas, etc.). Special service fees to implement the operator pricing, and to the local price department for the record.
Article 33 of the property management service charges for the implementation of the price tag system, fee licensing system and annual inspection system. Property management charges must be licensed charges, and the use of the municipal construction administrative department uniformly printed bills, shall not be raised without authorization.
Article 34 The municipal construction administrative department and the municipal finance department shall study and formulate the housing *** with parts, *** with facilities and equipment maintenance fund management and the corresponding system, approved by the Municipal People's Government and then implemented.
Chapter VI Violations
Article 35 If a property management company violates the relevant provisions of Articles 11, 12, 13, 22 and 33 of the Measures, the competent administrative department of the construction department shall, depending on the circumstances of the case, give a notice to criticize and, according to the Ministry of Construction's "Trial Measures for the Management of Property Management Enterprises Qualification", give a lower qualification level or revoke the qualification.
Article 36 The owners and users of housing in violation of the provisions of Article 24 of these measures, by the property management company to stop, criticize and educate, and order the restoration of the status quo ante, compensation for damages; causing major accidents, constituting a crime, by the judicial organs to pursue their criminal responsibility.
Article 37 The owner of the house, the user should be approved by the price department charges, standards to the property management unit to pay the property management service fees, not in accordance with the provisions of the fee, the property management unit has the right to demand recovery. For long-term non-payment of property management fees, the property management company can apply for arbitration or litigation.
Article 38 The development and construction units in violation of the provisions of Article 17 and Article 18 of these measures, the construction project management and quality inspection departments will not carry out the project completion acceptance, the construction management department will not carry out comprehensive acceptance.
Article 39 The relevant departments in violation of the provisions of Article 23 of these measures, the department responsible for the administrative responsibility.
Article 40 The management committee or development and construction units and property management company disputes, property management companies and housing owners, users of disputes, you can apply to the competent administrative department of construction coordination. If the coordination is ineffective, it can apply for arbitration or litigation to solve the problem.
Article 41 For interfering with or obstructing the staff of the competent administrative department of construction, the management committee and the property management company in the performance of their official duties, the public security organs shall deal with them in accordance with the relevant provisions of the "Regulations of the People's Republic of China on Public Security Administration Punishments".
Chapter VII Supplementary Provisions
Article 42 These Measures shall apply to the Hongshan District, Songshan District, Yuanbaoshan District, the flag counties can refer to the implementation.
Article 43 These Measures shall come into force on the date of publication, "Chifeng City, Chifeng City, to implement the" State Council on deepening the reform of the urban housing system, "the implementation of the decision" (Chifeng Government issued [1997] No. 128) in the area of the use of the housing area charged by 0.35 yuan per square meter of the management fee ceased to be implemented,
"Chifeng City, residential areas of the Interim Measures for Property Management" (Chifeng City, Chifeng Government issued [1997] No. 181), "the management of property management. [1997] No. 181) is repealed at the same time.
Article 44 These measures by the Municipal Construction Bureau, the Municipal Price Bureau is responsible for interpretation.
Expanded reading:
The basic principles of property management
(a) the principle of separation of powers and responsibilities:
In the property management area, the owners, owners' associations, owners' committees, the rights and responsibilities of the property management enterprises should be very clear. The rights and responsibilities of the various departments of the property management enterprise should be clear. All owners in a property management area form an owners' association, and the owners' committee is the executive body of the owners' association. The property right of the property is the basis of the right to property management, the owners, owners' association or owners' committee is the main body of the right to property management, is the core of the right to property management.
(ii) owner-led principle:
Owner-led, refers to the property management activities, to the owners of the needs of the core, the owners will be placed in a primary position. Emphasis on owner-led, is the fundamental difference between modern property management and the traditional system of housing management.
(C) the principle of service first:
Every work done is a service, property management must adhere to the principle of service first.
(D) the principle of unified management:
A property management area can only set up a property owners' association, a property management area by a property management enterprise to implement property management.
(E) the principle of professionalism and efficiency:
The unified management of the property management enterprise is not the same as all the work must be undertaken by the property management enterprise itself, the property management enterprise can be entrusted to the special services within the property management area to professional service enterprises, but shall not be entrusted with all the property management in the area.
(F) the principle of reasonable charges:
The funding of property management is the material basis for good property management. Charges for property services should follow the principle of reasonable and fair as well as the cost and service level. Distinguish between the nature and characteristics of different properties, by the owners and property management enterprises in accordance with the relevant provisions of the agreement. The fees collected should be acceptable to the owners and users and feel that the quality and price are in line with the value for money. Special maintenance funds for property management shall be managed and utilized in accordance with the law. Property management companies can implement paid services and carry out a variety of business to increase revenue.
(VII) the principle of fair competition:
Property management is a product of the socialist market economy, in the market economy should be implemented in an open, fair and just competition mechanism, in the selection and recruitment of property management enterprises, should adhere to the bidding and tendering system, the commissioning party to issue bids, generally more than three property management companies bidding, bidding should be open, uncovering the bidding to be fair.
(H) the principle of acting in accordance with the law:
The problems encountered in property management are very complex, involving a very wide range of laws, the entire property management process can not be separated from the laws and regulations at all times. The property service contract signed in accordance with the law, is a legally binding standardized instrument, is the basic basis for property management.
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