Notice of Jinan Real Estate Administration Bureau on Issuing the Trial Opinions on the Implementation of Property Management Regulations in Jinan City
Ji Fang Zheng Zi [2003] No.97
All property management enterprises, housing development and construction units and owners' meetings:
The Regulations on Property Management, promulgated by Decree No.379 of the State Council and implemented on September 1 2003, is the first administrative regulation on property management in China. The promulgation and implementation of this regulation is of great significance to promoting the healthy development of property management and further improving people's living and working environment. In order to promote the implementation of the Property Management Regulations in our city, the Trial Opinions on the Implementation of the Property Management Regulations in Jinan are hereby printed and distributed to you, please follow them carefully.
2003 1 1 4th of the month
Trial opinions on the implementation of property management regulations in Jinan city
In order to thoroughly implement the "Regulations on Property Management" promulgated by the State Council (Order No.379th of the State Council, hereinafter referred to as the "Regulations") and promote the healthy development of property management in our city, we now put forward the following interim opinions on the implementation of the "Regulations on Property Management" in combination with the actual situation of property management in our city:
First, establish the system of owners' congress and improve the mechanism of owners' autonomy and self-discipline.
(a) the conditions for the establishment of the owners' congress
The owners' meeting may be established if the building area of the houses sold and delivered in the property management area reaches more than 50%, or if it has been two years since the first set of houses were sold and delivered.
(B) the division of property management areas
1, according to the red line scope of the project approved by the municipal planning department. Among them, projects that are developed and constructed by stages and have a total construction area of more than 300,000 square meters can be distinguished by facilities and equipment. The real estate management department in the district where the house is located shall, jointly with the local sub-district office, determine the relevant factors such as the scope of the red line approved by the planning department, the scale of the property, and the self-management needs of the owners.
2. The completed old residential areas shall be determined by the real estate management departments of each district in conjunction with the local sub-district offices according to the housing facilities and equipment, the present situation of housing management and the requirements of the owners' self-management.
(three) the preparation and convening of the first owners' meeting
1, the area where property management has been implemented
After the property area meets the conditions for the establishment of the owners' meeting, the development and construction unit or the property management enterprise entrusted by it shall promptly report in writing to the district property management department where the house is located, and set up a preparatory group for the first owners' meeting composed of the district property management department, the neighborhood office where the house is located, some owners and the property development and construction unit. The owners in the preparatory group are recommended by the owners of real estate management departments, sub-district offices and property development and construction units in various districts. After the list of members of the preparatory group is determined, the district real estate management department and the sub-district office shall make an announcement in the property area.
After the property area meets the conditions for the establishment of the owners' meeting, if the property development and construction unit fails to fulfill the preparatory obligations in time, the preparatory group can be formed under the guidance of the district property management department and the subdistrict office upon the proposal of more than 20% of the owners in the property area, and an invitation to participate in the preparatory group of the first owners' meeting will be sent to the property development and construction unit. If the property development and construction unit fails to reply within 10 days, it shall be deemed as giving up the rights and obligations to participate in the preparatory group for the first owners' meeting.
The preparatory group shall complete the preparatory work within 30 days from the date of establishment, and organize the first owners' meeting to elect the owners' committee. When the owners' meeting is held, the residents' committee shall be invited to participate.
If there are a large number of owners in the property area, the preparatory group shall organize the owners to elect their representatives before the first owners' meeting. 2. Property areas without property management.
Where the owners' meeting needs to be established in the property area where property management is not implemented, the preparatory group shall be composed of the neighborhood office where the house is located, the district property management department, the original property unit of the sold public houses or the property development and construction unit and some owners, and the first owners' meeting shall be organized.
(four) the determination of the voting rights of the owners at the first meeting of the owners' congress
The voting right of the owners at the first meeting of the owners' congress is determined according to the building area of the property owned by the owners, the number of residential units and other factors. Among them, residential properties are calculated by sets, and each set counts one vote; Non-residential property is calculated according to the construction area of the property. /kloc-more than 0/00 square meters, one vote per 100 square meters (part of less than 100 square meters is rounded off). /kloc-If there is a house ownership certificate below 0/00 square meter, each certificate will count as one vote.
(five) the owners' meeting for the record and change for the record
The owners' committee elected by the owners' congress shall, within 30 days from the date of election, submit the minutes and resolutions of the owners' congress, the list of members of the owners' committee and basic information, the rules of procedure of the owners' congress, the owners' convention and other materials to the district real estate management department for the record.
In case of any change in the relevant matters filed by the owners' committee, the formalities for filing change shall be handled in accordance with the provisions of the preceding paragraph within 15 days after the change.
In accordance with the "Regulations" and "the articles of association of the owners' congress", the district real estate management department shall issue the seal engraving certificate of the owners' congress and the owners' committee. The owners' committee shall use and manage seals as required.
(VI) Owner's self-discipline mechanism
Owners must perform their rights and obligations in accordance with these regulations and the articles of association of the owners' congress; Abide by the owners' convention, the rules of procedure of the owners' congress and the decisions of the owners' congress.
The owners' congress is an effective institution to represent and safeguard the legitimate rights and interests of all owners in the property management activities within the property management area, and shall perform its duties in accordance with these regulations, the rules of procedure of the owners' congress and the rules of procedure of the owners' congress.
The owners' committee is the executive body of the owners' congress, which is responsible for convening the owners' congress, understanding the opinions and suggestions of the owners and property users, supervising and assisting the property management enterprises to perform the property service contract, supervising the implementation of the owners' convention and the relevant decisions of the owners' congress, and urging the owners to pay the property management service fee and the property maintenance fund on time.
The decisions made by the owners' congress and the owners' committee shall inform the relevant residents' committees, listen to the suggestions of the residents' committees, cooperate with the residents' committees to perform their autonomous management duties according to law, and support the residents' committees to carry out their work.
(seven) the owners' meeting established before the implementation of these regulations.
The owners' congress and the owners' committee established before the implementation of the regulations shall perform their respective duties in accordance with the regulations and the articles of association of the owners' congress, and when the next meeting of the owners' congress is held, the articles of association of the owners' committee shall be revised into the rules of procedure of the owners' congress.
The second is to fully implement the pre-property management.
(A) early property management bidding
1, the bidding for early property management shall be organized and implemented by the property development and construction unit according to law. The tenderee may entrust a professional property management consulting company to prepare the tender documents and bidding scheme, or it may prepare it by itself if it has the ability.
Residential and non-residential construction units within the same property management area shall select and employ property management enterprises with corresponding qualifications through bidding; For residential quarters with a total construction area of less than 30,000 square meters, with the approval of the real estate management department of the district where the house is located, a property management enterprise with corresponding qualifications can be selected by agreement.
2. The property development and construction unit shall submit the following materials to the Municipal Real Estate Administration for the record before issuing the tender announcement or invitation letter 10: (1) the general plan of the project; (2) A tender announcement or an invitation to bid; (3) Bidding documents and bidding scheme.
3. The expert members of the bid evaluation committee shall be determined by the tenderee from the list of experts established by the property management administrative department under the supervision of the Municipal Real Estate Administration. The process of bid opening and bid evaluation in the early stage of property management shall be carried out under the supervision of the municipal real estate administration bureau or the district real estate administrative department where the house is located.
4, the bid evaluation committee should be based on the tender, on-site defense and enterprise qualification, performance and other factors to conduct a comprehensive bid evaluation.
Enterprise qualification, project management and enterprise performance shall be subject to the enterprise credit file records publicized by the real estate administrative department.
5. The property development and construction unit shall, within 0/5 days from the date of determining the winning bidder, go through the filing formalities with the Municipal Real Estate Management Bureau with the information on the bid opening and evaluation process, the methods and reasons for determining the winning bidder, the bid evaluation report of the bid evaluation committee and the bid documents of the winning bidder. Bidding in accordance with the provisions of the Interim Measures for the Administration of Bidding in the Early Stage of Property Management, the Municipal Housing Authority shall issue a record certificate.
6, the new commercial housing project early property management bidding should be completed 30 days before the sale; The pre-sale of commercial housing projects should be completed before obtaining the "Pre-sale Permit for Commercial Housing"; New property projects that are not for sale should be completed 90 days before delivery.
7, property development and construction units in the pre-sale of commercial housing contracts for the record and the initial registration of real estate, should be submitted to the early property management bidding for the record.
(2) Real estate sales
1. Before the house is sold (pre-sold), the property development and construction unit shall formulate the temporary owners' convention with reference to the model text.
2. The property development and construction unit shall, when selling the house, express to the buyer the Temporary Convention of Owners, the preliminary property service contract, the preliminary property management service enterprise and the preliminary property management bidding and filing certificate, and explain them.
3. When the property development and construction unit signs a commercial housing sales contract with the purchaser, the purchaser shall make a written commitment to abide by the temporary convention of the owners, sign an agreement with the property development and construction unit to deposit the maintenance fund, and sign a preliminary property service agreement with the property management enterprise selected by the property development and construction unit.
The "commercial housing sales contract" shall specify the delivery period and related rights and responsibilities of supporting infrastructure such as water supply, power supply, heating, gas, roads and greening; Clarify the ownership of public buildings and the allocation of property management houses in the property management area, and the property development and construction unit promises to fulfill the obligation of preparing for the first owners' meeting within 60 days after the property area meets the conditions for the establishment of the owners' meeting.
(3) Acceptance of property transfer and property management.
1. The property development and construction unit develops and constructs the property according to the prescribed procedures, and the property management enterprise can undertake the property only after the property meets the delivery conditions. When a property management enterprise undertakes the property, it shall check the parts and facilities of the property and make records. First, check whether the property development and construction unit's commitment to the delivery of supporting infrastructure such as water supply, power supply, heating, gas, roads and greening is implemented, and clarify the management and maintenance responsibilities and property ownership of supporting infrastructure; The second is to check the construction quality of the used parts of the house. Inform the property development and construction unit in writing in time of problems such as housing quality and public facilities found in the inspection. Property development and construction units shall rectify the problems found in the acceptance of property management enterprises and bear corresponding civil liabilities.
2, the property development and construction units shall, in accordance with the provisions of the "Regulations" Article 29 and Article 30 to the property management companies to transfer property management information and property management space.
3. Property management houses include office houses and owners' meeting houses of property management enterprises, which are provided to property management enterprises in the early stage of property management; After the establishment of the owners' meeting, it will be provided to the owners' meeting for free, and the property rights will be owned by all owners.
The specific standards for property management houses are as follows: the office buildings of property management enterprises should be built at least according to 0.2% of the total construction area of houses in the property management area; If the total construction area is less than 50,000 square meters, it shall be apportioned according to the construction area of not less than 100 square meters. The owner's meeting room shall be equipped with a construction area of not less than 30 square meters.
The property management house provided by the construction unit must be a house that can be used independently.
Third, further standardize property management services.
(1) Qualification and employees of the property enterprise
Enterprises engaged in property management services shall have independent legal personality and corresponding qualifications; Employees should participate in the on-the-job training and re-education organized by the real estate management department and obtain the post certificate.
(2) Property service contract
1. The property development and construction unit and the owners' meeting shall sign a written prophase property service contract and a property service contract with the property management enterprise selected by them, and stipulate the property management service matters, service quality, service fees, rights and obligations of both parties, management and use of maintenance funds, contract term, liability for breach of contract, etc. And go through the filing formalities with the property management department in the district where the house is located.
2. Property management services mainly include: maintenance and management of the parts used by the property; Maintenance, management and operation of facilities and equipment used by the property; Environmental sanitation and greening management services; Assist in the services of public security, fire fighting, transportation and other management affairs in the property management area; Property decoration management services; Maintenance fund account custody service and property file management.
(3) Property management service charges
1. The owner shall pay the property service fee according to the property service contract. At present, if the property service fee standard is not stipulated in the contract, it shall be paid according to the standard approved by the municipal price department; After the establishment of the owners' congress, it shall be determined by the owners' congress through consultation with the property management enterprises selected by them.
2, water, electricity, heating, gas and other expenses according to the "Regulations" provisions of article forty-fifth. If the property development and construction unit fails to handle the acceptance and handover procedures of public facilities such as water and electricity according to relevant regulations, it shall be collected by the property development and construction unit or entrusted by the property management enterprise.
(four) standardize, supervise and inspect the property management services.
1. The property management enterprise shall provide corresponding services according to the stipulations of the property service contract, publicize the property management service items, service standards, service charges and other contents within the property area, and accept the supervision of all owners and the inspection by the competent department.
2. The municipal and district real estate management departments should further improve the complaint acceptance and handling system, improve enterprise credit files, strengthen the inspection of enterprise service behavior, and implement and feedback the complaints to the owners.
Four, clear property management and maintenance responsibilities, establish a maintenance fund system.
(A) property management and maintenance responsibilities
Owners shall abide by these regulations, relevant laws and regulations and the provisions of the owners' convention, make rational use of the property, and undertake the obligation to manage and maintain the parts and facilities shared by the owners. Water supply, power supply, heating, gas supply and other units shall perform their respective maintenance and management duties in accordance with these regulations and relevant laws and regulations.
(two) the property * * * with part, * * with facilities and equipment maintenance fund.
1, the Interim Measures for the Administration of Maintenance Funds for Facilities and Equipment Used in Residential Areas in Jinan (No.200 1) was promulgated, and buyers who purchase commercial housing shall pay the maintenance funds at 3% of the total purchase price; For the commercial housing purchased before the documentNo. [2006 54 38+0]27 was issued, the owner can pay the maintenance fund at the rate of 3% of the total purchase price, or at the standard of 2 yuan per square meter per year.
2. The maintenance fund deposited by the purchaser at one time shall be managed by the property development and construction unit at the time of house handover and deposited in the bank account designated by the Municipal Real Estate Administration; The annual maintenance funds paid by the owners shall be collected by the owners' committee or the property management enterprise entrusted by the owners' committee and deposited in the bank account designated by the Municipal Housing Authority for management.
3. Before the issuance of the "Trial Opinions", the property development and construction units that have received the maintenance fund or maintenance fund for commercial housing according to the provisions of DocumentNo. [2006 54 38+0]27 should deposit the maintenance fund and maintenance fund collected in the special bank account designated by the Municipal Real Estate Management Bureau before 2003 12, and implement it according to the "Regulations on the Administration of Deposit and Use of Commercial Housing Maintenance Fund in Jinan".
4. The commercial housing maintenance fund and maintenance fund shall be owned by the owner, and shall be used exclusively for medium repair, overhaul, renewal and transformation of * * * parts and * * * facilities and equipment of the property after the property warranty period expires.