Chapter IV Early Property Management
Thirty-first new residential property management.
Before the owners' congress and the owners' congress select the realty service enterprise, the construction unit shall be responsible for the prophase realty management. The construction unit shall sign a written preliminary realty service contract with the selected realty service enterprise.
The prophase realty service contract may stipulate the time limit; Before the expiration of the time limit, the property service contract signed by the owners' committee and the property service enterprise takes effect, and the previous property service contract is terminated.
Thirty-second residential property construction units should choose a property service enterprise with corresponding qualifications through bidding.
If there are less than three bidders or the residential construction area is less than 30,000 square meters, with the approval of the property management administrative department of the county (city, district) where the property is located, the property service enterprise with corresponding qualifications can be selected by agreement.
The construction unit shall provide preliminary property management fees for the purchase of fixed assets such as property office equipment. The purchased assets are owned by all owners and used by property service enterprises.
Article 33 The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the prophase realty service contract, or sign an entrustment agreement for prophase realty service at the same time to stipulate the contents of prophase realty service.
Thirty-fourth early property service fees shall be borne by the property buyer according to the standards agreed in the house sales contract. If there is no agreement in the house sales contract, it shall be borne by the construction unit.
The completed property that has not been sold or delivered to the property buyer shall be fully borne by the construction unit.
Article 35 In the newly-built residential property management area, the construction unit shall allocate the property service rooms at a ratio of not less than four thousandths of the total construction area above ground and underground, and allocate the rooms below 100 square meters according to 100 square meters, and hand them over free of charge. Among them, the houses used for the deliberation activities of the owners' committee shall be reasonably determined according to the proportion of houses used for property services, generally calculated according to the construction area of 20 to 40 square meters.
Centralized construction of affordable housing should also be in accordance with the total construction area of not less than three thousandths of the proportion of additional allocation of property services business premises, the proceeds used to make up for the lack of property services.
The specific allocation standards for property service houses, houses for discussion activities of the owners' committee and property service houses shall be formulated by the municipal government with districts.
Thirty-sixth property services should be above the ground, decorated by the construction unit, with independent and normal use functions, relatively concentrated in the central area of residential quarters or near the entrance and exit of residential quarters. Property services in residential buildings should have independent channels.
Property service rooms are not included in the shared public building area, and their ownership belongs to all owners. When applying for the initial registration of house ownership, the construction unit shall indicate the property service room and apply for registration.
Property service houses shall not be bought, sold or mortgaged.
Thirty-seventh new residential property management area of water supply, power supply, gas supply, heating and other end-user household meters or end-user home ports outside the professional management facilities and equipment, shall comply with national technical standards and professional technical specifications.
The construction unit shall notify the water supply, power supply, gas supply, heating and other professional business units to participate in the organization completion acceptance; After the completion and acceptance, the professional operation facilities and equipment in the residential property management area shall be handed over to the professional operation unit for management. Professional business units shall accept and bear the responsibility of maintenance, conservation and renewal, and the relevant expenses shall be borne by professional business units, but the expenses of secondary water supply facilities shall be borne in accordance with the relevant provisions of the Regulations on the Administration of Urban and Rural Water Supply in Jiangsu Province.
Professional operating facilities and equipment in residential areas built before the implementation of these Regulations shall be checked and accepted by professional operating units if the owners' congress decides to hand them over to professional operating units for management. The specific implementation measures shall be formulated by the municipal government with districts.
Professional facilities and equipment include power transformation and distribution, secondary water supply, gas pressure regulation, heating and other facilities and related pipelines.
Thirty-eighth prophase realty service enterprises shall provide property service manuals to the owners, and may accept the entrustment of the construction unit to assist the construction unit in handling the specific matters of residential property delivery.
Article 39 The construction unit shall deliver the house with clear ownership, complete information, qualified quality, complete functions and complete facilities in accordance with the relevant provisions of the state and the stipulations of the house sales contract.
New residential areas shall meet the following conditions:
(a) the completion of the construction project is qualified, and there are approval or permission documents issued by the competent departments of planning, public security, fire protection, environmental protection and civil defense. Has been made, and by the construction administrative departments for the record;
(2) Municipal public facilities such as water supply, drainage, power supply, gas supply, heating, communication, public lighting, cable TV, etc. It has been built according to the planning and design requirements, and independent and qualified instruments have been installed for water supply, power supply, gas supply and heating;
(3) Public service facilities such as education, postal services, medical and health care, culture, sports, environmental sanitation, community services and civil air defense have been built in accordance with the planning and design requirements;
(four) public facilities such as roads, green spaces and property service houses meet the planning and design requirements and meet the functional requirements;
(five) elevators, secondary water supply, high-voltage power supply, fire control facilities, pressure vessels, monitoring and security facilities and equipment to obtain the use certificate according to law;
(six) the relevant information about the use, maintenance and management of the property is complete;
(seven) other conditions stipulated by laws and regulations.
Fortieth property services companies to undertake property, it should be part of the property, * * facilities and equipment for inspection. Property inspection shall follow the principles of honesty and credit, objectivity and justice, clear rights and responsibilities, and protection of property of owners.
Twenty days before the on-site acceptance of the property, the construction unit shall hand over the following information to the property service enterprise:
(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;
(two) installation, use and maintenance of facilities and equipment, maintenance and other technical information;
(three) property quality warranty documents and property use documents;
(four) other information required for property management.
If all the materials listed in the preceding paragraph are not handed over, the construction unit shall make a detailed list of the materials that have not been handed over, and make a written commitment to make up the specific time limit.
Forty-first property service enterprises shall, within thirty days after the transfer of the property, handle the filing formalities with the following documents to the property management administrative department of the county (city, district) where the property is located:
(a) the prophase realty service contract;
(2) Temporary management statute;
(3) Property inspection agreement;
(four) the list of information handed over by the construction unit;
(5) inspection records;
(6) handover record;
(seven) other documents related to the inspection.
The realty service enterprise shall undertake the inspection of the property after filing, and make an announcement in a prominent position in the property management area.
Forty-second property services companies should establish documents, materials and records related to inspection, and keep them properly.
Property inspection files belong to all owners. If the preliminary realty service contract is terminated and the owners' meeting selects a new realty service enterprise, the dismissed realty service enterprise shall, within 10 days from the date of termination of the preliminary realty service contract, and under the supervision and confirmation of the owners' committee, hand over the property to the selected realty service enterprise to undertake the inspection of files, or hand it over to the owners' committee.
Chapter V Property Services
Forty-third enterprises engaged in property services should have independent legal personality, and obtain the qualification of property services enterprises according to law.
Professional managers engaged in property services shall obtain professional qualification certificates in accordance with the relevant provisions of the state.
Article 44 The owners' committee shall sign a realty service contract with the realty service enterprise selected by the owners' congress.
The realty service enterprise shall, within thirty days from the date of signing the realty service contract, report the realty service contract to the county (city, district) property management administrative department and the subdistrict office (township government) where the property is located for the record.
Article 45 A realty service enterprise may entrust the special service business within the realty management area to a professional service enterprise, but may not entrust all realty services within the area to others.
Elevator, fire control, monitoring and security facilities and equipment related to personal and property safety and other specific requirements, the realty service enterprise shall entrust a professional organization for maintenance and conservation.
Article 46 A realty service enterprise shall appoint a project leader in accordance with the realty service contract. If the person in charge of the project is replaced, the owner shall be informed in time and publicized in a prominent position in the property management area.
After soliciting the opinions of the owners, the owners' committee may require the realty service enterprise to replace the person in charge of the project; Need to change the person in charge of the project, the property service enterprise shall timely change, and publicity in a prominent position in the property management area.
Article 47 A realty service enterprise shall, in accordance with the stipulations on safety precautions in the realty service contract, implement safety precautions and do a good job in safety precautions within the realty management area. If a realty service enterprise fails to perform its obligations under the realty service contract or fails to perform its contractual obligations, thus causing personal and property damage to the owner, it shall bear corresponding legal responsibilities according to law.
When there is an emergency such as a safety accident in the property management area, the property service enterprise shall take emergency measures, report to the relevant competent department in time, and assist in the rescue work.
Owners, property users have special protection requirements for personal and property safety, which shall be separately agreed by the owners, property users and property service enterprises.
Forty-eighth owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.
When the property ownership is transferred, the owner shall settle the property service fee with the property service enterprise.
Forty-ninth property service charges should distinguish the nature and characteristics of different properties, follow the principles of rationality, openness, consistent service quality and price, and implement government-guided prices and market-regulated prices. Ordinary residential property service charges in the early stage shall be guided by the government. After the establishment of the owners' congress, it is up to the owners' congress to decide whether to implement the government-guided price for property service charges; For non-ordinary houses and non-houses, in order to meet the needs of some owners or accept the special services entrusted by the owners, the market-adjusted price shall be implemented. The specific property service charges shall be agreed by the parties in the property service contract.
Where the government-guided price is implemented, the price administrative department shall, jointly with the property management administrative department, comprehensively consider the average cost of property services, the adjustment range of the minimum wage standard and the changes of the consumer price index, formulate the grade standard of property services and the corresponding benchmark price and floating range, and announce it to the public. The price administrative department shall evaluate the property service level standard and the corresponding benchmark price and floating range every three years, and make timely adjustments according to the evaluation results.
Where a realty service enterprise provides special services other than those stipulated in the realty service contract for the owners or users of the realty, the charging standard may be separately agreed by both parties.
Fiftieth property services can be charged by contract or fee system, and the specific charging method is agreed in the property services contract. Where the charging system is implemented, the realty service enterprise shall establish a ledger of income and expenditure of realty service funds in accordance with the provisions, and accept the verification of the owners' committee.
Article 51 The property service charges shall be clearly marked, and the property service enterprise shall truthfully publicize the service contents, service standards, charging items, charging standards and other relevant information in a prominent position in the property management area.
The realty service enterprise shall, in accordance with the stipulations of the realty service contract, regularly publish the expenses of realty service, the revenue and expenditure of operating facilities and the apportionment of public utilities.
The realty service enterprise may receive the realty service fee in advance according to the realty service contract, but the period of receiving the realty service fee in advance shall not exceed one year at the longest.
Article 52 The realty service enterprise shall regularly announce the quantity, unit price and amount of water supply, power supply, gas supply and heating generated by the * * * site and * * * facilities and equipment, and share them among all owners according to the actual cost and the way agreed in the realty service contract. If there is no agreement or the agreement is unclear, it shall be shared according to the proportion of the owner's exclusive part to the total construction area.
Owners or owners' committees raise objections to the allocation of water supply, power supply, gas supply and heating costs generated by the published * * * site and * * * facilities and equipment, and the realty service enterprise shall give a reply.
Article 53 Within the property management area, specialized business units such as water supply, power supply, gas supply and heating shall charge the end users according to the values displayed by the measuring instruments used by the end users, and shall not pass on the energy loss and the loss of outdoor pipelines or other facilities. End-users refer to the final household owners or actual users who receive water supply, power supply, gas supply and heating services.
Property service enterprises that accept fees entrusted by professional business units shall not charge the owners extra fees such as handling fees, but may collect remuneration from professional business units in accordance with the agreement.
Fifty-fourth property service enterprises enjoy preferential tax policies for modern service industries stipulated by the state and the province. The fees charged by the realty service enterprise shall be exempted from business tax and enterprise income tax.
The price of water, electricity and gas in the process of property services such as maintenance and management of facilities and equipment, cleaning and greening in residential quarters, except for water, electricity and gas in car washing, catering and other businesses, shall be implemented in accordance with the local residents' use price standards.
Article 55 Three months before the expiration of the realty service contract, the owners' committee shall organize a meeting of the owners' assembly to decide on hiring or renewing the realty service enterprise, inform the realty service enterprise, the county (city, district) realty management administrative department and the neighborhood office (township government) where the property is located in writing, and make an announcement in a prominent position in the realty management area.
Where a realty service enterprise decides not to renew the realty service contract, it shall, three months before the expiration of the realty service contract, inform the owners' committee in writing, the property management administrative department of the county (city, district) where the property is located and the subdistrict office (township government), and make an announcement in a prominent position within the realty management area.
If the owners' congress decides to renew their employment, the owners' committee shall renew the realty service contract with the realty service enterprise one month before the expiration of the realty service contract.
Article 56 If the owners' meeting decides to dismiss the realty service enterprise, the dismissed realty service enterprise shall go through the handover procedures in accordance with the regulations. The dismissed realty service enterprise shall maintain the normal realty management order during the period of handover to exit the realty management area, unless otherwise agreed in the realty service contract.
If the owners' congress decides to hire a new realty service enterprise, the hired realty service enterprise shall withdraw from the realty management area within 15 days from the date of termination of the realty service contract, and perform the following handover obligations with the hired realty service enterprise to the owners' committee or under the supervision and confirmation of the owners' committee:
(a) the transfer of property for personal use, property office equipment and other fixed assets purchased by the initial property management expenses;
(two) the transfer of the relevant information stipulated in the second paragraph of article fortieth of this Ordinance;
(three) the use, maintenance, regular inspection and other technical data, operation, maintenance and maintenance records of the property and facilities formed in the process of property service handover;
(4) Settlement of related expenses of advance receipt, collection, advance payment and payment;
(five) other matters stipulated by laws and regulations and the realty service contract.
If the realty service contract expires, and the owners' meeting fails to make a decision on hiring or renewing the contract, and the realty service enterprise continues to provide services in accordance with the original contract, the rights and obligations of the original contract are binding on both parties. During the extension of the rights and obligations of the original contract, if either party proposes to terminate the contract, it shall inform the other party and the county (city, district) property management administrative department and subdistrict office (township government) where the property is located in writing three months in advance, and make a prominent announcement in the property management area.
Fifty-seventh counties (cities, districts) where the property is located, property management administrative departments and sub-district offices (township governments) shall strengthen supervision over the handover of property service enterprises.
If the dismissed realty service enterprise refuses to withdraw from the realty management area, the property management administrative department of the county (city, district) where the property is located shall order it to withdraw within a time limit, and the owners' committee may bring a lawsuit or apply for arbitration according to law.
Article 58 The property management administrative department shall, according to the basic situation of the property service enterprise, the performance of the property service contract, the handling of complaints and the daily inspection, establish the credit files of the property service enterprise and its project leaders, and make them public.
Fifty-ninth single property or small-scale property, the owners of the general assembly or the owners' assembly decided, under the supervision and guidance of the neighborhood office (township government) where the property is located, the owners can manage the property on their own.
If the owners manage themselves, they shall make a decision on the following matters:
(1) Self-managed executing agencies and managers;
(two) the content, standard, cost and time limit of self-management;
(3) A plan to employ a professional organization;
(4) Other contents related to self-management.
Elevator, fire control, monitoring and security and other facilities and equipment involving personal and property safety and other specific requirements shall be entrusted to professional institutions for repair and maintenance.