Article 1 In order to standardize the property management behavior, clarify the rights and obligations of owners, users and property management enterprises, and create and maintain a safe, clean, civilized and comfortable living and working environment, these Regulations are formulated in accordance with the relevant laws and regulations of the state and combined with the actual situation of this province.

Article 2 These Regulations shall apply to property management activities within the administrative area of this province.

If a property built by a real estate developer is sold or leased to two or more owners for the same purpose, it shall be subject to property management.

In accordance with the housing system reform policy to sell public housing and other properties, the owners voluntarily implement property management.

Article 3 The term "property" as mentioned in these Regulations refers to houses, buildings and their ancillary facilities, equipment and related sites that have been completed and put into use.

The term "property management" as mentioned in these Regulations refers to the activities that the owners or their organizations entrust property management enterprises to manage the * * * part of their property and the * * * same affairs.

The term "owner" as mentioned in these Regulations refers to the owner of the property. Except the owner of the property that has been built for sale or lease but has not been sold or leased.

The term "user" as mentioned in these Regulations refers to the lessee of the property or other people who actually use the property.

The term "property management enterprise" as mentioned in these Regulations refers to an organization established according to law, which can independently bear civil liability and engage in property management services.

Article 4 The system of supervision by the competent administrative department of the government, autonomy of owners and service of property management enterprises shall be implemented in property management.

Encourage the development of property management to socialization, specialization and marketization.

Fifth provincial people's government construction administrative departments to supervise and manage the province's property management activities.

City, county (city) people's government real estate management departments to supervise and guide the property management activities within their respective administrative areas.

Sixth relevant departments of the people's governments at all levels shall, in accordance with their respective responsibilities, do a good job in the relevant work within the property management area.

Chapter II Owners, Owners' Congress and Owners' Committee

Seventh owners should supervise and manage some of the * * * and * * affairs of the property. The owner enjoys the following rights:

(a) to participate in the owners' meeting and enjoy the right to vote;

(two) the right to vote and be elected as a member of the owners' committee;

(3) Enjoy the service corresponding to the paid property management service fee;

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

(five) to supervise the management service activities of property management enterprises;

(six) other rights stipulated by laws, regulations and rules.

The Owner shall undertake the following obligations:

(a) abide by the laws, regulations and rules of property management;

(2) Abide by the owners' convention;

(three) abide by the property management system and rules and regulations in the property management area;

(four) the implementation of the relevant resolutions and decisions of the owners' congress;

(five) pay the property management service fee in full and on time;

(six) other obligations stipulated by laws, regulations and rules.

Article 8 The owners' congress is composed of all owners in the property management area. The owners' congress shall perform the following duties:

(1) Electing or replacing members of the owners' committee;

(two) to examine and approve or amend the articles of association of the owners' committee and the owners' convention;

(three) to supervise the work of the owners' committee, listen to and consider the work report of the owners' committee, and change or cancel the inappropriate decisions of the owners' committee;

(four) to decide or authorize the owners' committee to select and dismiss the property management enterprise;

(five) to discuss and decide on the maintenance fund scheme of * * * parts and * * * facilities and equipment;

(six) to decide other property management matters within the property management area.

Article 9 In a property management area, if the construction area that has been delivered to the owners for use reaches more than 50%, or the construction area that has been delivered to the owners for use reaches more than 30% but less than 50%, but it has been used for more than 12 months and the first owners' meeting has not been held, the local real estate management department shall instruct the owners to hold the first owners' meeting.

Article 10 The owners' meeting shall be attended by more than half of the owners with voting rights. The owner may entrust an agent to attend the owners' meeting. Owners without civil capacity or limited capacity shall be attended by their legal representatives or guardians.

The owners' meeting shall be convened by the owners' committee. The owners' committee deems it necessary, or upon the proposal of more than fifteen percent of the owners, it shall convene a general meeting of the owners.

The owners' convention and the decisions made by the owners' congress are valid for all owners. The procedure for deciding matters by the owners' congress shall be formulated by the owners' congress.

When the owners' meeting is held, the owners' representatives of properties that have been built for sale or lease but have not been sold or leased shall be invited to attend, and representatives of residents' committees, property users and property management enterprises may be invited to attend.

Eleventh the number of owners' voting rights can be calculated according to the following provisions. Where laws and administrative regulations provide otherwise, such provisions shall prevail:

(a) Residential property is calculated according to the number of people with voting rights in a household;

(2) Calculation of construction area of non-residential property.

Specific measures to determine the voting rights of owners shall be formulated by the owners' congress.

Twelfth owners' committee is the executive body of the owners' congress, which is elected by the owners' congress and registered by the real estate management department.

The owners' committee shall carry out activities in accordance with relevant state laws, regulations and these Regulations and perform the following duties:

(a) to convene and preside over the owners' meeting;

(two) the implementation of the resolutions and decisions of the owners' congress;

(three) to listen to the opinions and suggestions of the owners and users;

(four) other duties entrusted by the owners' congress.

Thirteenth a property management area can only set up a owners' committee. Members of the owners' committee shall be held by the owners within the property management area.

The number and term of office of the members of the owners' committee shall be decided by the owners' congress.

Fourteenth owners' committee shall, within thirty days from the date of election, go through the registration formalities with the local real estate management department.

Fifteenth owners' committee shall apply for seal engraving with the record certificate issued by the real estate management department.

The owners' committee shall report the seal pattern to the local real estate management department for the record.

Article 16 The owners' committee shall accept the guidance and supervision of the local real estate management department and shall not engage in any business activities.

Seventeenth owners' committee shall convene a meeting according to the decision of the owners' congress and the provisions of its articles of association. The meeting must be attended by more than half of the members, and its decision must be adopted by more than half of all the members.

The decision made by the owners' committee shall be published.

Eighteenth decisions made by the owners' committee according to the responsibilities entrusted by the owners' congress are binding on the owners and property users in the property management area.

The decisions of the owners' congress, owners' committee and owners' convention shall not conflict with laws, regulations and rules.

Nineteenth when the property is handed over, the new owner shall inform the owners' committee and the property management enterprise within thirty days after the handover.

Chapter III Use and Maintenance of Property

Twentieth the use and maintenance of property shall comply with the provisions of the relevant state laws, regulations and rules on city appearance and environmental sanitation, environmental protection, housing management, fire control management, public security management and so on.

Twenty-first property * * * parts, * * facilities and equipment maintenance, renewal, renovation after the expiration of the statutory warranty period, the cost shall be charged in the maintenance fund, the insufficient part shall be shared by the * * * owners.

The management, maintenance and repair of outdoor water, electricity, gas, heating and communication facilities and equipment of the owner shall be the responsibility of the property owner according to the ownership, unless otherwise stipulated by laws, regulations and rules.

Twenty-second owners or users shall not have the following acts:

(a) damage the load-bearing structure of the house, damage the appearance of the house, and change the use of the house without authorization;

(two) illegal chisel, demolition, occupation, etc. Internal and external load-bearing walls, beams, columns, floors, balconies, roofs, etc. Of a house;

(3) storing inflammable, explosive, toxic and radioactive dangerous goods;

(four) the use of housing to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others.

Twenty-third property management areas prohibit the following acts:

(a) trampling and encroaching on green space;

(two) damage to trees and gardens;

(3) occupying * * * venues such as passages;

(four) littering, sundry;

(five) produce noise exceeding the prescribed standards;

(6) discharging toxic and harmful substances that pollute the environment;

(seven) posting, scribbling and portraying on buildings and structures;

(eight) other acts prohibited by laws, regulations and rules and the owners' convention.

Twenty-fourth owners or users should abide by the relevant provisions of the owners' convention on the use of houses when decorating the property, and inform the property management enterprise in advance. The property management enterprise shall inform the owner or enterprise user of the relevant matters needing attention, and the owner or user shall abide by it.

Twenty-fifth self-use parts of the property, self-use facilities and equipment maintenance and renewal after the expiration of the warranty period, the costs are borne by the owners themselves. Unless otherwise agreed in the property management service contract.

Chapter IV Property Management Enterprises

Twenty-sixth property management companies must have the qualifications required for registration according to law, and obtain the qualification certificate before they can engage in property management activities corresponding to their qualifications.

Property management enterprise qualification grade standard and qualification management according to the relevant provisions of the state and province.

Property management enterprises outside the province to enter the province to engage in property management activities, should hold the qualification certificate and relevant documents to the provincial construction administrative departments for the record.

Twenty-seventh property management enterprises shall enjoy the following rights:

(a) to collect property management service fees in accordance with the provisions of the property management service contract;

(two) to stop the damage to the property or hinder the property management behavior;

(three) the provisions of laws, regulations and rules and other rights granted by the owners' meeting.

Article 28 A property management enterprise shall undertake the following obligations:

(a) to fully perform the property management service contract and provide property management services;

(two) accept the supervision of the owners, owners' congress and owners' committee;

(three) to accept the inquiries of the owners, the owners' congress and the owners' committee on the income and expenditure of property management services;

(four) found in violation of laws, regulations and rules, shall promptly stop and report to the relevant administrative departments;

(five) other obligations stipulated by laws, regulations and rules.

Chapter V Property Management Services

Twenty-ninth before the first owners' meeting, the development and construction units should hire property management companies to provide property management services. The property management enterprise shall sign the preliminary property management service agreement with the owners one by one, and the agreement involving the interests of the owners shall be consistent.

Thirtieth buildings and ancillary facilities after comprehensive acceptance, the construction unit can transfer the management right to the owners' committee. The construction unit shall not hand over the property that has not passed the comprehensive acceptance, and continue to bear the property management fees that should be borne by it.

When the construction unit hands over the property management right to the owners' committee, it shall also hand over the comprehensive acceptance files of the property and the instructions for the use of the house.

Thirty-first owners' committees or other organizations entrust property management companies with management services, and shall sign property management service contracts with the entrusted property management companies.

Property management service contracts that meet the decision or authorization of the owners' congress are binding on all owners.

Thirty-second signed a property management service contract or preliminary property management service agreement, you can use the model text stipulated by the state, and inform the local property management department.

Article 33 A property management service contract shall include the following contents:

(a) the basic situation of the parties and property;

(two) property management services and service quality requirements;

(three) the standard and collection method of property management service fees;

(four) the term of the contract, the agreement on the modification and termination of the contract, and the method of transferring the property rights information when the contract is terminated;

(five) the scope of responsibility of property management;

(six) the liability for breach of contract and the way to resolve disputes;

(seven) other matters agreed by both parties.

Article 34 Property management services may include the following contents:

(a) the daily maintenance and management of the parts used by the property;

(two) the daily maintenance and management of the facilities and equipment used in the property and their operation and use;

(3) Environmental sanitation and greening management services;

(four) to assist in the management of public order and traffic in the property management area;

(5) Vehicle parking and site management;

(6) Other service matters agreed by both parties.

Thirty-fifth property management enterprises shall, within thirty days after the termination or rescission of the property management service contract, handle the handover procedures with the owners' committee and inform the local real estate management department.

Chapter VI Property Management Fees and Special Houses

Thirty-sixth property management fees shall be collected from the owners by the property management enterprises in accordance with the provisions of the property management service contract.

If the owner and the user agree that the user shall pay the property management fee, such agreement shall prevail, but the final cost shall be borne by the owner.

Owners of unsold or leased vacant properties shall share the service fee of the property management company, and the sharing ratio shall not be less than 50% of the charging standard. The specific proportion can be agreed by both parties, but it shall not increase the burden of other owners.

Thirty-seventh property management service charges should follow the principles of rationality, openness and adaptability to the content and quality of property management services.

The charging items and standards of property management services shall be agreed upon by both parties through consultation. Government-guided prices can also be implemented. The specific charging items and amount shall be agreed by the owners' committee or the owners and the property management enterprise in the property management service contract.

Thirty-eighth where the implementation of property management area, water supply, power supply, gas, heating, communications and other units to charge the owners, should be charged to each owner.

Entrusted by the above-mentioned relevant units, the property management enterprise shall sign a contract for collecting water, electricity, gas, heating, communication, cable TV and other expenses, and the contract shall conclude the terms of agency service fees. No additional agency service fee shall be charged to the owner or user.

Article 39 If there are more than two owners in a property management area, a maintenance fund shall be established. The maintenance fund belongs to all owners. Before the establishment of the owners' committee, it is managed by the real estate management department and stored in a special account. After the establishment of the owners' committee, it shall be handed over to the owners' committee for management.

Fortieth development and construction units entrust property management companies to undertake the warranty obligations during the property warranty period, and pay the warranty fees to the property management companies in accordance with the regulations, and accept the supervision of the owners' committee.

Forty-first property development and construction units shall, in accordance with the relevant provisions, build not less than two thousandths to four thousandths of the total construction area for the owner's self-government supervision and property management, and the expenses shall be included in the development and construction costs, and the property rights shall be owned by all owners.

The property management house provided by the owner shall be clearly stipulated in the contract.

Chapter VII Legal Liability

Forty-second damage to public facilities, equipment, flowers and trees in the property management area. , should be restored to its original state; If it is not restored on time, it shall be restored by the property management enterprise, and the expenses shall be borne by the responsible person; If it cannot be restored to its original state, it shall compensate for the losses.

Forty-third disputes between owners, users, property management companies and construction units, the parties can be resolved through consultation or apply to the real estate management department for mediation, can also apply for arbitration or bring a lawsuit to the people's court according to law.

Forty-fourth property management enterprises that have not obtained the qualification certificate, have not gone through the qualification verification procedures or engaged in property management services beyond the scope approved by the qualification certificate, shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit or does not have working conditions, it shall be ordered to stop engaging in property management activities and impose a fine of more than 2,000 yuan and less than 10,000 yuan.

Forty-fifth property management companies in the property management area without the consent of the owners' committee and the approval of the relevant departments of city planning. Unauthorized erection of buildings, structures or unauthorized occupation of * * * sites and green spaces, shall be ordered to make corrections within a time limit and restore to the original state; If no correction is made within the time limit, the qualification level may be lowered until the qualification certificate is revoked, and the relevant departments may forcibly dismantle it according to law.

Forty-sixth property management companies do not provide services according to the contract, the owners' committee has the right to ask them to correct, deduct the corresponding property management fees, and investigate the liability for breach of contract according to the contract.

Article 47 If the owner, user or vacant property user fails to pay the property management service fee in full and on schedule, the property management enterprise may notify him in writing to pay within a time limit and collect the overdue fine in accordance with the contract; Property management enterprises can also bring a lawsuit to the people's court according to law.

Forty-eighth in violation of the provisions of this Ordinance, misappropriate the maintenance fund or cause losses to the maintenance fund, it shall refund the principal and interest and compensate for the losses. Investigate the administrative responsibility of the directly responsible person in charge and other responsible personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-ninth real estate management departments and their staff did not perform their duties according to the provisions of these regulations, which seriously affected the property management in this administrative region, and the administrative responsibilities of the directly responsible person in charge and other responsible personnel shall be investigated according to law; Dereliction of duty, abuse of power and favoritism constitute a crime, and criminal responsibility shall be investigated according to law.

Fiftieth the administrative punishment stipulated in these regulations shall be decided by the real estate management department in accordance with the prescribed scope of functions and powers; If the qualification level is lowered or the qualification certificate is revoked, it shall be decided by the organ that issued the qualification certificate.

If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Chapter VIII Supplementary Provisions

Article 51 The meanings of relevant technical terms in these Regulations are as follows:

(1) The * * used parts of the property refer to the main load-bearing structural parts of the property (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs), outdoor walls, hallways, stairwells, elevators, corridors and tube wells.

(2) * * Property facilities and equipment refer to water pipes, downpipes, antennas, water tanks, booster pumps, elevators, lighting facilities, fire-fighting facilities, roads, green spaces, ditches, pools, wells, non-operating parking lots (garages) and other facilities used by the owners within the property management area.

The fifty-second of this Ordinance since May 6, 2006.