It is still valid at present, because Shenzhen has not yet issued a new decoration management document, so it can also collect decoration fees according to this document. Minutes of the meeting of Shenzhen Housing Bureau

Shen Zhu Ji [1998] No.123

Minutes of the seminar on some problems in property management in our city

On November 5-6, our bureau convened a seminar on the marginal issues of property management policies, attended by leaders of the Municipal Housing Bureau and property management associations, all staff of the property supervision department, heads of property departments of various district construction (housing bureaus) and heads of some property management companies. The issues related to property management policies are clearly defined and explained, and the summary is as follows:

1. Issues related to property management fees

(1) The collection method of property management service fees. In principle, the property management service fee is charged on a monthly basis or quarterly basis, and the management service fee for half a year or one year can be collected in advance at one time on the premise of the owner's willingness.

(2) the collection standard of management service fees for fund-raising houses and commercial houses after housing reform. No matter what kind of housing, it is charged according to the unified standard of the community; The nature of the residential area shall be determined by the district and municipal residential administrative departments.

(3) As for the time for collecting the management fee of unsold vacant houses, it shall be collected from the date when the Regulations are implemented. After the promulgation of the "Regulations", the completed properties will be collected from the date of occupancy, and the occupancy date will be calculated by stages.

(4) On the issue of collecting decoration deposit. Before the new decoration management regulations are promulgated, the decoration deposit standard shall be temporarily based on the document "On Printing and Distributing < Provisions of Shenzhen Municipality on the Administration of Residential Decoration > The provisions of the notice. Decoration deposit is an effective means of supervision in decoration management. It is suggested that different standards of deposit should be charged according to different property types in the new regulations to make it more scientific and easy to operate:

1. The standard of deposit for residential decoration is 2 yuan /m2, which will be refunded three months from the date of acceptance;

2. The standard of the decoration deposit for the office property (including industrial workshop) is 4 yuan /m2, and it will be refunded after half a year from the date of acceptance;

3. The standard of the property renovation deposit for commercial purposes is 5 yuan /m2, and it will be refunded after half a year from the date of acceptance.

(5) On the issue of collecting the deposit for utilities. The deposit of water and electricity charges that have been read by meter to households should be refunded, and the owners who have not yet read by meter to households still need to pay the deposit of water and electricity charges. It is suggested that it should be made clear in the upcoming charging standards for property management fees, and different standard deposits can be charged at one time according to different property types:

1. The deposit for residential water and electricity charges is charged according to 5 yuan /m2;

2. Property used for office and business purposes is collected according to 15 yuan /m2;

3. The industrial workshop is collected according to 1 yuan /m2.

(6) About the maintenance fund of houses.

1. The ontology maintenance fund shall be collected according to the regulations since the implementation date of the Regulations on November 1, 1994, and the collection standard shall be implemented according to the standards stipulated in the document No.136 [1998] of Shenzhen Price since October 1, 1998. The part that has been collected before this can be reduced to the date of implementation of the Regulations (if the warranty period expires after the implementation of the Regulations, the date of expiration of the warranty period shall prevail); If the original collection standard is higher than that stipulated in Document No.136, the original standard may be maintained with the consent of the owners' committee, but it must be managed and used according to the regulations.

2. About the collection of maintenance fund for single building property whose property right belongs to only one owner. In principle, all owners are required to pay the ontology maintenance fund. For a single building property with single property right in the management area, it may be allowed not to pay it through consultation, but the owner of the property must make a written commitment to contribute to the rectification according to the requirements of the management unit when it affects the overall appearance.

3. At present, the maintenance fund of the building itself still needs to pay business tax according to the requirements of the municipal tax department. According to the document No.7 [1998] of the Ministry of Finance, the ontology maintenance fund has been clearly defined as the escrow fund, and consultation with the municipal tax department on this issue can be continued.

(7) whether the residents on the first floor of high-rise residential buildings should bear the elevator operation fee. According to the current regulations and policies, and referring to the international practice, the elevator operation fee is borne by all owners, and no distinction will be made for the time being. Because the property management service is a comprehensive service provided to all owners, the management service fee charged is also a comprehensive charge, so it is impossible and unnecessary to make a quantitative distinction according to the service items enjoyed by each owner at any time.

(8) The loss expenses of the management office caused by the unreasonable division of commercial and civil use of water and electricity for high-rise buildings can be shared according to the actual cost according to the Rules of Shenzhen Owners Management Committee (Trial), but the property management unit should take the initiative to urge the developers and actively take the lead in coordinating the relevant departments to achieve reasonable division and pricing as soon as possible.

(9) About some unregulated property management fees. Our bureau will jointly issue a document with the Municipal Price Bureau, and clearly regulate the relevant property management fees other than the management service fee and the maintenance fund, including the garbage removal fee for decoration, the painting fee for corridor, the extra elevator fee and the anti-theft net, mailbox and intercom door uniformly installed by the management office; The cost of the check-in materials is not allowed to be charged, and the management fee can be charged.

(1) the question of whether the management service fees for welfare houses and micro-profit houses built by the district government can be exempted from tax. On August 16th, 1997, the minutes of the executive meeting of the municipal government No.73 made it clear that the business tax on the management service fees of municipal welfare houses and micro-profit houses should be levied first and then repaid. The district construction (residential) bureaus should consult the district governments in accordance with the spirit of the executive meeting of the municipal government, and strive for the district finance to solve it in the same way.

Second, how to deal with all kinds of illegal behaviors in property management:

(1) There are three ways to deal with individual households' refusal to pay management fees:

1. Persuade, urge and negotiate;

2. Stop water and power supply according to the signed Owner's Convention;

3. bring a lawsuit to the court or apply for arbitration (arbitration agreement is required, that is, sign the owners' convention according to the model text).

(2) Treatment of decoration management issues:

L. Demolition of walls. Brick-concrete structure is not allowed to hit the wall; The frame structure can be determined according to the actual situation. If it is not a load-bearing wall or an earthquake-resistant wall and does not affect the pipeline, the property management unit can check it from a technical point of view.

2. The balcony is closed. According to the original decoration management regulations, the front (main) balcony cannot be sealed.

3. Before the renovation management regulations are revised and promulgated, the punishment measures for illegal renovation are still carried out according to the original renovation management regulations, mainly including the following measures:

(1) Ordering to stop work;

(2) Order restitution;

(3) detaining or confiscating tools;

(4) water and power cuts;

(5) to order compensation for economic losses (for the benefit of the public administration);

because the enterprise has no right to administrative punishment, it can be fined in the form of liquidated damages in accordance with the signed Owners Convention, and the confiscated money will be used as management fee public income to establish accounts.

(3) The following measures can be adopted to deal with operational pollution (including noise) in property management:

1. Persuade according to relevant laws and regulations;

2. Deal with it according to the signed owners' convention;

3. Report to the environmental protection department for processing.

(4) handling disputes between owners. The property management unit has the responsibility of mediation, and if mediation fails, the owner can bring a lawsuit in court by himself; When the owner does not cooperate with the maintenance of the main part of the house and the adjacent part of the house, the property management unit can adopt the following three methods:

1. Announce it in the community;

2. Take measures to stop water and power supply according to the signed Owners Convention;

3. Carry out compulsory maintenance according to the Regulations and Detailed Rules;

4. sue.

(5) whether the enterprise can punish before the establishment of the supervision brigade. Property management units can deal with illegal acts in the form of liquidated damages in accordance with the provisions of the signed Owners' Convention, and the liquidated damages collected will be included in the property public income account. The owners' convention must be signed according to the prescribed model text and combined with the actual situation of each community (building, industrial zone).

3. On the definition and use of property rights of public parts and supporting facilities:

(1) On the definition of property rights of various types of residential overhead floors and whether they can be rebuilt and used. The definition of property rights of various types of residential overhead floors shall be subject to the property rights list issued by the developer. The overhead property rights of welfare houses and micro-profit houses do not belong to all owners, and can be transformed and used if they are approved by the planning and land department; The overhead floor of commercial housing residential area, which is not specified in the list issued by the developer, belongs to all owners, and can only be transformed and used after it is approved by the owners' management Committee and reported to the planning and land department for approval.

(2) The property rights of mechanical and electrical facilities in high-rise buildings belong to all owners.

(3) the right to use the roof of the house and the definition of management and maintenance responsibilities. If the roof is sold to individuals by developers, the maintenance responsibility shall be borne by the property owner. However, the building and use of the roof garden shall be strictly controlled by the property management unit according to the examination and approval opinions of the planning and land department and the property management policy, and only allowed to be managed as a garden according to the requirements of unity and beauty. It is forbidden to build all kinds of houses and buildings with roofs, and all those who violate the regulations and do not obey the management shall be forcibly removed; Poor management of the management unit as a factor of scoring points; If illegal structures persist in not rectifying, they may apply to the relevant law enforcement departments for compulsory demolition, and the expenses for demolition and renovation shall be borne by the responsible person: the owner of the floor that is not used by all floors shall share half of the maintenance expenses, and the rest shall be paid from the ontology maintenance fund, but no arbitrary construction is allowed; According to the original planning and design, the inaccessible and accessible surfaces belong to all the owners of this building, which are managed and maintained by the property management company in a unified way, and the maintenance expenses are paid from the ontology maintenance fund.

(4) whether the parking lot can be sold. When handing over management, the developer must provide the corresponding property ownership list according to the "Detailed Rules" to clarify the property rights of the parking lot and other public facilities. The public facilities are managed by the property management unit, and are not allowed to be sold. The income is included in the management fee, which is used for labor costs and maintenance fees. The parking space that the developer has sold to individuals, as a property, the owner still has to pay the management service fee, but the standard should be slightly lower. It is suggested to charge it according to the average price standard of each residential management fee in the community. The property rights of public facilities in government welfare and micro-profit housing residential areas belong to the development and construction units and small owners (tenants) who only have the right to use (including paid use and free use).

(5) About the paid use right of public space occupied by billboards. According to the "Regulations" and other relevant regulations, all the operating income of the public * * * part belongs to the source of management fees, which shall be operated by the management office, and the income shall be included in the management fees.

iv. issues concerning the owners' congress and the owners' management committee:

(1) issues concerning the owners' congress and the owners' management committee.

1. The election of the owners' management committee can be conducted by the coexistence of the owners' congress system and the owners' congress system; The owners' congress can vote by sending and receiving votes at home; For some communities where it is difficult to hold the owners' meeting due to actual conditions, the owners' congress can be adopted, that is, the building manager is elected by each building, and the owner entrusts the building manager to participate in the election process of the owners' management Committee in writing.

2. On the identification of the owner.

(1) When the district bureaus convene the first owners' meeting in each district, the preparatory committee may or may not be set up, which shall be determined by the district bureaus according to the specific circumstances.

(2) The candidates for the owners' committee shall be determined by the Regional Council as the competent department of the district government after soliciting the opinions of all parties concerned. The owners concerned may give their opinions, but in the end they must obey the decisions and arrangements of the Regional Council; About ten candidates nominated by the owner, only one candidate can be recommended at one time.

(3) The identity of the owner shall be subject to the registration of the house sales contract or property certificate. Spouses and relatives of unregistered owners can only be entrusted by the owners in writing to participate in the bidding, but they cannot be elected as members of the Preparatory Committee, candidates of the owners' management committee and members of the owners' management committee; If there is more than one owner registered in the house sales contract or property right certificate, the owner's rights can be exercised according to the proportion of property rights enjoyed. However, if he is also a member of the Preparatory Committee and a candidate of the owners' management committee, all owners must be informed of this relationship in advance;

(4) whether the mortgage provider participates in the owners' meeting and the owners' management committee as the owner: the mortgage provider with the title certificate can be determined as the owner; The mortgagor who is not mortgaged by the real estate license is not regarded as the owner for the time being, and the development and construction unit will participate in the owners' meeting and the owners' management Committee as the owner of the mortgaged property; The purchaser who has paid off all the mortgage payment can be determined as the owner (subject to the property certificate or the original purchase contract and the proof of paying off the mortgage payment).

(5) The unsold vacant rooms of the development and construction unit shall be attended by the development and construction unit as the owner in the owners' meeting and the owners' management committee.

V. Supplementary explanations and explanations on some policies.

(1) On the standard of real estate management. The Regulations on Property Management of Residential Areas in Shenzhen Special Economic Zone and its Detailed Rules for Implementation (hereinafter referred to as the Regulations and Detailed Rules) have a clear calculation formula: the total number of houses (the number of houses and single apartments plus a set of non-residential houses per 1 square meters of construction area) × per capita planning index (.6)× per capita population (3.75)= management space area; Property management houses include all kinds of houses needed by property management units such as office houses, living houses, warehouses, etc., but do not include rooms for electromechanical and security personnel on duty. Security personnel dormitory in the above-mentioned housing is not enough to solve, the development and construction unit shall make other arrangements, and use the relevant public places in the community (building) to solve it; However, the office space of the management office must be a formal office space, and it shall not be replaced by the relevant rebuilt houses.

(2) About the expense items included in the total investment. The total investment mentioned in the "Regulations" includes all expenses such as land price, public supporting expenses and ontology cost.

(3) About the extraction of management commission (1%). Property management units can collect management commissions according to the actual expenditure cost of property management stipulated in the Regulations, Detailed Rules and Measures for Industry Management, and no matter whether the management fee is surplus or loss, it can be extracted at an annual rate of no more than 1%. The management cost of the property management company is included in the management commission, and the management cost of the residential area (building, industrial area) management office is included in the actual expenditure cost of property management.

VI. Issues concerning filing, supervision and review of national excellent properties.

1. Use computer files for supervision, and register daily complaints and random inspections;

2. Each property management unit shall declare itself once a year (May) to maintain the compliance;

3. Irregular sampling inspection shall be organized by the municipal and district authorities;

4. Set up a special assessment and review team.