In Hunan Province, The Implementation Of The Building Management Ordinance Way

Original Language Title: 湖南省实施《物业管理条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385519.shtml

In Hunan province, the implementation of the building management Ordinance way

    (September 11, 2012 114th meeting consideration of Hunan province on November 27, 2012, Hunan provincial people's Government promulgated as of January 1, 2013, No. 262) Chapter I General provisions

    First in order to standardize property management activities, maintenance of property owners, property management companies and other people's legitimate rights and interests, in accordance with the People's Republic of China real right law, property management regulations and other laws and regulations, combined with the province, these measures are formulated.

    Article property management should adhere to people-oriented, implementation of autonomy, the principle of combining professional services and community management. Third provincial housing and urban-rural construction Administrative Department is responsible for the supervision and administration of property management activities of the province.

    City, State, County, City real estate administrative departments of the people's Government is responsible for the supervision and administration of property management activities in the administrative area.

    People's Governments above the county-level public security, civil affairs, finance, environmental protection, urban and rural planning, industry and commerce administration, quality supervision, price and other relevant departments according to their respective duties, well done according to law, and estate-related work.

    Subdistrict offices, Township people's Governments and the community neighborhood Committee and guidance, coordination, supervision and management.

    Fourth people's Governments above the county level shall take measures to promote the socialization and specialization and marketization of property services, property services industry.

    Property services industry associations shall strengthen self-discipline, accept the operational guidance of departments in charge of industry, industry code of conduct, supervise property services companies and practitioners in business law, sincere service.

    Chapter II stage property management

    Article property management division of the region, shall be as fixed by the planning permit for construction based Red scope, taking into account the scale of buildings, the sharing of facilities equipment, community building and management, and other factors.

    Before the sixth new properties for sale, property management to property units shall be delineated in counties real estate administrative departments of the people's Government of the location of the record, and expressly in the contract of sale of commercial housing.

    Has implementation of property management, property management service to the counties, where the property real estate administrative departments of the people's Government for the record.

    Subdistrict offices, Township people's governments determine property management area, subdistrict offices, Township people's Government to the locations of the properties of urban real estate administrative departments of the people's Government for the record.

    Article seventh Division or merger of the Realty Management area shall be subject to relevant within the Realty Management area was admitted to area and already living in households all over 50% the consent of owners of, the property is located into counties real estate administrative departments of the people's Government of registration and shall be published.

    Article eighth town and country planning, housing and urban-rural construction Administrative Department reviews residential construction project planning, design, and shall consult the relevant professional bodies for supporting buildings and common facilities standard view on configuration and construction.

    Nineth article residential construction project delivered using Qian, units should according to project contract of agreed, configuration property management with room and water, and power, and gas, and heating, and communications, and network, and wired TV, and post, and fire, and road, and garden green, and garbage transit, and security monitoring, total with facilities equipment and the independent of measurement apparatus, and in property undertake identification Hou, will early property service contract, and temporary management Statute and the property identification situation reported property location of County urban government real estate administrative competent sector record.

    Within the Realty Management area, common facilities administered by the professional unit shall bear the associated pipeline, facility, equipment repair and maintenance responsibilities, service to the end user, carry out service contracts with the owners to ensure quality of service. Article tenth of new properties, the construction unit shall configure the property management, for customer reception, project information, tool storage, on-duty service, the owners ' Committee Office and other matters.

    Property management housing should be expressed in the sale and purchase contract.

    Property ownership law belongs to all the owners of the House, without the owners ' consent, may not change the property management housing purposes.

    11th property management housing should be configured according to the following criteria:

    (A) not less than construction project area in accordance with the proportion of the total area of 2 ‰, no less than 50 square meters;

    (B) above the ground with water, electricity, lighting, ventilation, independent of the normal use of set decoration; property management space of the elevator is not configured, the floor should not be higher than 4, less than the 1.

    Real estate administrative departments can municipal people's Government according to the provisions of the preceding paragraph standard of property management, combined with the situation on the ground to determine the specific standards. 12th within the Realty Management area planning and construction of parking lots and garages, the construction unit can offer to the owners; or taxi, garage sale, owners have priority.

    Use of the owners of parking spaces for the construction of roads or other venues, belongs to all the owners, the construction unit shall not offer, sell or rent.

    Parking lots and garages for sale or lease, the construction unit should sign a contract for the sale or lease with the landlord. Parking lots and garages to meet the owner demand left after rent, the construction unit shall provide public notice of all owners, term of the leasing contract shall not exceed 6 months.

    Parking lots and garages lease contracts should be sent to the Realty service enterprise copy of the archive, property owners, owners ' committees and using the right query.

    13th construction and property buyers when concluding a Realty sales contract, should express support within the Realty Management area planning and construction of buildings, common parts, common facilities and property management room, right of use or ownership of the parking lots and garages. Article 14th residential construction should apply for pre-sale housing permits, by way of bidding selection the prophase Realty service enterprise with the appropriate qualification.

    Staging the prophase Realty service enterprise for development projects, should have to undertake a project to develop a total construction area of the corresponding qualification levels.

    Any of the following circumstances, by property location County city people's Government approved real estate administrative departments, selection can take the agreement the prophase Realty service enterprise:

    (A) bidders with less than 3;

    (B) the multi-storey property total floor area of less than 30,000 square meters, total floor area of less than 10,000 square metres or high-rise property, or multi-layer, top mixture of total floor area of less than 20,000 square metres. 15th property service enterprises involved in project development and construction in advance shall be encouraged.

    Construction unit acceptance and completion of the organization when the door acceptance, it shall notify the prophase Realty service enterprises to participate in.

    Encourages the unit to operating rooms or financial support early stage property management. 16th stage development of properties, the prophase Realty service enterprise can be delivered according to the schedule and conditions of use, undertake inspection in phases.

    Construction prophase Realty service enterprise shall, at the time of undertaking in the final phase, real estate transfer procedure of the project as a whole. Property to undertake fee for inspection by the employer and the prophase Realty service enterprise in the prophase Realty service contract agreement.

    No agreement or the agreement is not clear, borne by the employer.

    Property to undertake the identification of specific measures by the provincial housing and urban-rural development in accordance with relevant regulations of the State shall be separately formulated by the Administrative Department.

    Chapter III owners and owners

    Article 17th home ownership human owners.

    Owners in the management activity, enjoyment of legal rights, comply with the statutory obligations.

    Within the Realty Management area, on shared and joint management rights on major issues should be decided jointly by the owners.

    Article 18th same owners within the Realty Management area set up an owners ' meeting.

    Meet one of the following conditions, it shall establish a general meeting:

    (A) delivery of a proprietary part of the floor area of the property up to 50% per cent of the total area of buildings;

    (B) the first delivery the exclusive part of the property has been used for 2 years delivery and exclusive part of the property area of up to 30% per cent of the total area of buildings.

    Total number of owners of less than 20 people, after all the owners agreed and decided not to set up an owners ' meeting by all the owners to meet their responsibilities of owners, owners ' committees of the General Assembly.

    19th within the Realty Management area, meet the conditions for setting up an owners ' meeting, the construction unit shall report in writing property counties, where local real estate administrative authorities sector and subdistrict offices, Township people's Government.

    10% per cent of total number of owners or more joint owners of the property is located in sub-district offices, Township people's Government proposes to set up an owners ' meeting in writing.

    Subdistrict offices, Township people's Government must be appointed upon receipt of the request in writing within 60 days of the date of the general meeting, to organize and guide the establishment of general meeting organizing Committee.

    20th General meeting organizing Committee convened by the subdistrict offices, Township people's Government owners, construction and community neighborhood Committee in consultation with representatives of the formation.

    Owners ' preparatory group shall, in accordance with the relevant provisions of the General Assembly held its first general meeting.

    Project owner shall from the date of general meeting organizing Committee was established in the 7th General meeting organizing Committee provides the owners register, the exclusive part of the property area, buildings with a total area of information.

    21st General meeting shall represent and protect all the owners within the Realty Management area in the Realty management activities the legitimate rights and interests.

    The first general meeting General meeting organizing Committee should be convened within 6 months from the date of its establishment.

    The general meeting shall set forth the management for the first time and the owners to vote on the draft rules of procedure of the General Assembly.

    22nd an owners ' Committee elected by the general meeting.

    Date of the owners ' Committee shall be elected in the 30th, following electoral information property location County city people's Government real estate administrative departments and neighborhood offices, Township people's Government for the record:

    (A) a general meeting issued by the Organizing Committee of an owners ' meeting was established and the owners ' Committee report on the elections;

    (B) resolutions of the General Assembly;

    (C) the management and owners of the Statute to the General Assembly's rules of procedure;
(D) the list of members of the owners.

    After elections to the owners ' Committee filed within 7th Street and township Governments informed of the locations of the properties of the community neighborhood Committee in writing.

    The preceding paragraph (b), (c), (d), one of the content changes, should be separate from the 30th of the record.

    Article 23rd an owners ' Committee is accountable to the general meeting and report on their work, supervised by the owners, owners.

    Owners ' committees should be based on the Charter on behalf of the owner, the owner shall perform the duties of the General Assembly, according to owners ' provisions of the rules of procedure of the General Assembly for convening owners ' meetings.

    24th members of the owners ' Committee elected from the all the owners, but does not perform a general meeting resolution, violation of the DMC's owners, not as a member of the owners ' Committee candidates.

    Elections of the members of the owners ' Committee, the number, composition, qualifications, terms and other matters prescribed by the owner's rules of procedure of the General Assembly.

    Any of the following circumstances, membership of the owners ' Committee to terminate:

    (A) the expiration of term or resignation in writing;

    (B) changes in ownership of housing, is no longer the owner;

    (C) loss of legal incapacity or restricted in his personal liberty by law;

    (D) the owners other circumstances as prescribed by the rules of procedure of the General Assembly.

    Membership of the owners ' Committee is terminated, shall from the date of termination of the 3rd will be kept by the archives, seals and other property handed over to the owners ' Committee who refuses to surrender, subdistrict offices, Township people's Government shall order the transfer of property where public security organs shall assist in the transition.

    25th General meeting should be convened on a regular basis in accordance with owners of the rules of procedure of the General Assembly.

    Any of the following circumstances shall promptly convene a provisional meeting of the General Assembly:

    (A) proposal by the owners of the owner or 20% of the above decision of the Commission;

    (B) a major accident or emergency events need to be processed in a timely manner;

    (C) the owners rules management convene ad hoc meetings of the General Assembly under the statute or other circumstances.

    Owner does not discharge the responsibilities of organizations to convene the general meeting of the Commission, counties real estate administrative departments of the people's Governments shall order the 30th held fails to organize, residents ' committees which the property is located in the subdistrict offices, under the guidance and supervision of the Township people's Government, organized in the 30th.

    Article 26th convening the general meeting shall be the meeting prior to 15th, meeting times, locations, issues and agendas written notice to all the owners, and in the public bar of the Realty Management area and other prominent position announcement.

    The general meeting can take the form of group discussions or written comment forms.

    General meeting written comments and feedback of results should be within the Realty Management area in the 30th over of publicity and inform the owners have the right to access to relevant information. 27th meeting of owners have agreed on how owners the right to vote, their agreement shall prevail.

    No agreement, calculated according to the number of owner households, calculated as 1; units of unsold properties exclusive part, calculated as 1. An owner may entrust an agent to participate in the general meeting 28th article.

    Owners concerned to appoint agents to participate in the general meeting, shall issue a written power of Attorney, clearly delegated authority, term, and content.

    Owners based on the buildings, units or floor unit, the selection owner's representative participating in the general meeting.

    Owners shall, on behalf of the general meeting held prior to 15th General meeting matters to be addressed in writing to seek their views on behalf of the owner need to vote, after the vote shall be signed by the owner, principal owner representatives vote in the general meeting.

    The fourth chapter of property management services

    Property service enterprises shall, in accordance with provisions of article 29th level of qualification to undertake property management services.

    Article 30th property service enterprises shall provide the locations of the properties of the counties or municipal people's Government real estate administrative departments, regularly submit credit, statistics and other relevant information.

    Real estate administrative departments of the people's Governments above the county level shall strengthen service quality supervision and management of the property service enterprises, establish property services companies, registered Certified Property Manager and project manager's credit record, promote the property management sector to improve service levels.

    Article 31st Congress has selected property service enterprises shall have legal personality and the corresponding level of qualifications, and provide services in accordance with provisions of the service contract. Article 32nd property management services project manager system.

    Chief of property management services for the project managers.

    Property management services project manager system of specific measures by the provincial housing and urban-rural development in accordance with relevant regulations of the State shall be separately formulated by the Administrative Department.

    Article 33rd engaged in property management services shall, in accordance with the relevant stipulations of the vocational qualification certificate.

    Property service enterprises shall be selected in accordance with the relevant provisions of property management services, strengthened supervision on property management services staff training and duties.

    Article 34th meeting of owners decided to hire property management service, the owners ' Committee and selection of real estate service firms signing the Realty service contract.

    Property services contract of the following shall be submitted to the general meeting vote, but owners ' mandated by the General Assembly the decision except where:

    (A) property management services;

    (B) property service and service fees;

    (C) order maintenance within the Realty Management area;

    (D) the duration of contracts;

    (E) for breach of contract.

    35th property services include the following:

    (A) the common parts, common use of facilities and equipment, management and maintenance;

    (B) the property management and maintenance of public greening and environmental health of the region;

    (C) parking management;

    (D) within the Realty Management area of fire, safety and emergency relief assistance and protection;

    (E) prohibiting acts within the Realty Management area to inform, to discourage, reporting and other obligations;

    (Vi) property maintenance, updating, adaptation and development of conservation programmes and cost accounting management;

    (VII) property service files and property files storage;

    (H) the owners ' Assembly and the delegates of other property services.

    36th Realty service fees shall be in accordance with the State Council, provincial and municipal people's Governments in charge of price established by the authorities and the real estate administrative departments charging property services stipulated in the contract.

    Formulation and modification of the property service charges, should listen to public opinions.

    Owner shall be in accordance with the stipulations of the Realty service contract payment of service fees.

    37th property services property services enterprise shall from the date of signing of the contract in the 15th to submit property services property services contract local counties or municipal real estate administrative departments of the people's Government for the record. Article 38th Realty service contract before the expiration of 3 months, owners ' Committee should convene such a meeting, decided to continue to employ, or selecting new property service enterprises.

    Owners the owners ' Committee shall be decided by the General Assembly in writing inform the Realty service enterprise. General Meeting decided to continue to employ, the owners ' Committee shall, on the expiry of the Realty service contract until 30th and property services property services contract renewal.

    Owners decided to select a new property service enterprises, the original property management service should be 15th of the Realty service contract is terminated within the Realty Management area, and with the new selection of property services companies handing over procedures.

    Realty management company decided not to renew the service contract should be in property service contract before the expiry of 3 months notify the owners ' Committee; without the owners ' Committee shall be 3 months before the expiry of the contract within the Realty Management area in publicity, property services and shall inform the local subdistrict offices, Township people's Government. 39th Realty service contract expires, the owners without the appointment or renewal decision, Realty management company continues to provide service in accordance with the original contract, the original continuation of rights and obligations of the contract.

    Continuation of rights and obligations of the contract period, the contract party to terminate the contract, and shall inform the other party 3 months in advance.

    40th property services contract period expires or is terminated according to law, the original property services companies to withdraw from the Realty Management area, to the owners ' Committee shall transfer the following matters:

    (A) transfer of property to undertake inspection and operation management, maintenance, maintenance data;

    (B) surrender of the common parts of the property;

    (C) settlement-related costs;

    (D) other matters stipulated by laws, rules and regulations.

    Original service enterprises are allowed to landlords or to hand Realty service fees, on the owner disagrees with the decision to refuse handing over together. 41st joint meeting of establishing and perfecting the management system.

    Have one of the following, can be convened by the subdistrict offices, Township people's Government property management joint counties, where the property real estate administrative departments of the people's Governments and relevant departments, community residents, owners ' committees and representatives of relevant property services consultation address:

    (A) the owners ' Committee does not perform its duties;

    (B) General of the Commission;

    (C) to fulfil the major controversies of the Realty service contract;

    (D) transfer of property service enterprises to change;

    (E) other matters need to solve property management.

    Real estate administrative departments of the people's Governments above the county level shall establish a complaints property management system and deal with property owners, owners ' committees and used people and property services company in the Realty management activities in the complaint.

    General meeting of owners, owners ' committees shall be subject to the property management Department and the guidance and supervision of community neighborhood Committee, implementation of autonomous management duties according to law, and coordinate the relevant departments, community neighborhood Committee should work together to maintain social order within the Realty Management area and other related work.
Usage and maintenance of the fifth chapter property

    42nd article within the Realty Management area, in accordance with the planning and construction of the houses, the common parts, common facilities and ancillary buildings shall not change the use.

    Really necessary to change due to special circumstances, should be in accordance with the laws, rules, regulations, and administrative provisions of the Statute, agreed by the owners and the owners have a stake, and according to relevant procedures.

    Article 43rd transferred or leased property such as houses, garages, parking spaces, management Statute, should be property services contracts, relating to matters such as fees paid to inform the assignee or the lessee, and from the date of contract for the sale or lease contract in the 15th, informed of the matters related to transfer or lease the property service enterprises.

    Before the transfer of property such as houses, garages, parking spaces, and property services companies, specialized units to settle related charges.

    44th units should be in accordance with national and provincial regulations and warranty coverage the warranty, assume the warranty responsibility of property.

    Unit signed a contract with property management service, engaged to corporate property services property maintenance-related matters, and to property services companies pay the corresponding remuneration.

    Article 45th establish and perfect real estate special maintenance fund system, implementation of the common parts, common facilities and equipment after expiration of the warranty repairs and renovation and transformation.

    Property deposit, use of special maintenance funds should be segregated storage, earmarks, and the specific measures formulated by the municipal people's Government in accordance with the relevant provisions of the State. Article 46th landlords, property management companies, property users, as well as other entities and individuals should take care of the common areas and common facilities.

    The common areas and common facilities damaged, property services enterprise shall promptly notify the Professional operation of the unit for maintenance and updates.

    The common parts, common facilities and equipment maintenance, property management companies, owners and property users shall cooperate.

    The sixth chapter supplementary articles

    47th owners to manage properties, reference to the relevant provisions of the measures. 48th article of the rules implemented on January 1, 2013.