article 1 in order to standardize the management of property service charges and safeguard the legitimate rights and interests of owners and property service subjects, according to the Civil Code of the People's Republic of China, the Price Law of the People's Republic of China, the Regulations on Property Management of the State Council, the Regulations on Prices of Hubei Province, the Regulations on Property Service and Management of Hubei Province (revised in 2119) and the Pricing Catalogue of Hubei Province.
article 2 these measures are applicable to the property service charges and their supervision and management within the administrative area of our city (including development zone, Tieshan district).
article 3 the charging of property services shall follow the principles of legality, reasonableness, openness, honesty and credibility, and consistency between quality and price.
the term "property service charges" as mentioned in these measures refers to the fees charged by the property service subject to the owners or property users for the maintenance, conservation and management of houses, supporting facilities, equipment and related sites, and the maintenance of environmental sanitation and related order within the property management area.
Chapter II Pre-residential property service charges
Article 4 The pre-residential property service charges in urban areas of our city shall be graded (star). The grade of property service shall be approved by the municipal development and reform department jointly with the municipal housing and urban-rural construction department. The service contents and service standards of each grade shall be implemented in principle in accordance with the star standard stipulated in the Huangshi Residential Property Service Code, and the charging standards corresponding to each grade shall be 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 pre-stage realty service subject according to law, agree on specific standards with it within the charging standard set by the government department, sign the pre-stage realty service contract, and file it with the municipal housing and urban-rural construction department within 15 days.
Article 6 Before the house is delivered, the main body of property services shall apply to the municipal development and reform department for approval of the charging standard of property services in the early stage of residence, and submit the following materials:
(1) Request for instructions on the approval of the charging standard of property services in the early stage of residence;
(2) the basic information submission form of pre-residential property services in Huangshi;
(3) the business license of the property service entity, the ID card of the legal representative, and the bid-winning contract of the previous property service;
(4) detailed construction planning drawings of the project;
(5) Record Form for Undertaking Inspection of Property in Early Stage of Residential Area.
article 7 the municipal development and reform department comprehensively considers the enterprise star rating, service star rating, service content and service standard of the main body of the property service, as well as the scale, environment, facilities and equipment standards, the affordability of the owners, the charging standard of the property service in the surrounding communities and other factors, and approves and approves the charging standard of the preliminary property service in residential communities.
the main body of the property service should charge the property service fee to the owner according to the charging standard of the preliminary property service in residential quarters 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 delivery date of the house shall be fully borne by the construction unit; The property service fee after the property delivery date shall be borne by the owner.
if the delivery conditions are met and the house delivery procedures are not completed within the time limit due to the owner's own reasons, the property service fee shall be borne by the owner from the date when the construction unit notifies the owner in writing to handle the delivery and acceptance procedures. If the construction unit delivers the house that does not meet the delivery conditions to the owner, it shall bear the corresponding responsibilities and bear the property service fee in the early stage.
article 9 the property service fee shall be charged on a monthly basis according to the construction area registered in the immovable property certificate.
article 11 if the house that meets the delivery conditions is unoccupied within the first year after delivery, the owner shall pay 51% of the previous property service fee during the vacant period.
article 11 for residential quarters developed and constructed by stages, the charging standards for property services of the same type of houses developed in the later period shall not exceed those of the same type of houses in the earlier period in principle. Before the delivery of houses in residential quarters developed and constructed by stages, the property shall be delivered by stages to undertake inspection.
Chapter III Property Service Charges in Late Residence
Article 12 If one of the following conditions is met, the subdistrict office or the township people's government shall organize the first owners' meeting in the property area to elect the owners' committee, and the later property service charges will no longer be subject to government pricing management:
(1) The area of the exclusive part of the delivered house reaches 51% of the total building area;
(2) The number of houses delivered reaches 51% of the total number;
(3) It has been two years since the first owner moved in and the proportion of households who have moved in has reached 21%.
article 13 for property services other than government pricing management, the owners' committee shall sign a property service contract with the property service subject selected by the owners' congress. The main body of property services shall file with the housing and urban-rural construction departments within fifteen days. The realty service contract shall stipulate the contents of realty service, service standards, charging items, charging standards and adjustment methods, charging methods, the rights and obligations of both parties, the management and use of special maintenance funds for realty service houses and residences, the management and use of * * * used parts and * * used facilities and equipment, the contract term, the withdrawal of the realty service subject, the transfer of information and the liability for breach of contract. Residential areas can also implement owner self-management.
article 14 after entering the later stage of property management, the main body of property services or the owners' committee may, after being authorized by the owners' meeting, apply to the subdistrict office for adjusting the charging standard of residential property services.
(1) Before the adjustment, neighborhood offices, community (village) residents' committees, together with the owners' committee and other relevant parties, will evaluate the rationality and necessity of adjusting the property charging standards. When necessary, neighborhood offices and other organizations will conduct cost surveys, put forward adjustment plans, and post materials such as the proposed adjustment charging standards, adjustment reasons and cost changes in prominent positions such as the entrances and exits of the main gate and each building unit in the property management area, and publicize them on the owners' WeChat or QQ group for no less than 15 days.
(2) Street offices, community (village) residents' committees and other organizations hold hearings on the adjustment of residential property service fees.
(3) After the hearing is passed, the owners' committee will sign a contract with the main body of property services to adjust the charging standard of property services with the authorization of the owners' meeting.
the specific adjustment measures shall be formulated by the municipal housing and urban-rural construction department.
article 15 for residential quarters that meet the requirements for convening owners' meeting, but have not yet convened the first owners' meeting, the charging standard for residential property services can continue to follow the charging standard for the previous property services approved by the municipal development and reform department.
article 16 encourages all urban areas to innovate property service management according to local conditions, and through government guidance, market operation, social participation and multi-governance mode, promotes the development of "red property" that highlights the value orientation of serving the masses and embodies the public welfare attribute in old communities and communities under construction, so as to better meet the basic property service needs of residents.
chapter iv charging and management of parking spaces (garages)
article 17 the construction unit shall build parking spaces (garages) in accordance with the planning and design conditions of construction projects and the standards for allocation, giving priority to meeting the parking needs of owners. Before the sale of commercial housing, the construction unit shall formulate a parking space (garage) rental and sales plan, clarify the ownership and quantity of parking spaces (garages), rental price, sales price, price validity period, etc., and file with the municipal housing and urban-rural construction department in accordance with regulations.
when the commercial housing is pre-sold, the construction unit shall publicize the recorded parking space (garage) rental and sales plan in a conspicuous position in the sales place, and shall not rent and sell at unfairly high prices, or only sell without rent or bundle with the commercial housing, or only rent for a long time without short rent, and the rental time shall be in months, quarters and years.
article 18 management of parking fees within the property management area (parking fees include parking space service fees).
(1) The parking spaces occupied by the owners * * * with roads or sites for parking vehicles in the property management area belong to all owners * * *, and parking fees can be charged. The specific matters such as management, use and charging are decided by the owners' meeting, and the construction unit and the property service subject shall not sell them or sell them in disguised form.
(2) Parking spaces (garages) determined in the property management area according to the construction project planning permit and initially registered by the construction unit shall not be sold to units or individuals other than the owners. The owner only needs to pay the parking service fee after purchasing the parking space (garage), and the owner must pay the parking fee when renting the parking space. Parking spaces (garages) can be rented out after giving priority to the needs of the owners, and each lease term shall not exceed one year.
(3) Parking spaces (garages) set up by 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 the property service subject shall provide temporary parking service for the owners or visitors.
Article 19 The following vehicles entering residential and non-residential property management areas shall be exempted from parking charges:
(1) Vehicles such as military vehicles, police cars, fire engines, ambulances, disaster relief vehicles, postal vehicles (including mail delivery, express delivery of goods, food take-out, etc.), sanitation vehicles, municipal facilities maintenance vehicles, funeral vehicles, etc.;
(2) Vehicles that should be exempted from parking service fees according to laws and regulations, such as special vehicles necessary for disabled people;
(3) For vehicles that have been temporarily parked for less than 31 minutes, all service subjects are encouraged to appropriately extend the free parking time or time period according to their own management and operation needs, so as to provide more preferential services for the owners;
(4) vehicles that provide moving and goods distribution services for owners or property users;
(5) Other vehicles approved by the Municipal People's Government for free.
Chapter V Decoration Fees and Management
Article 21 The house decoration shall be subject to deposit management, and the decoration deposit shall not exceed 2,111 yuan/set at a time, and shall be refunded within three months after the house decoration is completed; If the owner or the user of the property entrusts the main body of the property service to remove the construction waste generated by the decoration, the removal fee shall be agreed upon by both parties; If the owner himself or entrusts other service subjects to clear and remove the garbage, the owner should obey the management of the property service subjects and do a good job in cleaning and removing the garbage in time.
the main body of property services shall not charge other fees, such as decoration management fees, elevator delivery fees, etc. unless otherwise stipulated by the people's government at or above the provincial level, such provisions shall prevail.
if the owner or property user causes damage to the public area, facilities and equipment during the renovation, the owner or property user shall be responsible for repairing or compensating.
article 21 no fees shall be charged to the outsiders who decorate houses or provide temporary services such as maintenance and installation for owners or property users. Because of the need to implement the management of the pass (card), the deposit can be charged according to the publicity standard, and it will be refunded in full when the pass (card) is returned.
chapter VI code of conduct and supervision and management
article 22 where the management of pass (card) is implemented in residential quarters, the construction unit or the property service subject shall provide the owners with pass (card), access card, vehicle identification card, etc. for free. If the owner needs to make up for the loss, damage or other reasons, he can charge the production cost according to the publicity standard.
article 23 the profits from the operation of the parts and facilities used by the owners belong to all the owners, and the owners' general meeting will decide on the use mode and purpose.
the property service entity can collect and keep the operating income mentioned in the preceding paragraph on its behalf, and can withdraw the service fee as agreed in the property service contract. In the prophase realty service community where the owners' meeting is not established, the collection fees shall be subject to the supervision of the community, the collection subject and the bank, and shall be used according to the temporary management regulations of the community.
the income and expenditure of the property service fee, the income and expenditure of the owner's * * * used parts and * * * used facilities and equipment shall be publicized once every six months, audited in a timely manner and supervised by the owner.
article 24 the property service subject accepts the entrustment to collect water, electricity, heating and other fees, and may not charge the owner fees and other fees. The main body of property services has accepted the fees entrusted for collection, and other departments and units may not charge them repeatedly.
no unit or individual may force the property service subject to collect relevant fees or provide free services.
article 25 the owner or user of the property shall pay the property service fee as agreed in the contract. Failing to pay as agreed, the owners' committee shall urge them to pay within a time limit, and the property service subject who fails to pay within the time limit may also apply for arbitration or bring a lawsuit according to law. Specific collection measures shall be formulated by the municipal housing and urban-rural construction department.
article 26 the property service subject shall not reduce the service content and quality, restrict the owner's travel by binding elevator cards and access cards, interrupt or interrupt the water supply, power supply, gas supply and heating in disguised form in a limited time, or restrict the owner's use of elevators and other acts that harm the legitimate rights and interests of the owner on the grounds that the owner or the property user is in arrears with the property service fee and does not cooperate with the management.
article 27 in case of conflicts and disputes between property service providers and owners in residential quarters, we should give full play to the leading role of grass-roots organizations, and implement a system of mediation and reporting by community residents' committees (villages), neighborhood offices (towns) and urban governments step by step.
Street offices and community residents' committees should incorporate disputes such as residential property charges and parking management into the daily work of territorial civil dispute mediation, and handle them regularly.
after the occurrence of contradictions and disputes, community residents' committees and sub-district offices should actively organize mediation, or entrust people's mediation organizations in their respective jurisdictions to mediate. If no consensus is reached through coordination and mediation, the city government shall organize mediation through coordination meetings and hearings, and invite NPC deputies, CPPCC members and lawyers to participate.
if the city government can't reach an agreement after organizing mediation, guide the relevant owners, property service enterprises and relevant units to solve the problem through legal proceedings according to law, report the relevant situation and do a good job in relevant letters and visits.
article 28 property service providers shall abide by laws, regulations and policies, strictly perform contracts, standardize the charging behavior, and provide services that are consistent with quality and price for owners; And set up a property service information bulletin board in a prominent position in the property service area according to the regulations, announce and update the basic information and contact information of the person in charge of the property project, as well as the complaint telephone number of property service, the content and standard of property service, the charging items and standards, the maintenance unit and contact information of facilities and equipment such as elevators and fire fighting, the use of parking garages, the income and expenditure of property fees and some operating income of the owners, the elevator maintenance expenditure and other information, and inform the owners of the publicity content through the owners' group.
article 29 responsibilities of each department: the municipal and district housing and urban-rural construction departments are the competent departments of the property services industry, and perform their duties of industry supervision according to law.
the municipal development and reform department is responsible for checking and approving the charging standards for pre-property services in residential quarters, and the district development and reform department is responsible for publicizing and explaining the charging standards for pre-property services.
the municipal and district market supervision and management departments are responsible for supervising the charging behavior of property service providers, and investigating and dealing with price violations such as unauthorized charging, raising or disguised raising the charging standards, and failing to publicize the charging standards as required.
other relevant departments shall perform their duties according to law.
Chapter VII Supplementary Provisions
Article 31 daye city and Yangxin County shall formulate specific measures in light of local conditions.
Article 31 These Measures shall be formulated by the housing and urban-rural construction department, the development and reform department and the market supervision and management department.