Dazhou Property Management Regulations were announced and will be implemented from October 1
Author:Dazhou released Time:2022.08.08
Table of contents
Chapter 1 General Principles
Chapter 2 Owners, Owners Conference and Owners Committee
Chapter III Property Management and Service
Chapter 4 Property use and maintenance
Chapter 5 Supervision and Management
Chapter 6 Legal Responsibility
Chapter 7 Affiliated
Chapter 1 General Principles
Article 1 In order to regulate property management activities, safeguard the legitimate rights and interests of the property management, create a happy and livable environment, and promote social harmony. , Regulations, combine the actual situation of Dazhou, formulate this regulation.
Article 2 These regulations are applicable to property management activities and their supervision and management in the administrative area of Dazhou.
Article 3 Property management shall adhere to the management of management, owners' autonomy, market competition, government guidance, and industry self -discipline, and focus on improving the professionalization, standardization, informatization, and intelligence level of property management.
Article 4 Give play to the leading role of party building, and promote residential communities, property services, and owners' committees to establish a grass -roots organization of the Communist Party of China. Establish a coordinated operating mechanism such as the civil committees, owner committees, and property service people under the leadership of grass -roots party organizations to form a joint force of community governance.
Article 5 The municipal and county -level people's governments shall incorporate property services into the development planning of modern service industry, community construction planning and community governance system, and establish a comprehensive coordination working mechanism and property management platform for property management.
The county -level people's governments shall clarify the street office (township people's government) to undertake work institutions and personnel to guide and supervise property management activities, and ensure work funding.
Article 6 The municipal and county -level people's government housing urban and rural construction authorities are responsible for the guidance, supervision and management of property management activities.
Municipal and county -level people's governments develop and reform, economic and informatization, public security, civil affairs, judicial administration, finance, natural resource planning, ecological environment, health and health, emergency management, market supervision and management, urban management, fire rescue and other relevant departments (institutions ) Do a good job of supervision and management of property management activities in accordance with their respective responsibilities.
Article 7 of the street office (township people's government) to perform the following responsibilities:
(1) Organization, guidance, and coordination of the establishment of the owner conference in the jurisdiction and election and re -election of the owner committee;
(2) Guide and urge the owners 'conferences, owners' committees, and property service people to perform their duties in accordance with the law;
(3) Establish a system of property management joint conference system and property dispute mediation organization, coordinate the relationship between community construction and property management, mediate and handle property management disputes;
(4) Other responsibilities related to property management activities stipulated in laws and regulations.
The Civil Committee of the residential (village) civil committees set up the Environment and Property Management Committee as needed to assist the sub -district offices (township people's governments) in accordance with the law to carry out related work.
Article 8 The street office (township people's government) is responsible for implementing emergency measures adopted by the county -level people's government in accordance with the law, guiding property service providers and owners' committees to carry out response, and the required materials and funds are included in the management of government emergency systems.
Property services should implement emergency response measures and other management measures implemented by the government in accordance with the law, and actively cooperate with related work. For emergency response measures and other management measures implemented by the property service personnel in accordance with the law, owners, property users and relevant personnel shall cooperate according to law.
Article 9 The property service industry organization shall establish a system of property service behavior and industry specifications, strengthen the business training and industry self -discipline management of employees, safeguard the legitimate rights and interests of property services, and promote the healthy and sustainable development of the property service industry.
Chapter two
Owner, Owner Conference and Owners Committee
Article 10 The owner enjoys the owner's rights in accordance with laws and regulations, management rules, and property service contracts in the property management activities, and fulfills the obligation of the owner.
Article 11 The following matters shall be determined by the owner:
(1) Formulate and modify the rules of discussion of the owner's meeting;
(2) Formulate and modify the management rules;
(3) Election of members of the industry or members of the owner committee;
(4) Determine or change property service methods, service content, service standards and charges;
(5) Selected, renewed, and dismissal property service providers;
(6) The owner has the use and management of funds;
(7) Maintenance funds for raising and using buildings and its auxiliary facilities;
(8) Rebuilding and rebuilding buildings and its auxiliary facilities;
(9) Change the use of common parts or partial business management;
(10) Install personal identity and biological characteristics identification equipment in public space in the property service area;
(11) The division and adjustment of the property service area;
(12) Establish an owners' congress and determine their responsibilities;
(13) Other major matters related to the rights of common and common management.
The matters that the owner decides shall respect the public order and customs, and shall not violate the law, regulations and harm the public interests of the society.
Article 12 A property service area has an owner conference.
The sub -district office (township people's government) guide the establishment of the preparatory group of the owner conference in accordance with the law, and prepare for the first meeting of the owners.
The preparatory expenses of the first owner conference meeting shall be borne by the construction unit. The construction unit shall submit the preparatory funding to the street office (township people's government) to prepare for the total construction area of 0.3 yuan/㎡ before the pre -sale permit for commercial housing or existing housing. The group applies in accordance with regulations. The preparation funding for the preparation of a property service regional owner conference is not more than 100,000 yuan, and the minimum is not less than 20,000 yuan. The county -level people's governments shall be subsidized by the old community or construction units that no longer exist in the property service area to prepare for the first owners' conference.
Article 13 The meeting of the owners' conference is divided into regular meetings and temporary meetings. The owner's conference holds at least once a regular meeting each year, and should be announced to announce the time, place, issue, and agenda in the property service area 15 days ago and notify all owners in the real estate service area. The civil committee of the residence (village).
If one of the following circumstances, the owner committee shall convene the temporary meeting of the owner's meeting:
Owners with a proportion of more than 20 % or more than 20 % of the owners proposed;
A major accident or emergency incident in the property service area requires real -time discussion;
The laws and regulations stipulate that other circumstances shall be held in the temporary meeting of the Owners' General Assembly.
Article 14 Residential communities with more than 300 households may select the owner representatives with buildings and units to hold the owner's congress. Matters such as the generation and work specifications of the owner's representative are clearly clear in the rules of discussion of the owner's conference.
Before the owner's representative meeting was held, the owner representative should solicit the opinions of the owners representing the representatives on the matters proposed by the meeting, and the owner was truthfully reported at the owner's congress.
Article 15 The owner's conference may be held by on -site collective discussions, written solicitation opinions, or electronic information technology.
Owners can entrust others to participate in the owners' meeting. The entrusted person shall provide a copy of the authorized attorney, client, and his identity certificate, and a copy of the client's real estate property rights signed by the client.
The voting should be performed in a registered voting method. The owner signed a written vote or logging in to the electronic voting voting system during the voting voting. If the owner participates in the voting, it shall make the intention of agreeing, disagree, and abstain, and those who have not made a clear intention shall be deemed to be abstainable.
The voting situation and statistical results of the owner shall be announced by the owner committee in the real estate service area within three days, and the owner shall be informed by the Internet. The announcement period is not less than seven days.
Article 16 The first meeting of the owner's conference shall vote on the draft of the rules of management rules and the rules of the owner's conference. If the voting fails, the preparatory team shall solicit the comments of the owner and re -vote.
Management rules shall include the use, maintenance, and management of the property; the common interests of the owner and the obligations that should be fulfilled; the responsibilities of violation of the management rules shall bear the responsibilities and other matters.
The rules of the owner's meeting shall include the way of discussions and voting procedures for the owner's meeting; the composition, responsibilities, period, the conditions and qualifications of the employment of the owner committee; The chairman of the committee, the term of office of the financial leader, and the regulations of the departure audit; the provisions of the alternate members and the supervisory committee; the owners have the use and management of the seal of the owners' conference and the owner's committee;
(Below to the 7th edition) (Part 2) Article 17 The Owner Committee is the executive agency of the owners' conference, which is elected by the owner conference. The number and term of office are determined by the owner's meeting. When a member of the owner committee has a vacancy, there is an alternate member, and the alternate members will be supplemented in turn.
The owner's meeting can set up a supervisory committee to represent the work of the owner's supervisory committee on behalf of the owner. The Supervisory Committee is composed of three or five, and members are elected among the owners of non -employees. The rules of discussion, membership, and term of appointment of the supervisory committee shall be stipulated by the rules of discussion of the owner's conference.
The grass -roots party organizations guide party members among the owners to participate in the election of the owner committee and the supervisory committee members, and encourage party members to serve as the chairman of the owner committee and the supervisor of the supervisor committee through legal procedures.
Article 18 The members of the owner committee shall be the representatives of the natural person owners or unit owners in the property service area, and meet the following conditions:
(1) Have the ability to fully civil behavior;
(2) Comply with discipline and law, justice, integrity, enthusiastic public welfare undertakings, strong sense of responsibility, and submitting written commitments;
(3) Have health conditions and corresponding time to perform their duties;
(4) Other conditions stipulated in laws and regulations.
Those who have one of the following situations shall not be a member of the owner committee:
(1) If the people's court is included in the list of people who have been dishonesty;
(2) In property management activities, violations of relevant laws and regulations are punished by administrative penalties or criminal responsibilities;
(3) I, my spouse, and my close relatives in the real estate service area of my own, and my spouse;
(4) Laws, regulations, or rules of discussion of the owner's conference stipulate that other members of the owner committee should not be appropriate.
Article 19 The owner committee shall be recorded at the sub -district office (township people's government) where the property service area is located within thirty days from the date of date. After the owner committee handles the filing, it shall hold the filing certificate to engrave the seal of the owner's meeting and the owner committee in accordance with the law, apply for the social credit code registration of the owners' conference, open the owner's total funds account, and set up the work funding and subsidy subjects of the owner committee in the joint fund account.
The capital account of the owner committee opened before the implementation of these regulations shall be changed to the owner's common fund account in accordance with the regulations.
Article 20 The meeting of the owner committee shall attend more than half of the members, and make a decision to be agreed and signed and confirmed by more than half of all members.
When the owner's committee meeting discusses the matters of the owner's joint decision, the street office (township people's government), the civil committee of the residential (village), and the representative of the owner should be invited to attend the street office where the property service area is located.
Article 21 The owner committee shall fulfill the following responsibilities:
(1) Decision and resolution of the main meeting of the industry to safeguard the common rights and interests of the owner;
(2) Call the meeting of the Owners Conference to report the duties of the owner committee;
(3) Formulate the financial, seal, conference, archive management system of the owner committee, and establish a meeting record, accounting voucher, accounting book, and financial statements;
(4) Draw some of the common business plans and the use and management measures for common funds and ask the owner conference to decide;
(5) Draw up the property service person to renew, choose, dismiss the plan, and submit the decision of the owner's meeting;
(6) On behalf of the owner and the owner's conference, the property service party signed a property service contract and handed over the withdrawal of the withdrawal of the withdrawal property;
(7) The implementation of the supervision and management rules, urge the owners and property users to abide by the management rules, and fulfill the obligations of payment of property fees;
(8) Listen to the opinions and suggestions of the owners and property users, and supervise and assist the property service person to perform the property service contract;
(9) Disputes caused by mediation of owners due to property use, maintenance and management;
(10) Accept the guidance, supervision and assessment of housing urban and rural construction and other relevant departments, sub -district offices (township people's governments) and the civil committees of the Housing (Village), and support and cooperate with relevant parties to perform their duties in accordance with the law;
(11) Laws, regulations, and other responsibilities given by the owner conference.
Article 22 The members of the owner committee shall submit an annual performance report to the owner committee. The annual work report of the owner committee and the annual performance report of the owner committee shall be reported to the street office (township people's government).
Article 23 The owner committee shall promptly publicize the following matters in the real estate service area and the following matters through the Internet, and archive the relevant information:
(1) Management rules, the rules of discussion of the owner's conference;
(2) The decision of the owner's meeting and the owner committee;
(3) Property service contract;
(4) The use of the common part of the property and the income and expenditure of operating income;
(5) The revenue and expenditure of the working funding of the owners and the owners' committees;
(6) Maintenance funds for buildings and its auxiliary facilities are raised and used;
(7) Members of the owner committee pay the property fees, parking fees and maintenance funds for the deposit building and its auxiliary facilities;
(8) Performance of the owner committee;
(9) Others stipulated in laws and regulations and other situations and materials stipulated in the laws and regulations shall be made to the owner.
The matters of the first and third paragraphs in the preceding paragraph should continue to be publicized; the matters of the second paragraph of the preceding paragraph shall be announced within three days from the date of making a decision, and the publicity period shall be no less than 30 days; The items should be publicized once a quarter, and the publicity period is not less than 30 days.
Owners can consult the owners 'conference meeting and the owners' committee to perform their duties, and have the right to ask the owner committee to ask the owner committee on the publicity content and related property service matters, and the owner committee shall respond in time.
Article 24 The owner committee and their members shall not have the following behaviors:
(1) Obstruct, resist the owners' conference or the owner exercise their rights in accordance with the law, and refuse to implement the owner's joint decision;
(2) Disputes of renewal, selection, and dismissal property service persons without authorization;
(3) Sorry to determine major matters such as the acquisition and use of maintenance funds for management and use, building and its auxiliary facilities, and the management and use of the owner shared funds;
(4) The nature and purpose of embezzling the common property of the owners such as embezzlement and occupation of the property, shared facilities and equipment, etc.
(5) Maintenance funds, elevator testing and maintenance costs, and other expenses paid by the owner shall be paid by the building paid by the owner and its auxiliary facilities;
(6) It indicates that the property service person's fee, parking fee, or other fees that should be paid by their personal personal payment shall be obtained or received by the construction unit, property service person or other interesting relationships;
(7) Transfer, concealment, tampering, abandoning or rejection, delaying provision of relevant documents and materials of property management;
(8) Use the owners' conference and owner committee seal without authorization;
(9) Campaign, retaliation, slander, and framed relevant complaint reporters;
(10) Discover the owner's information or use the activities that the owner's information has nothing to do with property management;
(11) Other behaviors that violate laws, regulations or infringe on the legal rights of the owner.
If there is an act in the previous paragraph, the owner and the interested parties have the right to report to the street office (township people's government) and relevant departments, and the relevant departments shall deal with it in accordance with the law. Article 25 The term of office of the owner committee shall be transferred to the relevant vouchers, archives, seals, and other owners of all owners under the supervision of the street office (township people's government). Those who generate a new owner committee will be transferred to the new owners' committee within ten days from the date of birth. If the new owner committee is not generated, the designated units designated by the street office (township and township) are kept on behalf of them. The designated unit may be a property management agency in the residential (village) civil committee or the street office (township people's government).
If a member qualification is terminated or eliminated during his term of office, he shall transfer the relevant vouchers, archives, seals, and other owners of the owner's owners shared by the owners' committee within seven days from the date of termination or dismissal.
If you refuse to transfer, the sub -district office (township people's government) shall be ordered to transfer. If there are illegal acts such as public property and hidden accounting books, the public security organs shall investigate and deal with it according to law.
Article 26 The owner's conference and the owner committee shall perform their duties in accordance with the law. If the decision made by the owner's meeting and the owners' committee violates the laws and regulations of laws and regulations, the sub -district office (township people's government) shall order correction or cancellation within a time limit, and announce all owners. If the owner's meeting and the owner's committee decide to infringe the legal rights and interests of the owner, the owned owner may ask for revocation and refuse to revoke, and may request the people's court to revoke it.
Article 27 The competent departments of the county -level housing urban and rural construction departments and sub -district offices (township people's governments) shall regularly organize and carry out training of members of the owner committee to improve their ability to perform their duties.
The county -level people's government can formulate the supervision and management and assessment methods of the owner committee, and commend the owner committees and members of the owner committee who perform their duties in the district in accordance with relevant state regulations.
Article 28 The competent departments of the county -level housing urban and rural construction shall establish a negative list of members of the owner committee. If there is a negative list, the sub -district office (township people's government) shall order it to rectify within a time limit according to law. If the overdue does not rectify, it may be recommended that the owner's meeting will be eligible for their members.
Chapter III Property Management and Service
Article 29 A property service area such as residential, commercial, office and other properties in a property service area shall be provided by a property service personnel with property services.
Article 30 The new property implementation system shall be implemented. After the completion and acceptance of the new property, before the delivery and use of 15 days, the construction unit and the property service personnel shall jointly jointly share the property, the shared facilities and equipment, and the corresponding data and archives of the property service contract in accordance with the relevant national and provincial regulations and the preliminary property service contracts. Responsible for inspection.
The inspection of the property undertaking shall invite the representatives of the buyer, the housing urban and rural construction department of the county -level people's government, the housing urban and rural construction department and the street office (township people's government) representatives to participate, and can hire relevant professional institutions to help.
The representative of the buyer shall be determined by the competent housing urban and rural construction department of the county -level people's government at the publicly registered buyer, and will be announced at the prominent location of the new property in the new property before the acceptance of the test. Shareholders, staff and close relatives of construction units and construction units cannot be represented by buyers.
When the property contract is inspected, the property service person shall notify the construction unit in writing the problems found, and the construction unit shall be rectified in time.
The construction unit shall not deliver the property that is not subject to inspection or inspection. Property servicers shall not accept unbelievable properties. Construction units and property services shall not maliciously collude and falsify in the property undertaking inspection activity to jointly infringe the interests of the owners.
The construction unit will undertake the property of the property or the property service person who does not meet the delivery conditions or undertake the unauthorized property. If the quality of the house or the common facilities and equipment defects cause damage to the owner, the house shall bear the liability for compensation in accordance with the law.
New property undertaking inspection costs shall be borne by the construction unit.
Article 31 Property service personnel shall save the preservation of original data such as relevant documents and records, and the owner has the right to inquire.
The property service contract is terminated in the early stage, and the property service person should transfer the inspection file to the owner committee.
Article 32 The principles of property services shall follow the principles of consistent power, reasonable integrity, consistent quality and price, and fairness and publicity. Property services, content, standards, and property service charges, standards, etc. shall be agreed by both parties by contracts.
Article 33 Property service matters include the following content:
(1) Maintenance and management of the coexistence of the building;
(2) The daily operation, maintenance and management of shared facilities and equipment;
(3) Maintenance of environmental hygiene in common parts;
(4) Order maintenance, safety precautions, vehicle parking management and other matters;
(5) Management of property service files and property archives;
(6) Other matters stipulated in laws, regulations and property service contracts.
The property service contract may agree on the performance margin and store it as a guarantee for the performance of the property service person.
Property service people can agreed with the relevant owners on the service agreed by the property service contract.
Article 34 The main body of property services shall maintain the normal order of the property service market and optimize the market environment. Property services should provide services in accordance with the contract and collect property fees. Owners shall fulfill their obligations such as property service fees, parking fees, and other fees shared by the owner shall refuse to pay the property fee for unacceptable or no need to accept related property services. Property service charges should be relatively stable. Due to the changes in the cost of the energy consumption price of public service products, the maintenance and maintenance costs of common facilities and equipment, the owners need to change the change of property service content and service standards, and the policy cost adjustment related to property services. In the standard, the property service person should negotiate with the owner committee and owner to formulate the adjustment plan to submit the owner to the joint decision.
Article 35 The administrative department of the city and county -level people's governments shall, with the competent housing urban and rural construction authorities at the same level, shall, in accordance with the pricing catalog of the provincial people's government, and local reality, every five years, the quality of property services and affordable housing properties will be paid every five years. The service standards and service costs are conducted. According to the results of the investigation, the government service price is formulated or adjusted in the preliminary property service and affordable housing property service.
Article 36 Public places in urban and rural residents 'family residential residential residential residential sites, elevators, electronic anti -theft doors, electronic doorbells, fire, green spaces, gatekeepers, garage and other non -operating electricity use of residents' living electricity prices.
Article 37 The property service persons shall report the following information to the owners' conference and the owner committee, and publicize in the prominent location of the property service area:
(1) Credit information of the business license of the property service person (license), complaint telephone and property service person and project leader;
(2) Property service content and quality requirements, charging items, standards and methods, contract performance;
(3) The name, contact information, maintenance records, and safe operating status of elevators and equipment with professional and technical requirements for elevators and fire protection;
(4) Water supply secondary pressure adjustment water tank cleaning records and water tank water quality test reports;
(5) The income income and expenditure of the owners and the use of maintenance funds of buildings and its auxiliary facilities;
(6) Use of real estate service houses;
(7) If the implementation of the implementation of the revenue and expenditure of the property service funds will be announced;
(8) Laws, regulations, and property service contracts stipulate other information that should be publicized.
The matters from the first to fourth paragraph of the preceding paragraph should continue to be disclosed; other matters shall be publicized at least once every six months, and the publicity period shall be no less than 30 days.
If the owner objected to the content of the publicity, the property service person should respond in time.
Article 38 If the property service person is not providing the legal rights and interests of the owner in accordance with the property service contract, the owner may report to the property service person or complain to the owner committee, or apply for the people's mediation, arbitration or filed a lawsuit.
If the owner and the property user fails to pay the property fee in accordance with the property service contract, the property service person can collect it in writing, SMS, and the Internet; if it is not paid overdue, the owner committee can assist in collecting or applying for the people's mediation and arbitration. Or file a lawsuit.
Chapter 4 Property use and maintenance
Article 39 The following behaviors are prohibited in the property service area:
(1) Damage or change the structure and main structure of the house;
(2) illegal excavation, expanding the basement, and illegal construction (structure) of illegal and illegal rules;
(3) Organization, damage to the corridor, public park green space, shared roof and other properties together;
(4) Change the nature of the use of house buildings, parking spaces, garden green spaces or other auxiliary facilities;
(5) Change the outer facade of the building without authorization, and install a protective bar, aushed, clothes drying rod on the facade of the building on the streets of the building.
(6) Items of stacking and storing over -building (structure) of the load;
(7) Destroy elevators and their safety protection devices, warning signs and other related facilities and equipment;
(8) The vehicle stopped and stopped, occupied, blocked, closed, closed the refuge layer, evacuated channels, safety exports, fire channels, damaged or discontinued fire protection facilities and equipment, etc.;
(9) Park electric vehicles in public entrance halls, evacuation passages, stairwells, and safe exports, load electric vehicles with elevators, and charge the power supply to the electric vehicle;
(10) Packing flammable, explosive, toxic, radioactive, corrosive items;
(11) Install, modify, remove the gas facilities and gas metering devices in the household without authorization, build, connect to the drainage system and flue without authorization, and discharge sewage in violation of regulations;
(12) Random stacking, dumping garbage, debris;
(13) Throw items from the building;
(14) In violation of regulations, large dogs, strong dogs, dogs that are offensive, and other animals with offensive dogs;
(15) Other behaviors prohibited by laws, regulations and management rules.
Property services should carry out daily inspections and supervision on decoration and decoration activities, facilities and equipment operation, and establish corresponding files.
For the behavior listed in the first paragraph of this article, the property service person, the owners' committee, and the owner shall promptly discourage and stop it; if the dissuasion and preventing invalidation shall be reported in time, the public security, ecological environment, housing urban and rural construction, market supervision management, urban management, emergency management, emergency management , Fire Rescue and other relevant departments (institutions) and street offices (township people's governments) and assist in handling. Article 40 The owner shall not change the house into a operating house without authorization. If it is necessary to change, it shall abide by laws, regulations, and management rules, and unanimously agree with the owners who have a favorable relationship.
Article 41 The parking space (library) set in the property service area shall first meet the needs of the owner, and its belonging shall be agreed by the parties through sale, attached or rental.
Those who belong to all parking spaces (libraries) of the construction unit (sale) shall, the number of parking spaces (libraries), related certification documents and rental sale of parking spaces (libraries) to be leased (sale) to be publicized through the Internet by the Internet in 15 days in advance Price and information such as lease (purchase) personnel.
Construction units and property servicers shall not stop using the completed parking space (library) without authorization or renamed him.
Article 42 The construction unit shall bear the warranty responsibility of property in accordance with national regulations and contractual warranty and warranty scope.
If the quality of the property warranty period and the warranty range occur, the property service person should issue a written warranty notice to the construction unit, and the owner and the owner committee may also issue a written warranty notice to the construction unit. The construction unit shall fulfill the responsibility of warranty within 15 days from the date of receiving the warranty notice. If the construction unit delays the performance, it shall not refuse to fulfill the responsibility of warranty on the grounds of expiry warranty.
If the construction unit entrusts the property service personnel, it shall sign an entrusted agreement with the property service person and publicize it in the real estate service area.
Article 43 If the conditions for the meeting of the first owners' meeting, the construction unit shall submit a written report to the establishment of an owner conference. Those who fail to report in accordance with the regulations, if the property shares and the shared facilities and equipment need to be repaired, updated and transformed, the construction unit shall bear the responsibility for maintenance, update and transformation, and shall not use maintenance funds for buildings and its auxiliary facilities.
Article 44 The income generated by the common part is owned by all owners after deducting reasonable costs. It is included in the management of the owner's shared capital accounts, preferentially used for the public expenditure of the owner, and can also be used in accordance with the decision of the owner's meeting.
Before the establishment of the owner's meeting, the preliminary property service personnel shall set up a special account of the owner's shared funds. Within fifteen days after the owner's total capital account was established, the property service personnel shall transfer the owners to the owners of the owner to the owners' total funds accounts.
The owner shall not deposit funds in a private account, shall not be used in other investments except bank savings, and shall not borrow to others or provide guarantee for others.
The decision of the owner's conference or the rules of the owner's meeting can be audited on the income and expenditure of the owners such as some income.
The street office (township people's government) shall carry out inspections on common funds and income and expenditure conditions each year. The inspection situation shall be publicized in a significant position in the property service area.
Article 45 The maintenance funds of buildings and its subsidiary facilities are used for maintenance, renewal and transformation after the maintenance period of the property, and the warranty period of common facilities and equipment, and shall not be used for him.
If the maintenance funds or balance of the first phase of the building and its auxiliary facilities will be raised by 30 % in the first phase of the first phase of the first phase, the owner shall be in accordance with the relevant regulations of the state and provinces, municipalities, and counties. , Repair or raise the maintenance funds for buildings and its auxiliary facilities in time.
The construction unit on behalf of the private defense engineering, the maintenance funds of the non -existing buildings and its auxiliary facilities shall shall share the maintenance, update, and transformation costs of the common part of the common parts, the warranty period of common facilities and equipment after the warranty period of the property area, Essence
Article 46 The emergency procedures for applying for maintenance funds using buildings and its auxiliary facilities shall be performed in accordance with the following regulations:
(1) Application shall be submitted by the owner committee. If the owners' committee or the owner committee does not perform their duties, the Civil Committee of the resident (village) shall apply for the application according to the requirements of the owner;
(2) After receiving the application, the housing urban and rural construction department of the county -level people's government shall make a review decision and complete the relevant procedures within three working days;
(3) The maintenance fund management institutions of buildings and its auxiliary facilities will be listed directly in the maintenance funds of the buildings and its auxiliary facilities in accordance with relevant regulations;
(4) After the completion and acceptance of the emergency maintenance project, the unit that organizes the maintenance shall publicize the total amount of maintenance funds using buildings and its auxiliary facilities, and the owners shall be publicized in the prominent location of the property service area.
If the relevant entities have not submitted the application in a timely manner, and if they have seriously affected the lives of the owner or endangered the safety of personal property, the street office (township people's government) should be organized on behalf of maintenance. The maintenance funds of buildings and its auxiliary facilities are listed and publicized.
Article 47: If the owner, the property user or the other actors are not decorated or used in improper use, the property shares and the shared facilities and equipment are damaged and the legitimate rights and interests of the neighboring owners shall bear the responsibility for maintenance and compensation in accordance with the law.
Article 48 The county -level people's governments shall formulate medium- and long -term plans and annual plans for comprehensive transformation and management of old residential communities, and arrange special funds for comprehensive transformation for old residential communities. The renovation of the old community requires supporting facilities such as newly built or rebuilt property service housing, motor vehicle parking spaces, non -motorized vehicle centralized parking areas, electric vehicle centralized charging power and other supporting facilities and installed elevators, and the reconstruction plan shall be formulated. The consent of the competent department of natural resource planning, housing urban and rural construction.
Encourage social capital and social forces to participate in the reconstruction of old residential communities, and raise construction funds to build construction funds by building electric vehicles for centralized charging power and conversion facilities, existing residential installations of elevators, construction of parking lots for the integration and operation of urban smart parking systems.
Chapter 5 Supervision and Management
Article 49 The competent departments of the municipal and county -level people's government housing urban and rural construction departments are responsible for the supervision and management of property management activities in their jurisdictions and fulfill the following responsibilities:
(1) Formulate policies and measures related to property management;
(2) Establish and manage property credit information platforms;
(3) Organize business training for employees;
(4) Guide the formulation of the replacement of the maintenance components such as elevators, fire protection such as elevators, fire protection, and other special services of property communities;
(5) Guide the supervision and supervision of the property management association to carry out industry self -discipline;
(6) Other responsibilities stipulated in laws and regulations.
Article 50 The relevant departments of the municipal and county -level people's governments shall do a good job of the following work in accordance with their respective responsibilities:
(1) The competent department of urban and rural planning is responsible for urging the construction unit to improve the construction of relevant supporting facilities in accordance with the requirements of the planning and design, and the approval of the newly built, reconstructed, expanded facilities or the planning of the property service area;
(2) The supervision and management department determined by the city management department or the county -level people's government is responsible for investigating and dealing with illegal construction in the property service area, illegal decoration, unauthorized changes in planning, and violations of municipal capacity and environmental sanitation management regulations;
(3) Market Supervision and Management Department is responsible for supervising and managing special equipment such as elevators in the property service area safely, supervise and inspect the price of property services, and investigate and deal with price violations;
(4) Public security organs are responsible for the management of dog breeding in the property service area, guide the construction of property service providers and owners' committees to carry out the construction of security facilities, and to guide parking berths in the property service area according to the community application , Check the behavior of high -altitude parabolic;
(5) The competent department of ecological environment is responsible for the supervision and management of the property service area and its surrounding environmental pollution sources;
(6) Fire rescue agencies are responsible for guiding property service people to maintain management and indicate fire truck channels for shared fire protection facilities, investigate and deal with illegal occupation of fire truck channels, damage to fire protection facilities.
Professional operating units such as water supply, gas supply, and electricity are responsible for the joint professional operating facilities and equipment and related pipelines that meet the conditions for transferring conditions for residential property areas to receive and assume the responsibility of maintenance, maintenance, renewal and management in accordance with regulations.
Article 51 The competent departments of the municipal and county -level people's government housing urban and rural construction departments shall, in conjunction with the development reform, market supervision and management, urban management and other competent authorities, establish a system of property service personnel red and blacklist system, improve the joint inspiration of the property industry, joint punishment Mechanism and strengthen credit management of the property industry.
The municipal and county -level people's government housing urban and rural construction authorities shall establish and improve the supervision and credit evaluation mechanism of property service, and conduct credit information quantitative grading of the basic situation, service situation, complaint reporting and processing of property service providers and project leaders. manage.
The competent housing and urban and rural construction department of the county -level people's government shall regularly organize and carry out the quality satisfaction evaluation of property service personnel services with the street office (township people's government).
Article 52 The results of the satisfaction evaluation and credit evaluation results of the property service person shall be announced regularly to the society, and as an important reference for the construction unit and the owner's conference to select and hire the property service personnel, determine and adjust the property service charging standard.
Article 53 Any units or individuals can complain and report to relevant competent authorities such as housing, urban and rural construction in the county -level people's government, and relevant competent authorities in the housing urban and rural construction of the county -level people's government. Relevant competent departments shall announce law enforcement matters and report telephones in a significant location in the property service area, and investigate and deal with illegal activities in the property service area in accordance with the law.
Relevant competent departments identify houses with illegal construction shall promptly inform real estate registration agencies in writing, and real estate registration agencies shall record illegal construction in the real estate registered book. If the construction of illegal construction is eliminated, the relevant competent authorities shall promptly ask the real estate registration agency to make changes.
Chapter 6 Legal Responsibility
Article 54 If the behavior of violating the provisions of these regulations, the law and regulations have legal liability regulations, from its provisions.
Article 55 If a member of the owner's committee fails to fulfill the relevant responsibilities stipulated in these regulations, the street office (township people's government) of the property of the property shall be ordered to be fulfilled; if the overdue is not fulfilled, it shall be notified.
If a member of the owner committee violates one of the second regulations of these regulations, a warning shall be given by the housing and urban and rural construction department of the county -level people's government where the property is located. , Confiscation of illegal income. If it causes damage to the owner, it shall bear the corresponding compensation liability; if it constitutes a crime, criminal liability shall be investigated in accordance with the law.
Article 56 If you violate the provisions of Article 39, paragraph 3, paragraph 3 of these regulations, shall be partial part of the occupation, damage to the corridor, the public garden green space, and the shared roof shall shall be shared by the city management department or county -level city -level city management department or county level. The supervision and management department determined by the people's government shall order correction within a time limit, restore the original state, and give warnings; a fine of more than 10,000 yuan for individuals can be punished by a fine of more than 10,000 yuan, and a fine of less than 20,000 yuan can be imposed by the unit. Article 57 If the construction unit violates the provisions of Article 41 of these Regulations, if it fails to publicize it as required, the competent department of housing, urban and rural construction of the county -level people's government shall order corrections within a time limit; Fined fines under 50,000 yuan.
Article 58 The provisions of Article 41, paragraph 3, paragraph 3 of these regulations, stop using or renamed the completed parking space (library) without authorization, shall be used by the city management department or the county -level people's government in accordance with the law according to law. The determined supervision and management department shall order correction within a time limit; if the overdue does not make corrections, the date of correction shall be fined at a fine of 50 yuan per square meter per month in accordance with the area where it is stopped or changed to the area he uses.
Article 59 The competent departments of the municipal and county -level people's governments, urban and rural construction departments, sub -district offices (township people's governments) or other relevant departments and their staff have one of the following situations, and their units, competent departments, and higher -level organs shall Or the supervision organs shall be ordered to correct; if the circumstances are serious, the person in charge and other directly responsible persons shall be punished according to law; if the legitimate rights and interests of the parties will be damaged, they shall bear the liability for compensation according to law;
(1) Those who fail to perform supervision and management responsibilities in accordance with regulations;
(2) illegal intervention of the owner's establishment of the owner's meeting and election industry committee committee according to law;
(3) Complaints in property service activities will not be accepted in time and handled according to law;
(4) If illegal acts are found or after receiving the report, they will not be investigated in time;
(5) Other behaviors of abuse of power, negligence, or fraud.
Chapter 7
Article 60 These regulations shall be implemented from October 1, 2022.
Source: Dazhou Daily.com
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