Property service enterprises shall have an independent legal personality, obtain the qualification of property service enterprises according to law, and engage in property management activities within the scope of its qualification license. No unit or individual shall transfer, rent or lend property service enterprise qualification certificate.
Foreign property service enterprises entering the city to engage in property management activities, shall be filed with the municipal real estate department. The owners' committee shall enter into a written property service contract with the property service enterprise selected by the owners' meeting.
Property service contract shall be property management matters, quality of service, service costs, the rights and obligations of both parties, the use of special maintenance funds, property management rooms, the contract period, the liability for breach of contract and other content of the agreement and publicity.
Property management services mainly include:
(1) the use, repair, maintenance and management of *** parts and *** facilities and equipment;
(2) the operation of elevators, intelligent systems and other equipment services;
(3) environmental hygiene cleaning and cleaning, and the maintenance and management of green areas, trees, greening facilities;
(4) Management of property decoration;
(v) services, management of vehicle driving and parking order;
(vi) public **** order maintenance, safety precautions and other matters to assist in the management of the service;
(vii) for owners to provide daily life services and conveniences;
(viii) property information inquiry services and management. Owners and property service enterprises shall abide by the laws and regulations as well as the management statute and fulfill the property service contract. One party default, the other party can be in accordance with the property service contract to pursue the responsibility of the defaulting party. Owners shall not be used to refuse to pay property service fees and other costs and other ways to refuse to fulfill the contract; property service enterprises shall not be used to reduce the quality of property services or interruption of property services and other ways to refuse to fulfill the contract.
When the transfer of ownership of the property, the owner shall settle the property service fee with the property service enterprise. When the property service contract is terminated, the property service enterprise shall return the following information and property to the owners' committee:
(1) the information stipulated in Article 38 of these Regulations;
(2) the property management room;
(3) the technical information formed by remodeling, repairing, and maintaining the property concerned during the property service period;
(4) the fixed facilities and equipment configured with the owner's money during the property service period;
(5) the technical information formed by the owner's money during the property service period; and (D) property services during the owners of the fixed facilities and equipment;
(E) other property, information should be transferred.
Newly selected and hired property service enterprises to take over the property, the owners' committee shall transfer to the property service enterprises the information and property specified in the preceding paragraph. Property service fee standards by the owners and property service enterprises in accordance with the principle of fair and reasonable and service fees and service level in accordance with the property service contract. Property service enterprises shall be property service fee standard publicity, and reported to the property where the regional and county price authorities for the record.
Property service enterprises for the owners or property users to provide services other than those agreed in the property service contract, can be charged separately. Owners shall pay the property service fees according to the agreement of the property service contract. Owners and property users agreed to pay the property service fees by the property user, from its agreement, the owners are jointly and severally liable for payment.
Elevator, power supply and secondary water supply and other facilities operating costs are not included in the property service fees, property service enterprises shall be in accordance with the actual expenditure and the agreed charges to the relevant owners of fair and reasonable sharing, and regularly announced. Property management area, water supply, power supply, gas supply, communications, cable television and other units should be charged to the end-user fees.
Water supply, electricity, gas, communications, cable television and other units shall not be forced to property service enterprises on behalf of the collection of the relevant fees, and shall not be due to the refusal of the property service enterprises to collect the fees on behalf of the payment and stop providing services.
Property service enterprises to accept the commission on behalf of the collection of fees, may not be charged to the owners or users of the handling fees and other additional costs. Property management area in accordance with the planning of the construction of education, health care, culture and sports, commercial services and other public **** building and **** use facilities, shall not be changed without authorization.
No one shall occupy or excavate the roads and grounds of the property management area without authorization to the detriment of the ****same interests of the owners. Water supply, power supply, gas supply, communications, cable television and other units, shall bear the property management area related pipelines and facilities and equipment repair, maintenance responsibility.
The units specified in the preceding paragraph for repair, maintenance and other needs, temporary occupation, excavation of road sites, should be promptly restored to its original state. The use of property *** with parts, *** with facilities and equipment set up outdoor advertising or engaged in leasing and other business, should be in the consent of the relevant owners, owners' associations, property service enterprises, in accordance with the provisions of the relevant procedures.
The proceeds from the operation of the owners' meeting decided by the owners' committee can be responsible for the management of the owners' committee, can also be entrusted to the property service enterprises on behalf of the management, mainly used to supplement the special maintenance funds, but also in accordance with the decision of the owners' meeting to use the proceeds and the use of the situation should be publicized. Owners should be in accordance with the planning and design of the use of residential, shall not change the use of residential use without authorization.
Owners to change the use of the use, shall comply with laws and regulations and management regulations, and obtain the consent of interested parties. Owners need to decorate the house, should be informed in advance of the property service enterprises, property service enterprises should be the house decoration of prohibited behaviors and precautions to inform the owners, and signed with them decorative services agreement.
Property service enterprises shall not charge any form of decoration deposit.
Property service enterprises shall strengthen the property management area decoration safety matters of inspection, the owners shall cooperate. Property management areas are prohibited the following acts:
(a) unauthorized demolition of the load-bearing structure of the house;
(b) destruction or unauthorized change in the appearance of the wall;
(c) violation of the property management area planning to erect buildings, structures and other facilities;
(d) encroachment of green space, destruction of plants and trees;
(e) indiscriminate setting up of stalls or indiscriminate dumping of garbage, piling up debris, throwing objects from a height;
(F) unauthorized posting, writing, carving on buildings and structures;
(G) exceeding the prescribed standards for the emission of noise;
(H) emissions or piling up toxic and hazardous substances, piling up of flammable and explosive substances;
(IX) occupying, sealing, or blocking evacuation routes, safety exits, Fire truck channel, damage or misuse of fire facilities;
(j) violation of the provisions of raising animals;
(k) laws and regulations prohibit other behavior.
Property management area of the above paragraph occurs when the behavior, owners, property users have the right to complain, report, property service enterprises, the owners' committee should be based on the property service contract or management statute to be timely to dissuade, stop; dissuade, stop the ineffective, property service enterprises, the owners' committee should be promptly reported to the city management and law enforcement departments and other relevant administrative departments. The relevant administrative departments should be dealt with in a timely manner, the relevant owners and property users should actively cooperate. Property management area planned for parking motor vehicles parking spaces, garages, should first meet the needs of the owners of the property management area.
The ownership of the parking spaces and garages planned for parking motor vehicles shall be agreed upon by the parties concerned through sale, gift or lease.
Leasing of parking spaces and garages planned for parking motor vehicles shall first be leased to the property owners and property users in the property management area. After meeting the needs of the property management area owners, property users, leased to other people, the term of the lease contract shall not exceed six months. Occupy the property management area owners **** have the road or other sites for parking motor vehicles, shall obtain the consent of the owners' association.
Occupying the owners **** have the road or other sites for parking motor vehicles, should pay the site occupation fee. Site occupancy fee belongs to all owners, mainly for the maintenance and repair of community roads and parking facilities, improve *** with facilities and equipment. Site occupation fee collection standards and use of methods, decided by the owners' meeting; not set up owners' meeting, can be the construction unit or property service enterprises to develop first. Site occupation fee collection and use shall be publicized to the owners.
Owners of motor vehicles have custodial requirements, by the owners and property service enterprises to sign a separate motor vehicle storage contract.
Motorized vehicles and non-motorized vehicles in the property management area, the specific management of driving, parking, decided by the owners' meeting and publicity. If the owners' meeting is not established, it shall be implemented in accordance with the agreement of the preliminary property management service contract. Property *** use parts, *** use facilities and equipment maintenance, renewal, the relevant owners, property users shall cooperate. Due to the relevant owners, property users to obstruct the repair and renewal, resulting in other owners, property users of property loss, the responsible person shall be compensated.
Because the property *** use parts, *** use facilities and equipment maintenance, renewal and other reasons, resulting in damage to housing, facilities and equipment, the responsible person shall be restored to its original state or compensation. Residential property, non-residential property within a residential district or non-residential property connected to the structure of a single residential building, the owners of the property shall pay special maintenance funds in accordance with the relevant provisions of the state.
Special maintenance funds should be accounted for by the building, specifically for property warranty period expires after the property *** with parts of the *** with the facilities and equipment maintenance, renewal and renovation, shall not be diverted to other uses.
According to the agreement of the property service contract, should be the property service enterprises from the property service costs of the property *** with parts, *** with the facilities and equipment repair, maintenance costs, shall not be from the special maintenance funds.
Residential special maintenance fund management by the municipal people's government in accordance with the relevant provisions of the state and province to be regulated.