(three) property quality warranty documents and property use documents;
(four) other information required for property management.
Real estate development and construction units can not or do not provide the above information, according to the comprehensive acceptance of residential areas unqualified processing.
When the realty service contract or the preliminary realty service agreement is terminated, the realty management enterprise shall hand over the realty files to the entrusting party of realty management or the realty management enterprise designated by it.
Thirty-ninth new property acceptance, the owners' committee, property management companies should be clear with the construction unit property quality issues.
Fortieth residential property within the property management area shall not change its nature of use. If it is really necessary to change the nature of its use due to special circumstances, it shall conform to the requirements of urban planning and housing safety, and obtain the written consent of the adjacent owners, owners' committees and property management enterprises, and report to the planning department for approval. When the administrative department for industry and commerce issues a business license, if it involves changing the domicile into a business place, the examination and approval procedures of the planning and urban management departments shall be taken as preconditions.
Forty-first owners or users should abide by the national, provincial and municipal regulations on decoration and implement termite control, and should inform the property management enterprise in advance and sign a service agreement with it on property decoration and decoration management.
Property decoration management service agreement shall include the following contents:
(a) the implementation content of the decoration project;
(two) the implementation period of the decoration project;
(3) Time allowed for construction;
(4) Removal and treatment of wastes;
(five) the installation requirements of property facade facilities, security window, air conditioning and solar energy;
(6) Prohibited behaviors and precautions;
(7) Management service fees;
(8) Liability for breach of contract;
(nine) other matters that need to be agreed.
Property management enterprises shall implement management in accordance with the property decoration management service agreement. Found in violation of the agreement and the relevant provisions of the act, should immediately stop, and urge to correct; Refuses to correct, it shall promptly inform the owners' committee, and report to the relevant departments for handling according to law.
Forty-second due to property maintenance, decoration caused by adjacent owners, users occupied parts, occupied facilities and equipment damage or other property losses, the responsible person shall be responsible for repair and compensation.
Forty-third any unit or individual shall not occupy the roads and venues within the property management area without authorization. If it is necessary to temporarily occupy or dig roads, sites and green spaces due to property maintenance or public interests, it shall obtain the consent of the owners' committee and the property management enterprise, sign a written agreement with the property management enterprise, and make restitution within the agreed time limit. If losses are caused, corresponding compensation shall be given.
Article 44 If there are more than two owners in a property management area, special maintenance funds shall be set up for the parts and facilities of the property (hereinafter referred to as special maintenance funds).
(1) For newly-built commercial housing (including demolition and resettlement houses, the same below) and affordable housing (housing projects, housing for needy people, demolition and resettlement houses for needy people and fund-raising cooperative housing), the construction unit shall pay special maintenance funds respectively according to the nature and floor of the house: non-residential houses and houses with more than 7 floors (including 7 floors), and draw special maintenance funds according to the proportion of 3% of the sales price (or the sales price approved by the price department); Residential buildings below 6 floors (including 6 floors) shall extract special maintenance funds according to the standard of 32 yuan per square meter of construction area;
(two) the sale of public housing units to pay special maintenance funds, the specific standards in accordance with the relevant provisions;
(3) The local government draws 5% from the urban maintenance fee as the maintenance fund.
Special maintenance funds are part of the cost of commercial housing, excluding business tax.
No organization or individual may reduce or exempt special maintenance funds.
Article 45 The special maintenance funds raised in accordance with Item (1) and Item (2) of Paragraph 2 of Article 44 shall be owned by the owner, and shall be used exclusively for the maintenance, renewal and transformation of the * * * parts and facilities of the property after the expiration of the warranty period, and shall not be used for other purposes.
According to the second paragraph (3) of Article 44, the maintenance fund shall be used exclusively for the renovation of the original residential area with incomplete supporting facilities, creating conditions for the implementation of property management.
Forty-sixth special maintenance funds are escrow by the real estate administrative department, and the escrow fee is calculated at 2% of the value-added part of the escrow special maintenance funds. The owners' committee and the financial department shall regularly inspect and supervise the special maintenance funds under escrow.
Special maintenance funds shall be deposited in the bank designated by the government, stored in special accounts and used for special purposes.
Forty-seventh new commercial housing construction units should be in the initial registration of new commercial housing ownership, full payment of special maintenance funds; When handling the initial registration of commercial housing ownership, it shall provide payment vouchers to the real estate registration department.
Forty-eighth housing * * * parts, * * facilities and equipment maintenance need to use special maintenance funds, property management companies should prepare the maintenance project budget, after the owners' committee audit, reported to the competent department of special maintenance funds for approval. After the completion of the project, the owners' committee shall organize the acceptance and audit of the final accounts of the project.
When the special maintenance funds are insufficient, the owners' congress shall study and decide on the continuation scheme, and the owners shall pay the property maintenance fees according to the decision of the owners' congress.
Forty-ninth housing maintenance and renewal costs stipulated by the state after the expiration of the warranty period shall be borne in accordance with the following provisions:
(a) the cost of maintenance and renewal of the indoor part of the house. To be borne by the owner;
(2) The maintenance and updating costs of * * * used parts and * * used facilities and equipment in the property management area shall be borne by all owners according to the proportion of their respective housing construction areas; The establishment of special maintenance funds in accordance with these rules shall be included in the special maintenance funds.
If the parts and facilities of the property are damaged artificially, the maintenance and updating expenses shall be borne by the responsible person.
When the property is seriously damaged, affecting the safety of the owners and users, the district and county real estate administrative departments, street offices and township people's governments shall urge the maintenance within a time limit.
Chapter VI Appeal
Fiftieth property management administrative departments and neighborhood offices, Township People's governments shall establish a complaint acceptance system to accept complaints from owners' committees, owners, users and property management enterprises in violation of the Regulations and these detailed rules. The place and time for accepting complaints shall be announced.
Fifty-first street offices and Township People's governments shall promptly investigate and deal with complaints after receiving them. If the complainant disagrees with the handling opinions, he may submit a written request for review to the administrative organ at the next higher level.
After accepting the complaint, the district and county property management administrative departments shall make a reply on whether or not to accept it within 5 days. If it decides to accept the complaint, it shall investigate and verify it, and reply to the complainant within 30 days from the date of accepting the complaint.
If the complainant has any objection to the handling opinions of the district or county property management administrative department, he may submit a written request for review to the municipal property management administrative department. The municipal property management administrative department shall reply to the complainant within 30 days from the date of acceptance.
Fifty-second complaints involving other administrative departments, the property management administrative department shall, within 5 days from the date of acceptance, transfer them to the relevant administrative departments for handling, and inform the complainant.
Chapter VII Legal Liability
Fifty-third owners and users who violate the owners' convention and the temporary owners' convention shall bear corresponding civil liabilities. In violation of the owners' convention and the temporary owners' convention, the owners' committee or the relevant owners and users may bring a civil lawsuit to the people's court.
Article 54 If the property management enterprise and the owners fail to perform their obligations in accordance with the provisions of these Detailed Rules and the stipulations of the property service contract, one of the parties may complain to the owners' committee or neighborhood offices, township people's governments and property management administrative departments, or apply for arbitration or bring a lawsuit to the people's court according to law.
Fifty-fifth for owners and users who do not abide by the rules and regulations and do not change after education, community neighborhood committees and owners' committees may publicize their behavior.
If the owners fail to pay the property service fee as agreed in the property service contract, the owners' committee shall urge them to pay within a time limit; Property management companies can call for payment, and if they still fail to pay within the time limit, the property management companies can charge a late fee of five ten thousandths per day, and when necessary, they can also take corresponding restrictive service measures or bring a lawsuit to the people's court.
Owners who fail to pay property service fees in full and on time shall not be elected as owners' representatives and members of owners' committees, and their relevant units shall actively help to carry out ideological education, and collect them if necessary. Owners' representatives and members of the owners' committee who can't pay the property service fees in full and on time can be dismissed according to law if they can't make corrections through education.
If the collection rate of property service fees in a property management area is less than 50% for more than 3 consecutive months, the property management enterprise may propose to the owners' committee to terminate the contract. If the collection rate is still below 50% within two months, with the consent of the local and county property management administrative departments, sub-district offices and township people's governments, the property management enterprises can quit by themselves, and the owners can hire another property management enterprise.
Fifty-sixth property management companies fail to pass the annual inspection, and the property management administrative department shall order them to make rectification within a time limit; If the rectification is still not in place, its qualification level shall be lowered until its qualification certificate is revoked.
Fifty-seventh in violation of the provisions of Article 44 and Article 47 of these rules, the real estate administrative department shall not apply for the house title certificate according to the relevant provisions of the Measures for the Administration of Facilities and Equipment Maintenance Funds in Jiangsu Province (Su [2000] No.22 and Su Caiji [2000] No.3). Su [2000] No.22 and Su Caiji [2000] No.3 Residential Parts and Facilities Maintenance Funds are the special maintenance funds in these Detailed Rules.
Article 58 The owners' committee and the property management company shall promptly stop the buildings, structures or other facilities built within the property management area without the approval of the planning department, as well as acts that violate the laws, regulations and rules of city appearance, environmental sanitation and municipal administration. If it is ineffective, it shall report to the administrative law enforcement department of urban management and deal with it according to law; All kinds of illegal buildings, structures and other facilities built in violation of the provisions of the construction project planning permit shall be dealt with by the competent department of city planning administration according to law, and the relevant departments shall cooperate with the investigation.
Fifty-ninth in violation of the provisions of these rules, should be punished by the industry and commerce, price, finance, public security, planning, construction, environmental protection, landscape and other departments, in accordance with the provisions of relevant laws, regulations and rules.
Chapter VIII Supplementary Provisions
Article 60 Where the meanings of terms such as owner, user, property, property management area, parts used by property and facilities used by property have been stipulated in these Detailed Rules, such provisions shall prevail.
Article 61 These Rules shall come into force on August 1 2003, and the Interim Measures for Property Management of Urban Residential Areas in Huaiyin City (Huai [1997] 134) shall be abolished at the same time.
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