The "Chifeng City Property Management Regulations", also known as the "Chifeng City Residential Community Property Management Measures", came into effect on February 1, 2000. The following is the full text of the "Fengshan City Residential Community Property Management Measures" that I compiled. Welcome to read and reference!
Chapter 1 General Principles
Article 1 In order to strengthen the property management of urban residential areas, improve the overall management level of the city, and provide residents with a comfortable, convenient, civilized and clean living environment , these measures are formulated in accordance with the relevant regulations of the state and the autonomous region and in combination with the actual situation of this city.
Article 2 Residential areas of more than 20,000 square meters (including residential groups, hereinafter referred to as residential areas) formed through unified planning, comprehensive development, and supporting construction shall follow the principles of openness, fairness, and fair competition , adopt a bidding method to select and hire property management companies to implement property management.
Article 3 Property management means that the property management company, entrusted by the owners’ management committee, uses corresponding management methods and applicable repair and maintenance techniques to manage the location, facilities, greening, sanitation, transportation, environmental features, etc. of the house. Carry out paid service activities of comprehensive maintenance, repair and renovation.
Article 4 The construction administrative departments of the people's governments at all levels are responsible for property management work at the same level, supervise, inspect and guide property management enterprises, and set up complaint hotlines to accept complaints from the masses against property management enterprises.
Relevant departments such as planning, finance, price, land, civil affairs, health, environmental protection, public security, fire protection, radio and television, electric power, telecommunications and sub-district offices shall cooperate with the construction administrative department in accordance with their respective responsibilities. Property management work.
Chapter 2 Residential Area Owners Management Committee
Article 5 A residential area that implements property management shall establish an owners management committee (hereinafter referred to as the management committee) to implement owner self-management. The management committee is established under the guidance of the construction administrative department and is composed of representatives elected by housing property owners, users, residential area sub-district offices, property management companies and development and construction units.
Article 6 Before the establishment of the management committee, the construction administrative department shall designate a property management company to intervene in the early stage management. The property management company shall sign a letter of intent to intervene in the early stage management with the development and construction unit, and shall provide for the facilities and equipment maintenance fund of the residential community and the residential property management company. The supporting facilities of the community, management buildings, maintenance during the warranty period, etc. are agreed upon. After the management committee is established, the management committee, together with the construction administrative department, will organize a bidding process to select a property management company, and the management committee will sign a property management entrustment contract with the property management company.
Article 7 Rights and Obligations of the Management Committee
1. Rights of the Administrative Committee
(1) Formulate the charter of the management committee to represent the owners and the use of the building people, safeguard their legal rights and implement the resolutions of the owners' meeting;
(2) Convene and chair the owners (representatives) meeting and report work to the meeting;
(3) The construction administrative supervisor Under the guidance of the department, adopt the form of public bidding and entrust the property management company to conduct property management of the residential area;
(4) Review the annual management plan for the residential area formulated by the property management company and major measures related to management;
(5) Review the use plan of special maintenance funds for residential areas;
(6) Inspect and supervise the implementation of management work and service work of the property management company;
(7) Promote and implement the laws, regulations and policies of the country, autonomous region and city related to property management;
Second, the obligations of the management committee
(1) Comply with and fulfill the property management Management entrustment contract;
(2) According to the opinions and requirements of property owners and users, inspect and supervise the management work of the property management company, and coordinate and resolve conflicts between property owners, users and the property management company ;
(3) Assist the property management company in implementing various management measures in residential areas;
(4) Accept the supervision of building owners and users;
(5) Supervise property owners and users to pay property management fees on time;
(6) Coordinate the relationship between relevant management departments of residential communities;
(7) Accept construction administration Supervision and guidance from the competent authorities;
(8) Shall not engage in various business activities.
Chapter 3 Property Management Company
Article 8 A property management company is a professional enterprise that has obtained a property management qualification certificate and implements unified and comprehensive management of residential communities. It is an economic entity with independent legal personality. Property management companies follow the principles of independent operation, paid services, and responsibility for their own profits and losses, and gradually implement a socialized and professional management model.
Article 9: The county and district construction administrative departments of banners are responsible for conducting a preliminary review of the establishment of property management enterprises. After passing the preliminary review, they shall report to the municipal construction administrative department for approval. A property management company that has obtained a property management qualification certificate shall register with the municipal administrative department for industry and commerce, obtain a business license, and handle relevant procedures such as charging licenses with the municipal price department.
Article 10 The municipal construction administrative department shall implement an annual inspection system for property management qualification certificates, strengthen supervision, and ban units or organizations that are not qualified to undertake property management business.
Article 11 Property management enterprises shall conduct property management in accordance with the property management contract. The property management contract shall be formulated by the municipal construction administrative department.
Property management personnel will be on duty to provide civilized and high-quality services.
Article 12 Rights and obligations of the property management company:
First, the rights of the property management company
(1) Formulate the management of the property under management Rules and regulations;
(2) Collect property management fees in accordance with relevant regulations;
(3) Have the right to request the management committee to assist in management;
(4) The right to stop property owners and users from violating rules and regulations;
(5) The right to hire franchise companies to undertake special management services;
(6) Can implement a variety of Operate and use its income to supplement property management fees.
2. Obligations of the property management company
(1) Fulfill the property management contract, operate in accordance with the law, and provide quality services;
(2) Implement the national "Property Management Contract" Manage Enterprise Financial Management Regulations" and accept the supervision and inspection of the financial department at the same level;
(3) Submit the management work plan, major management measures and special maintenance fund use plan to the management committee;
< p>(4) Accept the supervision of the management committee and the building owners and users;(5) Accept the supervision and management of the environmental sanitation of the residential area by the sub-district office;
( 6) Accept the supervision and guidance of the construction administrative department;
(7) Set up a complaint hotline to handle complaints from the masses against the company's employees.
Article 13 If the property management company fails to meet the standards stipulated in the property management entrustment contract, or violates the provisions of the property management entrustment contract, the management committee or the entrusting party may terminate the contract.
If poor management, repair and maintenance cause losses to property owners and users, the property management company shall compensate for the losses; violations of relevant laws, regulations and policies shall be dealt with by the construction administrative department in accordance with relevant regulations. .
Article 14 Property management enterprises can enjoy the country’s preferential policies for the tertiary industry.
Chapter 4 Property Management in Residential Areas
Article 15 All residential areas shall implement property management. A residential complex must be managed by a property management company. Units in residential complexes should be managed by property management companies.
Article 16 During the construction of residential communities, the property management company shall assist the development and construction unit and the quality inspection department to ensure the quality of the project, and coordinate and solve problems in a timely manner when problems are discovered. After the completion of the project, the construction administrative department and the property management company involved in the early management will conduct a comprehensive inspection and acceptance of the implementation of the agreed content. If the project fails to pass the acceptance inspection, the construction project management department and the quality inspection department will not accept the completed project.
Article 17 After the house is delivered for use, the development and construction unit is responsible for maintenance during the warranty period. If the development and construction unit is unable to carry out maintenance, it can pay a maintenance lump sum fee of 2% of the construction price to the entrusted property management company (the fee will be paid from the construction unit's project quality deposit). During the warranty period, the property management company will be responsible for maintenance (structural quality accidents) except).
Article 18 The urban planning and design department must plan and design the specific locations and construction drawings of residential management service buildings and commercial buildings based on 0.5% of the total construction area. Construction costs are allocated by the development and construction unit at a rate of 0.5% of the development area, and are included in profits and shall not be included in housing prices. After the house is completed, the property rights belong to the management committee and the use is supervised by the construction administrative department.
Article 19 When handing over the property, the development and construction unit shall hand over the following materials (copies) to the property management company:
1. Residential community planning and completed total area map;
p>
2. As-built drawings of individual buildings, structures, and equipment;
3. As-built drawings of underground pipe networks;
4. Urban planning acceptance project quality inspection and acceptance certificates;
5. Property rights list.
Article 20 Public facilities, equipment and public spaces in residential areas shall be managed and operated by property management companies, and their income shall be used to supplement the property management funds of residential areas.
Article 21 The owner and user of the house are responsible for maintaining the self-used parts of the house and the facilities and equipment for self-use; * * * The supporting parts of the house, * * * the supporting facilities and equipment shall be unified by the property management company management and maintenance.
Article 22 Contents and Standards of Property Management:
1. Management of facilities and equipment used by * * *: Facilities and equipment used by * * * are in good condition and do not exist Any change of use; the roads are smooth and there are no hollows, collapses, or water freezing; sewage wells and septic tanks should be cleaned in a timely manner.
2. Community greening management: The lawn flower beds are lush, the leaves are normal, the crown is intact, the colors are bright, the layers are clear, and the levels are orderly; there are no dead branches and leaves on the flowers and trees, and pests and diseases are prevented; there are no piles of materials in the lawn. There was no apparent vandalism.
3. Environmental sanitation management: Complete sanitation facilities such as trash cans and bagged trash cans; * * * Stairs, handrails, walkways, basements, etc. It should be kept clean and debris should not be piled up randomly; the environment should be clean and tidy, and there should be no accumulation of debris around the building; there should be no graffiti in residential areas, building exterior walls, and corridors; public areas and green spaces should be cleaned in a standardized manner, and garbage should be cleaned up every day.
Article 23 The maintenance and environmental protection of water supply and drainage, power supply, heating, telecommunications, cable TV and other pipelines in residential areas shall be the responsibility of various professional departments. The specific scope is:
First, the heating department is responsible for the maintenance and management of heating facilities, equipment, heating pipes, and radiators in residential areas.
Second, the water supply department is responsible for the maintenance and management of water supply facilities and equipment, water supply pipelines, and household metering valves in the community.
3. The power department is responsible for the maintenance and protection of contact points from overhead lines and underground lines in residential areas to user sub-meter gates.
4. The environmental protection department is responsible for the control of community environmental pollution and noise nuisance.
5. The telecommunications and cable television departments are responsible for the maintenance and management of residential areas, residents, lines, facilities and equipment; if installation or decoration is involved, the consent of the property management company must be obtained.
6. Domestic garbage in residential areas under property management shall be collected by the property management company and transported to garbage transfer stations or garbage points.
7. The boundary between residential area environmental sanitation management and street office management where property management is implemented shall be the outer edge of the residential building. For the old streets and lanes in the past, if they become sidewalks in the community after the development and construction of the community, they will be managed and cleaned by the property management company; the lanes that are still urban streets will be managed and cleaned by the street office; the houses that are not included in the property management will be managed and cleaned by the street office. It is managed by the property rights unit, and its environmental cleaning is supervised and managed by the sub-district office.
Article 24 The property owners and users of residential houses must abide by the following regulations:
1. The nature, structure, appearance and color of the house shall not be changed without authorization; modifications shall not be made without authorization , connect, damage or dismantle the house and ancillary facilities and equipment.
2. It is prohibited to pile up debris and illegal construction in public courtyards, corridors, roofs and stairs; it is prohibited to build walls and store overweight items on balconies; it is prohibited to damage garden facilities; it is prohibited to encroach on or trample on green spaces; it is prohibited to disorderly Dumping garbage, dumping sewage, littering melon peels and cores, and paper scraps; it is strictly prohibited to throw debris into sewer pipes; it is prohibited to write, carve, and post on buildings and structures; it is prohibited to raise poultry and livestock; it is prohibited to engage in activities that affect the community environment. adversely affecting activities.
3. Bicycles and motor vehicles are not allowed to be parked in residential areas; trucks are prohibited from entering residential areas (except through urban roads in residential areas).
Article 25 House owners and users must obey the normal management of the property management company, abide by the owner's agreement, and consciously pay property management fees on time. If the property management business is contracted without qualifications, the property owner or user shall have the right to refuse to pay the fees.
Chapter 5 Property Management Fees
Article 26 Property management fees refer to the location, maintenance of facilities and equipment, and environmental protection provided by the property management company to the owners and users of the houses. Service fees such as sanitation and greening shall be declared by the property management company based on the actual services provided by the residential community.
Article 27 According to the documents of the State Planning Commission, the Ministry of Construction, the Price Bureau and the Autonomous Region Construction Department, property management fees include: 1. Wages and surcharges; 2. Daily operation, maintenance and upkeep costs of facilities and equipment; 3. Greening management fees; 4. Cleaning and sanitation fees; 5. Safety costs; 6. Office expenses; 7. Property Depreciation of fixed assets of the management unit; 8. Statutory taxes and fees; 9. Profit.
Article 28 The municipal price department is the approval authority for property management service charges and is responsible for the supervision and management of property management charges.
Article 29 The property management fees for office buildings and commercial buildings in residential communities shall be charged at 10% and 20% respectively according to the residential community charging standards.
Article 30 The property management fee for vacant houses shall be charged at 50% of the charging standard in the residential area.
If the owner does not move in for any reason, the property management fee shall be borne by the owner; if the development and construction unit has unsold vacant houses, the property management fee shall be borne by the development and construction unit.
Article 31 For any residential community rated as having excellent property management by the country or autonomous region, the property management fees will be increased by 20% and 10% respectively from the month following the date of approval.
Article 32 Property management special service fees refer to fees charged for providing services (such as babysitting, newspaper delivery, mailing letters, gas, etc.) for the special needs of owners and property users. ). The special service fee is set by the operator and filed with the local price department.
Article 33: Property management service charges shall implement a clear price marking system, a charging license system and an annual inspection system. Property management fees must be collected with vouchers, and bills issued by the municipal construction administrative department shall not be increased without authorization.
Article 34 The municipal construction administrative department and the municipal finance department shall study and formulate the management methods and corresponding systems for the * * * parts of the house and * * * facility maintenance funds, and submit them to the Municipal People's Government for approval before implementation .
Chapter 6 Violation of Laws
Article 35 The property management company violates Articles 11, 12, 13, and 22 of the "Measures" Article 33 of Article 33, the construction administrative department shall give a notice of criticism based on the situation, and in accordance with the relevant provisions of the Ministry of Construction's "Trial Measures for the Management of Qualifications of Property Management Enterprises", the qualification level shall be reduced or the qualification shall be revoked.
Article 36 If the property owner or user violates the provisions of Article 24, the property management company shall stop it, criticize and educate, order restoration to the original state, and compensate for losses; causing a major accident shall constitute a crime , criminal liability shall be investigated by judicial organs.
Article 37 Owners and users shall pay property management service fees to the property management unit in accordance with the charging items and standards approved by the price department. If payment is not made in accordance with regulations, the property management unit has the right to demand compensation. If property management fees are not paid for a long period of time, the property management company may apply for arbitration or litigation.
Article 38 If the development and construction unit violates the provisions of Articles 17 and 18 of these Measures, the construction project management department and the quality inspection department shall not conduct project completion acceptance, and the construction management department shall not conduct comprehensive acceptance.
Article 39 If relevant departments violate Article 23 of these Regulations, the person in charge of the department shall be held administratively responsible.
Article 40 If a dispute arises between the management committee or the development and construction unit and the property management enterprise, or between the property management enterprise and the property owner or user, it may apply to the construction administrative department for coordination. If coordination fails, you may apply for arbitration or litigation.
Article 41 Any interference or obstruction of staff of the construction administrative department, management committee and property management company in the performance of their official duties shall be dealt with by the public security organs in accordance with the relevant provisions of the "Public Security Management Punishment Regulations of the People's Republic of China" .
Chapter 7 Supplementary Provisions
Article 42: These measures apply to Hongshan District, Songshan District, Yuanbaoshan District and Qixian County.
Article 43 These Measures shall come into effect from the date of promulgation, and the implementation of the "Chifeng City Implementation Plan for the Implementation of the "Decision of the State Council on Deepening the Reform of the Urban Housing System"" (Chifeng City [1997] No. 128 ) stipulates that a management fee of 0.35 yuan per square meter shall be charged based on the use area of ??the house.
The "Chifeng City Residential Community Property Management Interim Measures" (No. 1997) is abolished at the same time.
Article 44 The Municipal Construction Bureau and the Municipal Price Bureau are responsible for the interpretation of these Measures.
Extended reading:
Basic principles of property management
(1) Principle of clear responsibilities:
In the property management area, The rights and responsibilities of owners, owners' congresses, owners' committees and property management companies should be very clear, and the rights and responsibilities of various departments of property management companies should be clear. All owners within a property management area form an owners' meeting, and the owners' committee is the executive body of the owners' meeting. Property rights are the basis of property management rights. Owners, owners' conferences or owners committees are the main body and core of property management rights.
(2) Owner-led principle:
Owner-led refers to taking the needs of owners as the core and putting owners first in property management activities. Emphasizing the leading role of owners is the fundamental difference between modern property management and housing management under the traditional system.
(3) The principle of service first:
Everything we do is service, and property management must adhere to the principle of service first.
(4) Principle of unified management:
Only one owners' meeting can be established in a property management area, and a property management enterprise can implement property management in a property management area.
(5) Principle of professional efficiency:
Uniform management of property management companies does not mean that all work must be undertaken by the property management companies themselves. Property management enterprises can entrust special services within the property management area to professional service enterprises, but they are not allowed to entrust all property management within the area to others.
(6) Reasonable charging principle:
Property management funds are the material basis for good property management. Property service charges should follow the principles of being reasonable, fair, and commensurate with the level of service. To distinguish the nature and characteristics of different properties, owners and property management companies should make an agreement in accordance with relevant regulations. The fees charged must be acceptable to both owners and users, who feel that the quality and price are consistent and that they are worth the money. Special maintenance funds for property management shall be managed and used in accordance with the law. Property management companies can increase revenue by implementing paid services and diversified operations.
(7) Principle of fair competition:
Property management is a product of the socialist market economy, and an open, fair and just competition mechanism should be implemented. When selecting a property management company, the bidding system must be adhered to, and the client shall issue a bid. Generally, more than three property management companies should bid, and the bidding should be open and fair.
(8) Principle of acting in accordance with the law:
The problems encountered in property management are very complex and involve a wide range of areas. The entire property management process is always inseparable from laws and regulations. A property service contract signed in accordance with the law is a legally binding normative document and the basic basis for property management.
;