Compared with the previous related measures, the Municipal Regulations added three chapters: property warranty fund, residential special maintenance fund, credit management and supervision and management. At the same time, the "Municipal Regulations" clarified the management boundaries of the government and relevant departments, and promoted the expansion of comprehensive administrative law enforcement to public places in residential quarters. It is worth mentioning that, in view of the public's general concern to promote the preparations for the first owners' meeting, specific provisions have been made on the management, use and supervision of warranty funds and residential special maintenance funds.
Up to now, all commercial housing communities in our city have implemented property management.
Promote the convening of the first owners' meeting and advocate owners' autonomy.
One of the reasons why it is difficult to establish the owners' meeting is that it is difficult to hold the first owners' meeting, which is a long-standing problem in Changzhou. However, in practice, there are widespread problems such as developers and property service enterprises that hinder the establishment of the owners' meeting. It is understood that at present, less than a quarter of the residential quarters in Changzhou have established owners' meetings, which is difficult to restrict the development of owners' autonomy.
The Regulations of Jiangsu Province on Property Management stipulates the number, composition and publicity of the preparatory group for the first owners' meeting, but the regulations are not specific and are not smooth in actual operation. Sheng Weifeng, head of the Property Management Department of the Municipal Housing and Construction Bureau, introduced that the Municipal Regulations, in combination with the actual situation of our city, stipulated the time for the construction unit to apply in writing and the obligation to submit materials. The regulations stipulate that if a newly-built residential area meets the conditions for convening the first owners' meeting, the developer shall submit a written application to the relevant department and submit relevant documents and materials within 30 days. If the developer fails to submit a written application as required, it will be fined 1 10,000 yuan but not more than 50,000 yuan.
The regulations also implemented the preparatory funds for the first owners' meeting, and the developer paid the preparatory funds to the special account set up by the sub-district office (town people's government) before handling the first registration of house ownership. Failing to pay in accordance with the regulations, a fine of more than 50,000 yuan10,000 yuan will be imposed. In addition, the regulations also relaxed the restrictions on the members of the preparatory group, stipulating that developers will not send personnel to participate, which will not affect the establishment of the preparatory group.
Property management personnel carefully maintain every corner of the community.
Establish a property warranty system and strengthen the developer's warranty responsibility.
Sheng Weifeng revealed that at present, many property disputes in our city are caused by developers not actively fulfilling their property warranty responsibilities. When property quality problems are not solved, owners often refuse to pay property fees and other behaviors. Originally, the contradiction between owners and developers turned into the contradiction between owners and property service companies, forming a vicious circle.
In order to further protect the legitimate rights and interests of the owners and urge the developers to fulfill their due warranty responsibilities, the "Municipal Regulations" draws on the advanced experience of the legalization of property management in Zhejiang Province and Nanjing, and establishes a residential property warranty fund system in Article 52, which further strengthens the developer's warranty responsibility and provides a way to solve the property quality problems during the warranty period.
According to the "Municipal Regulations", before the first registration of house ownership, the developer should deposit the property warranty fund according to the standard of the total cost of construction and installation project 1%, which is used for the maintenance expenses that the construction unit fails to perform the warranty responsibility during the property warranty period, or cannot perform the warranty responsibility due to closure, bankruptcy and other reasons.
According to the municipal regulations, the deposit period of the property warranty fund is five years. During the property warranty period, if the property warranty fund is insufficient to pay the maintenance cost, it shall be made up by the developer. After the warranty period expires, if there is any balance in the warranty fund, it will be returned to the developer. It is reported that the Interim Measures for the Management of Residential Property Warranty Funds in Changzhou City are being formulated, which will clarify the specific provisions and requirements on deposit, use and refund, supervision and management, legal liability and so on. It is expected to be promulgated this year.
The healthy development of property management not only improves the environmental quality of residential areas in our city, promotes urban construction and management, but also enhances the happiness index of citizens.
If the special maintenance fund is "difficult to sign", a negative vote can be used.
It is difficult to raise and use maintenance funds, and it is difficult for owners to vote, which often bothers residents. In order to solve the problems of "difficulty in voting" and "two-thirds" which restrict the use of special maintenance funds for residential buildings, Article 55 of the Municipal Regulations stipulates that "the owners' congress may stipulate in the management statute and the rules of procedure of the owners' congress that the use of special maintenance funds for residential buildings shall be by dissenting voting. If a negative vote is adopted, the notice shall be served in writing to the owner within the scope of the special maintenance fund for the house. If the notice states that the feedback is not given according to the specified time and method, it shall be deemed as consent. "
"It is actually quite difficult for the industry to take the initiative to use public * * * maintenance funds with the consent of more than two thirds of the owners, which is one of the main reasons for the difficulty in using maintenance funds. Therefore, the regulations propose that the community that establishes the owners' meeting can vote by agreement. If more than one-third of the owners don't agree, it won't work. If less than one-third of the owners disagree, it means that more than two-thirds of the owners agree. "The relevant person in charge of the city property management center said.
Standardize the owners' committee and the property management committee.
It is understood that there are currently 1032 commercial housing communities, 243 owners' committees and 392 property management committees in the city. In order to further standardize the activities of the owners' committee, the municipal regulations clearly stipulate that the owners' committee shall announce the members, responsibilities, contact information, facilities use and operating income and expenditure of * * * to the owners. Some owners think that the members of the owners' committee do not meet the prescribed conditions, they may raise objections to the owners' assembly and the owners' committee, or coordinate with the street office (town people's government) to solve them.
In order to standardize the activities of the property management committee, the Regulations on Urban Management has made strict provisions on its establishment conditions, scope of responsibilities and code of conduct. Make it clear that no less than 60% of the owners' members, and the director of the property management committee is generally held by the owners' members; If it is held by a non-owner member, a deputy director shall be clearly defined among the owners to undertake daily affairs.
In order to adapt to the development of modern science and technology, the Municipal Regulations also proposes that owners' meetings, owners' committees and property management committees can hold meetings and vote. Besides traditional methods, they can also be conducted through the public service platform for municipal property management, which will be developed and completed this year.
Credit management of property management enterprises, the establishment of information systems.
In the dynamic management of property enterprises, the "City Regulations" set up a chapter on "credit management", which clarified the responsibilities of property management departments in the construction of credit management, and established a list of untrustworthy behaviors covering construction units, property service enterprises, responsible persons of property service enterprises, responsible persons of property service projects, owners' committees and property management committees, owners and third-party institutions. At the same time, the collection subject of property management credit information and disciplinary measures for dishonesty are clarified.
At present, the Municipal Housing and Construction Bureau is working with the Municipal Credit Information Department to formulate specific measures for property management credit information management and develop a new property management credit information system.
Source: Changzhou Evening News