Article 1 is to regulate the management of property service charges and safeguard the legitimate rights and interests of owners and property service entities. According to the "People's Republic of China and the Civil Code" and the "People's Republic of China Price Law" , the State Council's "Property Management Regulations", "Hubei Province Price Regulations", "Hubei Province Property Service and Management Regulations (2019 Revision)", "Hubei Province Pricing Catalog (2021 Edition)" and other laws, regulations and relevant provisions, combined with the city's Based on the actual situation in the urban area, this management method is formulated.
Article 2 These Measures apply to property service charges and supervision and management within the administrative area of ??our city’s urban areas (including the Development Zone and Tieshan District).
Article 3 Property service charges shall follow the principles of legality, reasonableness, openness, good faith, and consistency between quality and price.
The term "property service charges" as mentioned in these Measures refers to the fact that the property service entity repairs, maintains and manages the house, supporting facilities and equipment and related sites in accordance with the property service contract, and maintains the environmental sanitation and safety within the property management area. Related orders, fees charged to owners or property users.
Chapter 2 Early-stage residential property service charges
Article 4: The early-stage residential property service charges in urban areas of our city are subject to graded (star-rated) pricing. The property service level is determined by the municipal development and reform department in conjunction with the municipal housing and urban-rural construction department. The service content and service standards of each level are in principle implemented in accordance with the star standards stipulated in the "Huangshi City Residential Property Service Specifications". The corresponding charging standards for each level It is formulated by the municipal development and reform department in accordance with the prescribed pricing authority and procedures.
Article 5 The construction unit shall openly select and hire the preliminary property service entities in accordance with the law, agree with them on specific standards within the charging standards set by the government departments, sign a preliminary property service contract, and submit it to the city within 15 days. Filing with the Department of Housing and Urban-Rural Development.
Article 6 Before the delivery of the house, the property service entity shall apply to the municipal development and reform department for approval of the preliminary residential property service charging standards and submit the following information:
(1) Regarding approval Request for instructions on charging standards for early-stage property services in residential communities;
(2) Basic information submission form for early-stage residential property services in Huangshi City;
(3) Business license and legal representative of property service entities ID card, winning bid contract for preliminary property services;
(4) Detailed construction planning drawings of the project;
(5) Preliminary property acceptance inspection record form for the community.
Article 7 The municipal development and reform department shall comprehensively consider the enterprise star rating, service star rating, service content, service standards of the property service entity, as well as the size, environment, facilities and equipment standards of the community served, and the owner's affordability , property service charging standards of surrounding communities and other factors, determine and approve the preliminary property service charging standards of residential communities.
Property service entities should collect property service fees from owners in accordance with the preliminary property service charging standards for residential communities approved by the municipal development and reform department.
Article 8 The property service fees from the effective date of the preliminary property service contract to the date of house delivery shall be fully borne by the construction unit; the property service fees after the date of property delivery shall be borne by the owner.
If the delivery conditions are met and the owner fails to complete the house delivery procedures overdue due to his own reasons, the property service fee will be borne by the owner from the date when the construction unit notifies the owner in writing to handle the delivery and collection procedures. If the construction unit delivers the house that fails to meet the delivery conditions to the owner, it shall bear corresponding responsibilities and bear the initial property service fees.
Article 9 Property service fees shall be calculated based on the building area registered in the real estate certificate and shall be charged on a monthly basis.
Article 10: After the delivery of a house that meets the delivery conditions, if no one moves in within the first year, the owner shall pay property service fees based on 50% of the previous property service fee standards during the vacant period.
Article 11 For residential communities developed and constructed in phases, the property service charging standards for houses of the same type developed in the later period shall, in principle, not exceed the property service charging standards for the same type of houses developed in the early stage. Before the houses in residential communities developed and constructed in phases are delivered, property delivery and acceptance inspections shall be carried out according to the phased areas.
Chapter 3 Post-Residential Property Service Charges
Article 12 If one of the following conditions is met, the sub-district office or the township people’s government shall organize the first owners’ meeting in the property area, An owners' committee is elected, and its later property service charges will no longer be subject to government pricing management:
(1) The area of ??the exclusive part of the house delivered reaches 50% of the total area of ??the building;
(2) The number of houses delivered reaches 50% of the total;
(3) It has been two years since the first owner moved in and the proportion of occupied households has reached 100% Of twenty.
Article 13 To implement property services other than government pricing management, the owners' committee shall sign a property service contract with the property service entity decided to hire by the owners' meeting. Property service entities shall register with the housing and urban-rural development department within fifteen days. The property service contract shall include the property service content, service standards, charging items, charging standards and adjustment methods, charging methods, the rights and obligations of both parties, the management and use of property service rooms, special residential maintenance funds, the use parts and ** * Agree on the management and use of facilities and equipment, contract period, withdrawal of property service entities, transfer of data, liability for breach of contract, etc. Residential communities can also implement owner self-management.
Article 14 When entering the later stage of property management, the property service entity or the owners committee may submit an application to the sub-district office to adjust the charging standards for property services in the community after being authorized by the owners' meeting.
(1) Before adjustment, the sub-district office, community (village) residents committee, together with the owners committee and other relevant parties, evaluate the rationality and necessity of adjusting the property charging standards. If necessary, the sub-district office and other organizations will conduct the assessment Cost survey, propose an adjustment plan, and post it at prominent locations such as the entrance and exit of the property management area, the entrance and exit of each building unit, and publicize the proposed adjustment of charging standards, reasons for adjustment, cost changes and other information on the owner's WeChat or QQ group. The publicity time will not be determined. Less than fifteen days.
(2) Subdistrict offices, community (village) residents committees and other organizations shall hold hearings on adjustment of community property service fee charging standards.
(3) After passing the hearing, and authorized by the owners' conference, the owners' committee and the property service entity will sign a property service charge standard adjustment contract.
The specific adjustment measures shall be formulated by the municipal housing and urban-rural development department.
Article 15 For residential communities that meet the conditions for convening an owners’ meeting but have not yet held the first owners’ meeting, the residential property service charging standards can continue to use the early property service charging standards approved by the municipal development and reform department.
Article 16 encourages all urban districts to innovate property service management according to local conditions, and promote the value of serving the masses in old communities and rebuilt communities through government guidance, market operation, social participation, and multiple governance models. The development of "red properties" that is oriented and reflects public welfare attributes can better meet residents' basic property service needs.
Chapter 4 Parking Space (Garage) Charging and Management
Article 17 The construction unit shall construct parking spaces (garage) in accordance with the construction project planning and design conditions and construction standards, giving priority to those that meet Owner parking needs. Before selling commercial housing, the construction unit should formulate a parking space (garage) rental and sales plan, clarify the ownership and quantity of parking spaces (garage), rental price, sales price, price validity period, etc., and file with the municipal housing and urban-rural development department in accordance with regulations.
During the pre-sale of commercial housing, the construction unit shall publicize the registered parking space (garage) rental and sales plan in a conspicuous position of the sales venue. It shall not rent or sell at an unfairly high price, nor may it only sell without renting or bundle it with commercial housing. Rental and sale, etc., shall not be limited to long-term rentals rather than short-term rentals, and the rental period shall be in units of months, quarters, and years.
Article 18 Parking fee management within the property management area (parking fee includes parking space service fee).
(1) The parking spaces used for parking vehicles on roads or sites owned by owners within the property management area belong to all owners*** and parking fees can be charged. The details of their management, use and charging are as follows: Matters shall be decided by the owners' meeting, and construction units and property service entities shall not sell or sell in disguised form.
(2) For parking spaces (garages) within the property management area that are determined in accordance with the construction project planning permit and the initial registered owner is the construction unit, the parking spaces (garages) shall not be sold to units or individuals other than the owners. After purchasing a parking space (garage), the owner only needs to pay the parking space service fee, and the owner who rents the parking space must pay the parking fee. Parking spaces (garages) can be rented out after priority is given to meeting the needs of the owners, and each rental period shall not exceed one year.
(3) Parking spaces (garages) set up using underground civil air defense facilities in the property management area cannot be sold, and owners must pay parking fees when renting parking spaces.
(4) The construction unit or property service entity must provide temporary parking services for owners or visitors.
Article 19 The following vehicles entering residential and non-residential property management areas shall be exempted from parking fees:
(1) Military vehicles, police vehicles, and fire trucks performing tasks , ambulances, disaster relief and emergency vehicles, postal vehicles (including letter delivery, cargo express delivery, food takeaway, etc.), sanitation vehicles, municipal facility maintenance and repair vehicles, funeral vehicles and other vehicles;
(2) According to the law, Regulations stipulate that vehicles that should be exempted from vehicle parking service fees, such as special vehicles necessary for disabled people; (3) For vehicles that are temporarily parked for no more than 30 minutes, all service entities are encouraged to combine their own management and business needs, appropriately extend the free parking time or period to provide more preferential services to owners;
(4) Vehicles that provide moving and goods delivery services for owners or property users;
(5) Other vehicles approved by the Municipal People’s Government for free.
Chapter 5 Decoration Charges and Management
Article 20 House decoration shall be subject to deposit management. The decoration deposit shall not exceed 2,000 yuan/unit at a time. Within three months after the completion of the house decoration Must be returned; if the owner or property user entrusts a property service entity to clear and transport the construction waste generated by the decoration, the removal fees shall be agreed upon by both parties; if the owner or entrusts other service entities to clear and transport the construction waste, the owner shall obey the management of the property service entity and promptly do so. Good garbage cleaning and removal.
Property service entities shall not charge other fees such as decoration management fees, elevator transportation fees, etc. If the people's government at or above the provincial level has other regulations, such regulations shall prevail.
If the owner or property user causes damage to public areas, facilities and equipment during the renovation process, the owner or property user shall be responsible for repairs or compensation.
Article 21: Outsiders, property service entities, etc. who decorate houses or provide temporary services such as maintenance and installation for owners or property users shall not charge any fees. If it is indeed necessary to implement access card (card) management, the deposit can be collected according to the published standards and will be fully refunded when the card (card) is returned.
Chapter 6 Code of Conduct and Supervision and Management
Article 22: If a residential area implements access card (card) management, the construction unit or property service entity shall allocate free access to the owners. Certificates (cards), access control cards, vehicle identification cards, etc. If the owner needs to replace it due to loss, damage or other reasons, the production cost can be charged according to the published standards.
Article 23 The income derived from the operation of the owners’ special parts, facilities and equipment belongs to all owners, and the owners’ meeting shall decide the method and purpose of their use.
The property service entity collects and keeps the operating income in the preceding paragraph on its behalf, and can withdraw labor fees according to the property service contract. For early-stage property service communities that have not established an owners' meeting, collection fees will be supervised jointly by the community where they are located, the collection entity, and the bank, and will be used in accordance with the community's temporary management regulations.
The income and expenditures from property service fees, as well as the income and expenditures from the operation of the owner’s occupancy, facilities and equipment, shall be disclosed every six months, audited in a timely manner, and subject to the supervision of the owner.
Article 24 When a property service entity accepts entrustment to collect water, electricity, heating and other expenses, it shall not charge handling fees and other expenses from the owner. The property service entity has accepted the entrusted collection of fees, and other departments and units are not allowed to collect them repeatedly.
No unit or individual may force property service entities to collect relevant fees or provide free services.
Article 25 The owner or property user shall pay property service fees as agreed in the contract. If payment is not made as agreed, the owners' committee shall urge them to pay within a time limit. Property service entities that still fail to pay within the time limit may also apply for arbitration or initiate litigation in accordance with the law. Specific collection methods shall be formulated by the municipal housing and urban-rural development department.
Article 26 Property service entities shall not reduce service content, lower service quality, or bind elevator cards, access cards and other restrictions on the grounds that owners or property users are in arrears of property service fees or do not cooperate with management. The owner travels, interrupts or disguises the water supply, power supply, gas supply, heat supply in a limited time limit, etc., and restricts the owner's use of elevators and other actions that harm the owner's legitimate rights and interests.
Article 27 If conflicts and disputes arise between property service entities in residential areas and owners, grassroots organizations must actively play a leading role and implement community residents’ committees (villages), sub-district offices (towns), and urban district governments to resolve disputes one by one. Reporting system for graded mediation offices.
Subdistrict offices and community residents’ committees should incorporate disputes such as community property charges and parking management into the daily work of local civil conflict and dispute mediation, and conduct regular investigation and resolution.
After conflicts and disputes occur, community residents' committees and sub-district offices should actively organize mediation, or they can entrust the people's mediation organization in the jurisdiction to mediate. If no consensus is reached after coordination and mediation, the urban district government shall organize mediation through coordination meetings, hearings, etc., and invite NPC deputies, CPPCC members, and lawyers to participate.
If the urban district government still cannot reach an agreement after organizing mediation, it will guide relevant owners, property service companies and relevant units to resolve the matter through legal proceedings in accordance with the law, report the relevant situation, and do a good job in relevant petition work.
Article 28 Property service entities shall abide by laws, regulations and policy provisions, strictly perform contracts, standardize charging behavior, and provide owners with services consistent with quality and price; and shall set up a property service center in a conspicuous location in the property service area in accordance with regulations. The property service information bulletin board publishes and timely updates the basic information, contact information and property service complaint hotline of the person in charge of the property project, property service content and standards, charging items and standards, elevators, fire protection and other facilities and equipment maintenance units and contact information, Information such as the usage of parking spaces and garages, property fees, and the owner's partial operating income and expenditures, elevator maintenance expenditures, etc. can be notified to the owners through owner groups and other methods at the same time.
Article 29 Responsibilities of each department: Municipal and district housing and urban-rural development departments are the competent departments of the property service industry and perform industry supervision responsibilities in accordance with the law.
The municipal development and reform department is responsible for approving the preliminary property service charging standards for residential communities, and the district development and reform department is responsible for publicizing and explaining the preliminary property service charging standards.
Municipal and district market supervision and management departments are responsible for supervising the charging behavior of property service entities. They charge fees without approval of the previous property service charging standards, increase or covertly increase the charging standards, and fail to publicize the charging standards as required. Investigate and punish price violations.
Other relevant departments perform their duties in accordance with the law.
Chapter 7 Supplementary Provisions
Article 30 Daye City and Yangxin County shall formulate specific measures based on local actual conditions.
Article 31 These Measures shall be interpreted by the housing and urban-rural development department, development and reform department, and market supervision and management department in accordance with their respective responsibilities.
Article 32: These measures will be promulgated and implemented from the date of issuance, and will be valid for 5 years. If new policies are issued by superiors, the new policies will be implemented. From December 21, 2020 to the promulgation and implementation of these measures, the collection of housing property fees will be implemented in accordance with these measures.