Baotou residential property management regulations "full text"

With the deepening of China's urban housing system reform, the relationship between the original public housing managers and tenants has gradually evolved into the relationship between property management enterprises and housing owners. Below I have prepared the property management regulations of Baotou for everyone. Welcome to read them.

chapter I general provisions

article 1 these regulations are formulated in accordance with the relevant provisions of the state and the actual situation of this municipality in order to standardize the property management in residential areas, safeguard the legitimate rights and interests of owners, users and property management enterprises, and create and maintain a clean, beautiful, comfortable, convenient, civilized and safe living environment.

article 2 these regulations are applicable to the urban areas of this municipality, baiyunebo mining area, shiguai mining area, sha he, Jinshan town, salaqi town and bailingmiao town.

the term "residential area" as mentioned in these regulations refers to a residential area with mainly residential houses and non-residential houses, and corresponding supporting facilities and equipment, with a construction area of more than 2, square meters.

residential property as mentioned in these regulations (hereinafter referred to as property) refers to buildings and their ancillary facilities, equipment and related sites in residential areas.

the term "owner" as mentioned in these regulations refers to the owner of the property.

the term "user" as mentioned in these regulations refers to the lessee of the property and the person who actually uses the property.

the term "property management" as mentioned in these regulations refers to the property management enterprise entrusted by the owners' committee to repair and maintain the property and related service activities in accordance with the property management entrustment contract.

the term "property management enterprise" as mentioned in these regulations refers to an enterprise legal person established in accordance with the law to engage in property management services.

article 3 property management shall be implemented in newly-built residential areas, and conditions shall be created for gradually implementing property management in residential areas that have been delivered for use.

article 4 the property management shall be based on the principle of combining the owner's self-management with the professional management entrusted by the property management enterprise.

the administrative department of real estate of the fifth municipal people's government is in charge of the property management of the whole city.

the management authority of urban property management shall be determined by the municipal people's government.

the property management of banners, counties, suburbs and mining areas is managed by the real estate administrative department of the local people's government, and its business is guided and supervised by the municipal real estate administrative department.

Sub-district offices and public security, price, construction, environmental protection, power supply, postal services, telecommunications and other relevant departments shall, according to their respective responsibilities, cooperate with the real estate administrative departments to do a good job in property management.

chapter ii owners' management rights

article 6 owners shall have the right to manage some of the property in accordance with the law and bear corresponding obligations.

The main rights of the owners:

(1) Attending the owners' meeting;

(2) Enjoy the right to vote and be elected by the owners' committee;

(3) adopt the owners' convention and the articles of association of the owners' committee by voting;

(4) to supervise the management of the owners' committee;

(5) others.

Main obligations of the owners:

(1) Implementing the relevant resolutions and decisions of the owners' congress and the owners' committee;

(2) Abide by the owners' convention;

(3) Abide by the system and regulations of property management;

(4) pay the property management, maintenance and other fees payable on time;

(5) others.

article 7 the owners' congress is composed of all owners in the property management area. If the number of owners is large, it shall be brewed by the owners' congress, and the proportion of owners' representatives shall be determined to form the owners' congress.

when the owners' meeting or owners' representative meeting is convened, more than half of the owners or owners' representatives must be present. The decision made by the owners' congress or the owners' congress shall be passed by more than half of all the owners or their representatives.

when the owners attend the owners' meeting, they have the right to vote according to the construction area, one vote for every 25 square meters, and one vote for every 25 square meters. Non-owners who live in directly managed public houses and self-managed public houses by units shall have 5% voting rights with the owners respectively.

the owners' congress or owners' congress shall be held at least once a year. Upon the proposal of more than 2% of the owners or owners' representatives, the owners' congress or owners' congress shall be held.

the owners' congress or the owners' congress shall invite representatives from the public security departments, residents' committees and other relevant departments of the district to attend as nonvoting delegates.

Article 8 The owners' congress or the owners' congress shall exercise the following functions and powers:

(1) Electing and dismissing members of the owners' committee;

(2) To examine and approve the articles of association of the owners' committee and the owners' convention;

(3) to listen to and consider the work report on property management services;

(4) Deciding on the use plan of the maintenance fund, approving the Property Management Entrustment Contract and other important matters related to the interests of the owners;

(5) determine the public service items and service standards in the property management area;

(6) others.

article 9 in residential areas, facilities and equipment are complete, maintenance funds have been put in place, and the construction area of public houses for sale has reached more than 3%, or the construction area of new houses for sale or lease has reached more than 5%. Under the guidance of real estate administrative departments and sub-district offices, the units selling and renting houses shall organize the first owners' meeting or owners' congress to implement property management.

if the above conditions are met and the house has been sold or leased for two years, property management must be implemented.

article 1 the owners' committee shall be elected by the owners' congress or the owners' congress. Members of the owners' committee shall be held by the owners. Can be re-elected. The owners' committee consists of five to fifteen people.

the chairman and deputy directors of the owners' committee are elected among the members of the owners' committee.

Article 11 The owners' committee shall, within 15 days from the date of election, apply to the real estate administrative department for registration with the following documents:

(1) An application form for registration of the owners' committee;

(2) the list of members of the owners' committee and their identity certificates;

(3) articles of association of the owners' committee.

for those who meet the requirements, the real estate administrative department shall register them within fifteen days from the date of acceptance.

Article 12 Responsibilities of the owners' committee:

(1) Convene and preside over the owners' congress or owners' congress and report on the implementation of property management;

(2) to draft the owners' convention, the draft articles of association of the owners' committee and the revised draft, and report them to the owners' congress for adoption;

(3) According to the decision in Item (5) of Article 8 of these Regulations, a property management enterprise is selected by public bidding, and a Property Management Entrustment Contract is signed;

(4) listen to the opinions and suggestions of the owners and users, and supervise and inspect the implementation of the entrusted contract for property management;

(5) urging owners and users to fulfill the owners' convention;

(6) Review the property maintenance fund plan and inspect and supervise the use of the maintenance fund;

(7) receiving and managing the parts of the house and the facilities and equipment for the house;

(8) examine and approve the annual plan of property management services proposed by property management enterprises;

(9) Other duties entrusted by the owners' congress or the owners' congress.

article 13 decisions made by the owners' congress or the owners' congress or the owners' committee shall not contravene laws, regulations and rules.

article 14 the owners' committee and the property management enterprise shall assist the residents' committee to carry out the work related to property management in accordance with the provisions of the Organic Law of the People's Republic of China on Urban Residents' Committees.

article 15 the property management area shall be defined by the real estate administrative department in accordance with the planning requirements, taking into account the relevant conditions of buildings and facilities and equipment used by * * *, and in line with the principle of facilitating the large-scale operation and professional operation and development of property management.

Article 16 Property management houses shall be provided free of charge by development and construction units and public housing sales units at one thousandth of the building area, but not less than 4 square meters. Property rights belong to all owners.

within ten days after the termination of the contract between the owners' committee and the property management enterprise, the property management premises shall be returned to the owners' committee.

chapter iii property management enterprises

article 17 an applicant for property management shall pass the qualification certification of the municipal real estate administrative department, and after obtaining the qualification, he shall go through the relevant formalities in accordance with the provisions of laws and regulations.

Article 18 To apply for the qualification of a property management enterprise, the following conditions shall be met:

(1) Having its own name and organization;

(2) Articles of association of the property management enterprise;

(3) having a fixed business place;

(4) having at least one professional technician in engineering, economics, accounting, etc. at or above the junior level;

(5) The registered capital is more than 1, yuan;

(6) Other conditions stipulated by laws and regulations.

Article 19 A property management enterprise engaged in property management shall sign a Property Management Entrustment Contract with the owners' committee. The contract shall be reported to the real estate administrative department for the record within fifteen days from the effective date. Property management companies can accept the entrustment of owners and users to engage in special services.

Article 2 Personnel engaged in property management shall be trained on the job and hold relevant certificates.

Article 21 Rights of a property management enterprise:

(1) Implement management according to the signed Property Management Entrustment Contract;

(2) formulate specific rules for property management;

(3) collecting property management service fees;

(4) stop the violation of property management regulations and the owners' convention;

(5) to select a franchise company to undertake special business;

(6) engaging in business activities in accordance with laws, regulations and relevant provisions.

Article 22 Obligations of a property management enterprise:

(1) Full performance of the Property Management Entrustment Contract;

(2) accepting the management of real estate administrative departments and the guidance and supervision of relevant administrative departments;

(3) accept the supervision of the residents' committee, the owners' committee or the owners;

(4) major property management measures are submitted to the owners' committee for deliberation;

(5) report the usage of the property maintenance fund and public service fees to the owners' committee on a quarterly basis;

(6) assist relevant departments to carry out community activities.

article 23 the qualification of property management enterprises shall be subject to the system of annual inspection and grade fluctuation.

chapter iv property management

article 24 the property management from the sale of houses to the establishment of the owners' committee shall be the responsibility of the units selling and renting houses, but the property maintenance fund shall not be used.

article 25 units selling or renting houses shall not transfer or transfer the ownership of the * * * parts of houses and other * * * facilities and equipment except the facilities and equipment that must be handed over to the relevant professional departments for management according to regulations. After the establishment of the owners' committee, all of them shall be handed over to the owners' committee.

article 26 when transferring or renting a house, the owners' convention shall be taken as an annex to the house transfer contract or lease contract.

within ten days from the date of signing the house transfer contract or lease contract, the owners' committee and the property management enterprise shall be informed of the transfer or lease.

Article 27 In the residential area where property management is implemented, the development and construction unit shall hand over the following construction materials to the owners' committee:

(1) the planning map and completion general plan of the property management area;

(2) as-built drawings of single buildings, structures and equipment;

(3) underground pipeline map;

(4) land use certificate;

(5) other relevant information.

the above construction materials shall be entrusted by the owners' committee to the administrative department of real estate for escrow.

Article 28 The following acts are not allowed in the use of the property:

(1) Altering or damaging the appearance and load-bearing structure of the house;

(2) occupying * * * parts, dismantling, refitting, damaging and using facilities and equipment;

(3) destroying flowers and trees;

(4) littering and littering;

(5) setting up stalls in disorder;

(6) Do not store vehicles at designated places;

(7) scribbling, scribbling or scribbling on buildings and structures;

(8) storing inflammable and explosive articles, discharging toxic and harmful gases and making noises exceeding the prescribed standards in violation of relevant regulations;

(9) other acts prohibited by laws and regulations.

article 29 no unit or individual may change the use nature of residential buildings, public buildings and facilities and equipment built according to the plan.

Article 3 No unit or individual may occupy roads and sites within the property management area without authorization. When roads and sites need to be temporarily occupied or excavated due to property maintenance or public interests, an agreement shall be signed with the owners' committee or the property management enterprise, and it shall be restored to the original state within the agreed time limit. For emergency rescue of existing projects, construction can be carried out first and an agreement can be signed.

Article 31 The professional departments of power supply, water supply, heat supply, gas, drainage, postal services, telecommunications, cable television, greening, sanitation, etc. shall implement the division of responsibilities between the management of facilities and equipment used in residential quarters and the property management enterprises in accordance with the provisions of relevant laws, regulations and administrative rules. If there are no provisions in the laws, regulations and administrative rules, the following provisions shall apply:

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(2) The property management enterprise entrusted by the owners' committee shall be responsible for the part of the facilities and equipment that has not been handed over, and the house selling and renting unit has paid the maintenance fund in accordance with the regulations;

(3) If it is not clearly defined, it shall be stipulated by the Municipal People's Government.

chapter v property maintenance fund and management service fee

article 32 after the sale of public houses and newly-built houses, a maintenance fund (hereinafter referred to as the maintenance fund) shall be established for the parts, facilities and equipment of the houses.

the maintenance fund is specially used for the overhaul, renewal and transformation of the * * * used parts, * * used facilities and equipment after the warranty period expires.

Article 33 Maintenance fund withdrawal