Hefei City Property Management Regulations

Original Language Title: 合肥市物业管理若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369209.shtml

Hefei city property management regulations

    (November 14, 2011 Executive meeting of the people's Government of Hefei city, the 90th through December 8, 2011 159th promulgated by the people's Government of Hefei city as of February 1, 2012) Chapter I General provisions

    First in order to standardize property management activities, protect legal rights of owners and property services company, according to the People's Republic of China property law, Department of State property management regulations of Anhui Province, and the property management regulations and other laws and regulations, combined with the city's actual, these provisions are formulated. 

    Provisions of this article apply to property management activities and supervision within the administrative area of the city.

Third, property management, real estate administrative departments are responsible for the supervision and administration of activities; the County (City) and District real estate administrative departments (including development zone management committee determines Agency) is responsible for the supervision and administration of property management activities in the region.

    Planning, construction, urban management, defense, environmental protection, public security, justice, industry and commerce, price, district administrative authorities in accordance with their respective responsibilities, such as the implementation of these provisions.

Fourth article subdistrict offices, and township government in County (City), and District real estate administrative competent sector guide Xia, is responsible for organization coordination this regional within owners Assembly established and owners Committee general work, coordination property management and community management, and community service of relationship, mediation owners, and owners Committee and property service enterprise Zhijian of property management disputes; which, involved major disputes of, by city, and County (City), and District real estate administrative competent sector is responsible for mediation.

Subdistrict offices, Township people's Governments should establish a sound work mechanism on periodic processing of the property management; involving more than ten of them join requires a coordinated solution on problems of property management, neighborhood offices, Township people's Governments shall be promptly disposed of.

    Residents ' and villagers ' Committee shall assist the neighborhood offices, Township people's Governments and property management related work.

Article fifth counties (cities) and area real estate administrative departments should be convened in conjunction with the neighborhood offices, Township people's Government authorities and owners or the owners ' representatives to participate in the joint meeting of the management of the Commission, coordinate the following:

(A) the owners ' Committee failing to perform their duties;

(B) not legally change the owners ' Committee;

(C) the Realty service enterprise fails to eject and handing over procedures;

(D) property management and services in the process of major contradictions and disputes;

    (E) other matters require coordination.

    Sixth city, County (City) and area real estate administrative departments should strengthen the construction of management information system, establishment of a property management information platform.

    Article seventh City real estate administrative departments should strengthen communication links with the people's Court, to help improve the management mechanism of dispute proceedings.

    Chapter II owners, owners and owners ' Committee

Article eighth human owners of housing ownership.

Already receiving house ownership, housing records on human owners of home ownership; housing management authority in the registration yet, but based on construction, sale, gift, expropriation and compensation, who has lawful possession of the premises, in the Realty management activities can be identified as the owner.

    Owners of the common parts of the property enjoy rights and bear obligations, not to give up the rights which do not fulfil their obligations.

Article meets the conditions for convening of the general meeting for the first time the Realty Management area, the construction unit shall inform in writing within the 30th of County (City) real estate administrative departments, district and subdistrict offices, Township people's Government, and announcement within the Realty Management area.

    Meet the conditions for convening of the general meeting for the first time, the County (City) real estate administrative departments, district or sub-district offices, Township people's Government shall on receipt of the preparations for the general meeting upon written request within 45 days, first general meeting is responsible for organizing, directing the establishment of the preparatory group. 

Tenth General meeting head of the preparatory group for the first time by subdistrict offices, Township people's Government designated officers; preparatory group in the formation of the employer representative, organized by the neighborhood offices, Township people's Government owners recommend. Preparatory Group since its inception in the 15th, its membership and duties within the Realty Management area bulletin.

Owner disagrees with the members of the Organizing Committee, coordinated by the subdistrict offices, Township people's Government to solve. 

    Employer and the prophase Realty service enterprise shall cooperate with and assist the preparatory work.

    11th general meeting should be developed for the first time management rules and the owners ' rules of procedure of the General Assembly, elected an owners ' Committee, approve the owners ' Committee work rules.

    12th General Meeting Committee organized by the employer, and subdistrict offices, Township people's Government and residents ' and villagers ' committees should be invited to participate.

13th General meeting owners of not voting the voting weights can be credited to the vote of the majority of votes from management, interim management rules of the statute or the owners ' rules of procedure of the General Assembly.

    General meeting voting-related information should be properly kept.

Article 14th General singular members from five to 11 people, for three-year terms and are eligible for re-election, the specific number, term of office determined by the owners ' rules of procedure of the General Assembly.

Members of the owners ' Committee and other candidates through groups of owners, owners cover recommended way.

Owner, Deputy Director of the members of the Committee elected.

    Owners when electing the members of the owners ' Committee, the General Assembly, in accordance with the owners for both the election of alternate members of the owners ' Committee on rules of procedure of the General Assembly.

    15th after an owners ' Committee in accordance with the relevant provisions of the filing formalities, shall be the general meeting's decisions, management, owners of the Statute to the General Assembly rules of procedure and list of members of the owners ' Committee material within the Realty Management area, such as notice and record holders prove that apply to the public security organ engraved seal of the owners ' Committee.

16th duties stipulated by laws and regulations, the owners ' Committee shall perform the following duties:

(A) to organize and supervise the collection and the use of special maintenance fund;

(B) to monitor total management owners benefits;

(C) mediation between owners of their properties, use, maintenance and management of disputes;

(D) urge owners to pay property fees and other related expenses;

    (E) the general meeting of owners for other duties.

Article 17th Committee shall not be any of the following acts:

(A) accept the Realty service enterprise or property management provided by interested persons interests or property;

(B) taking on the regional property services property management enterprise business;

    (C) accepts other interests that may interfere with the impartial discharge of their functions.

18th members of the owners ' Committee eligibility is terminated, recommendations or replacement in accordance with owners of the rules of procedure of the General Assembly.

    Members of the owners ' Committee is changed, shall go through the formalities and announcement within the Realty Management area in a timely manner.

Article 19th Commission before the expiry of the term of 60 days, of holding the general meeting of the owners ' Committee shall organize general elections.

Owners failed to organize a general election by the Commission within the prescribed time, neighborhood offices, Township people's Government shall order the election deadline organization; overdue organizations, organized by the neighborhood offices, Township people's Government meeting of the owners to convene an owners ' meeting to a general election.

    Original members of the owners ' Committee without good reason delayed in organization nor stop the general election, from the list of candidates for a new Member of the owners ' Committee.

    20th article owners Committee not according to owners Assembly rules of procedure of the rules of provides Organization held owners Assembly regularly Conference, or occurred should held owners Assembly temporary Conference of situation, owners Committee not perform Organization held Conference duties of, County (City), and District real estate administrative competent sector or subdistrict offices, and township government should ordered owners Committee deadline held; late still not held of, can by neighborhood, and village Committee in subdistrict offices, and township government of guide and supervision Xia Organization held.

    Article 21st the owners ' Committee eligibility terminates or after expiry of the term of the owners ' Committee refused to surrender the custody of archives, seals or other belongs to all owners of all property, owners of other Committee members, and the new owners may request the public security organ to facilitate the transfer of the Commission.

    22nd due to causes such as changes in property management areas of owners or the owners ' Committee is dissolved, disbanded the former, owners, owners ' committees of the General Assembly should be in the subdistrict offices, under the guidance and supervision of the Township people's Government, liquidation of property owners. Article 23rd using the common parts, common facilities and equipment for operational activities, should be with the consent of the relevant owners, owners, property management companies and a written consent, in accordance with the provisions of the relevant procedures.

Owners subsidies for 30% of proceeds property management public service charges, 70% into the special maintenance fund, it can also be used as decided by the general meeting.

    The owners ' Committee shall keep pursuant to the provisions of the income and expenditure account and accept the subdistrict office, Township people's Government supervision upon the General Meeting decided, subdistrict offices, Township people's Government may be entrusted to manage.

    Chapter III stage property management

24th construction units should be in front of the property for sale by way of bidding selection property service enterprises with appropriate qualification stage property management; less than three bidders or construction area of 50,000 square metres of residential property, building area of 20,000 square metres of non-residential property, counties (cities), area real estate administrative departments, selection by agreement with the corresponding qualification of property services companies.

    Counties (cities) and area real estate administrative departments approved selection by agreement shall be property services companies, real estate administrative departments.

    25th article owner, real estate administrative departments, reference should be made to develop the prophase Realty service contract demonstration text sign written with the selection of the prophase Realty service enterprise prophase Realty service contract, and reported in the 15th after the signing of County (City) real estate administrative departments, district and subdistrict offices, Township people's Government for the record.

26th the prophase Realty service enterprise shall, in accordance with the bid price or price agreement the prophase Realty service fee charged.
Units when selling property, Realty service fees shall not be pledged relief.

    27th the prophase Realty service contract, the construction unit and the prophase Realty service real estate enterprises to undertake the identification procedures, the construction unit shall provide the following properties files and the transfer of the prophase Realty service enterprise Street, Township people's Government for the record.

(A) property management area general plan of construction project planning and completion general layout plan, single buildings and structures, equipment completion drawings, and supporting facilities and underground pipelines drawings, final acceptance certificates and other information.

(B) water, electricity, gas, cable TV, telecommunications and other contracts (agreements), fire certificate, Elevator permit card, mechanical and electrical equipment factory certification and warranty cards, warranty agreements, installation, use and maintenance of shared facilities and equipment maintenance (including catch basin facilities, testing report and quality certificates) and so on.

(C) the property quality warranty documents and property description file.

(D) other information necessary for property management, including registration information about the ownership of housing, engineering acceptance of visa, records, show that landlords and housing area inventory.

Failed to transfer all information specified in the preceding paragraph, detailed listing of information and the transfer of units not listed should be a written promise to pay a specific time frame.

    The prophase Realty service enterprise shall, upon termination of the prophase Realty service contract, property services, property files handed over to the owners ' Committee.

28th the prophase Realty service enterprise to undertake new property projects, in real estate to undertake the identification procedures, the following should be the common parts, common facilities and equipment for inspection, found the problem shall inform the employer in writing, the construction unit shall timely rectification.

(A) the common parts of the property: General, building foundations, bearing walls, columns, beams, floors, roofs and facades, hallways, stairwells, hallways, corridors, handrails, guardrails, Elevator shafts, overhead, and equipment;

(B) equipment for use in the common: typically include lifts, water pumps, water tanks, lightning proof facilities, generators, power equipment, water supply and drainage pipes, electrical wiring, heating and air conditioning equipment;

(C) the shared facilities of the property: includes roads, green fields, artificial landscapes, fences, gates, post-office boxes, billboards, street lights, sewers, drains, ponds, wells, septic tanks, garbage containers, sewage treatment facilities, parking facilities, education and recreational facilities, fire-fighting facilities, monitoring facilities, air defense facilities and refuse transfer facilities;

(D) housing and other sharing real estate property services facilities and equipment.

    The prophase Realty service enterprise identification in writing should be submitted to the County (City) real estate administrative departments, district and subdistrict offices, Township people's Government for the record.

29th early termination of the prophase Realty service contract, the dissolution shall be upon the party to the contract intended to terminate the contract before 90 days notify the other party to the contract, the construction unit shall promptly select property management service of not less than the original qualification, original property services property services and standards in accordance with the standards stipulated in the contract.

    Units in the prophase Realty service enterprise shall ascertain the prophase Realty service enterprise will be replaced in the 10th after properties buyer's situation communicated in writing, and notify the County (City) and District real estate administrative departments, neighborhood offices, Township people's Government and the neighborhood committees and village committees.

    Article 30th when the registered owner at the housing prices, should be in accordance with the planning requirements supporting the construction of garages, parking spaces, clubs, whether it be clearly accounted for in the cost of sales of commercial housing, and express it at the time of sale.

    31st have not acquired the construction project planning permit (original) construction projects may not be delivered, real estate administrative departments no house registration.

    32nd construction units should be property services and common facilities independent of water supply, power supply and other measuring instruments.

Article 33rd units shall in accordance with State regulations of warranty period and scope assume the warranty responsibility of property.

Unit commissioned the prophase Realty service enterprise cover warranty work, shall sign an agency contract.

    The prophase Realty service enterprise should assist owners or owners Committee Liaison Unit to implement the warranty liability.

    The fourth chapter of property management services Article 34th property services before the contract is signed, the owners ' Committee shall be entered into by the Realty service contract within the Realty Management area in publicity, owners ' views can be fully heard, and then submitted to the general meeting of the owners.

Realty service contract needs to change, and change content owners ' Committee shall be within the Realty Management area in publicity and in accordance with the contract owner the procedure established by the General Assembly to confirm.

Announcement time prescribed in the preceding paragraph shall not be less than the 10th. , Real estate owners ' Committee shall be referred to the competent administrative departments of the Realty service contract model and selection of real estate service companies signed a written property services contract.

When signing the contract, and shall issue an owners ' meeting appointment or reappointment property management service decisions and legal proof that the owners ' Committee.

    Realty management company shall from the date of signing of the contract in the 15th, the Realty service contract County (City) real estate administrative departments, district and subdistrict offices, Township people's Government for the record.

35th Realty service enterprise should be clearly marked, service content, service standards and fees, fees related to prominent positions in property management area public.

    Realty management company can delegate owners provide services outside of the Realty service contract, service paid by both parties to determine. Article 36th property services property services enterprises shall, in accordance with the contractual agreement and the related provision of property services.

Not complying with the agreement or the provision of, owners have the right to require the property services companies and to the County (City) real estate administrative departments, district or sub-district offices, Township people's Government complaints counties (cities) and districts real estate administrative departments or sub-district offices, Township people's Governments shall be dealt with in a timely manner. Owners shall pay service fees in full and on time.

    Is not paid on time and in full, property services company can not pay the owners within the Realty Management area list and the arrearage situation be publicized reminders.

    37th early termination of the Realty service contract, proposed the termination of the contract party shall to be termination of the contract before 90 days notify the other party to the contract, notice in the within the Realty Management area and notify the counties (cities), area real estate administrative departments, neighborhood offices, Township people's Government and the neighborhood committees and village committees.

Article 38th Realty service contract both parties not to renew the expiration or early termination of the contract, expiration or early termination of the contract before the deadline on 30th General meeting still was not selected to the new property service enterprises shall, in accordance with the following procedure to implement property service transition:

(A) the property owners ' Committee or service enterprises shall be notified in writing within two days the County (City) real estate administrative departments, district and subdistrict offices, Township people's Government.

(Ii) in subdistrict offices, Township people's Government receives owners ' committees or property services companies after writing in the 5th, and shall, together with the counties (cities), real estate administrative departments, neighbourhood or village Committee on issues such as employment of new property service enterprises the estates Committee, representatives of the owners and property management companies, and continues to manage the services coordinate communication work.

(Iii) in subdistrict offices, Township people's Governments, neighbourhood or village Committee should actively assist owners in Congress has selected the new property service enterprises, guiding them to the Committee and new real estate service firms signing the Realty service contract; the County (City) and area real estate administrative departments shall take the initiative to provide information and assist in selecting work. Property service enterprise exit property service Shi, owners Assembly still failed to selection to new property service enterprise of, subdistrict offices, and township government should will about situation written told County (City), and District real estate administrative competent sector, from City real estate administrative competent sector provides of emergency property service enterprise list in the specified qualification conditions match, and credit records and performance better of property service enterprise organization do cleaning cleaning, and garbage removal, and security defend and green maintenance, basic service work,

    And continue to urge or organization to convene the General Assembly selects the property service enterprises. 

    39th Realty service contract expires, the owners without the appointment or renewal decision, the original property services companies ' voluntary according to the original property services contracts continue to provide services, property services contract shall be automatically extended to a general meeting for appointment or renewal decision.

40th property services after the rescission or termination of contract, property services companies should work with the owners in accordance with laws and regulations and the contract, carry out the following transfer of obligations:

(A) transfer of materials under this article 27th;

(B) property services formed during the transfer of facilities, equipment, maintenance, operation, and maintenance of materials and property services file;

(C) property services and the common parts, common facilities and equipment;

(D) the transfer of costs related to the liquidation of advances, collecting and related account books, vouchers;

(E) withdrawal of staff within the Realty Management area;

(Vi) other matters stipulated by laws and regulations shall be handed over to the.

    Property management service are not handing over procedures, are not allowed to exit Realty Management area, to stop property service.

    Use and maintenance of the fifth chapter property

41st within the Realty Management area of a motor vehicle, parking should be giving priority to meet the parking needs of the area property owners, occupiers, units or individuals shall not be sold to owners other than owner or property that users require, the construction unit shall not be refused for sale will not rent.

After the meet the needs of landlords of the region, motor vehicle, parking spaces can be rented to units or individuals other than the owner of the region; rental programmes should in the public notice at least 7th within the Realty Management area, period of not more than three months.

    Motor vehicles other than the owners, parking spaces shall comply with the Statute's provisions on parking management.

42nd within the Realty Management area has been the planning and construction of motor vehicles, owners of spaces to meet the parking demand, nor a new motor vehicle.
Motor vehicles, lack of space when the Realty Management area that requires the owners of roads or other places to park motor vehicles shall ensure that fire exits and access.

Property management area has been set up an owners ' meeting, motor vehicle owners delimit programme and management matters related decision of the General Assembly, property management service organization; has not yet been established owners of property management had been implemented, managed by the prophase Realty service enterprise pursuant to a provisional organization after consultation with the owners of the Statute; implementation of property management, neighbourhood or village Committee delimit after consultation with the owners.

Delimit motor vehicle involved a change of public space or need to go through the relevant formalities for examination and approval should be in accordance with the law.  

    Planning, fire protection, public security traffic administrative departments should strengthen the property management areas such as motor vehicle application guide.

Article 43rd within the Realty Management area owners or users of motor vehicles motor vehicle shall be at the library, parking in the direction specified by the road along the line or orderly parking.

    Property service enterprises shall strengthen the management of visiting vehicles and guides. 

44th owner or property using the property, shall abide by the laws and regulations, management the provisions of the Statute and decisions of the general meeting of owners, owners ' committees and shall not harm the public interests and the legitimate rights and interests of others.

    Within the Realty Management area damage public interests or the legitimate rights and interests of others when other owners, owners ' committees, property management company has the right to discourage, deter and complaints stop invalid, property management companies, owners ' Committee shall promptly report to the competent administrative authorities and relevant competent administrative departments shall stop or deal with.

45th owner or used in decoration projects before construction of property, shall take the relevant information to the Realty service enterprise registration; Realty management company shall inform the owner or time of use decoration allows construction of property, waste removal residential facades and disposal measures and methods, facilities and security facilities of safety and installation considerations.

    Owner or property who refuses to register or dismantles bearing structure, changes the nature of housing, property management service should be stopped in time, report to the relevant administrative departments, and is entitled to under statute or interim management provisions of the statute prohibiting decoration and construction personnel to enter the Realty Management area.

Article 46th owners sell or rent a property, the management should be statutes, 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, will inform owners of Committee on the sale or letting and property management services company.

    Transfer of property, the settlement of Realty service fees shall be in accordance with the regulations, registration authorities shall examine the owner property service charges to pay.

    The sixth chapter legal liability

    47th in violation of the provisions set forth in 25th and 34th, construction and property management service is not in accordance with the provisions of the prophase Realty service contract, property management contract, real estate administrative departments by a rectification; fails, fined 500 Yuan more than 1000 Yuan fine.

    48th in violation of the provisions of article 27th unit failing to transfer relevant information to prophase Realty service enterprise, real estate administrative departments by a rectification; it fails to be informed, fined 10,000 yuan and 100,000 yuan fine.

    49th in violation of the provisions of article 28th, Realty Management Enterprise without identification or identification is not submitted for the record, real estate administrative departments by a rectification; fails to make corrections, and fined 1000 Yuan fine.

    Violation of the provisions of article 35th of 50th article, property services companies within the Realty Management area public service content, service standards, fees and charges and other items, the price authorities shall order rectification fails, can be fined a maximum of up to 1000 Yuan and 5,000 yuan.

    51st in violation of paragraph one of this article 40th fifth provision, property services property services personnel of the enterprise is not withdrawn within the Realty Management area, real estate administrative departments by a rectification; fails, fined 10,000 yuan and 30,000 yuan fine, and to reduce or cancel its qualifications.

    40th 52nd in violation of the provisions of article property services exit Realty Management area, stop the service without authorization, real estate administrative departments by a rectification; fails to make corrections, the Department of real estate administration fined fined 50,000 yuan and 100,000 yuan, recorded in the credit record and to reduce or cancel its qualifications.

    41st 53rd in violation of the provisions of the first paragraph, owners or property that users require motor vehicle pool, parking, the construction unit to only hire from denying, real estate administrative departments by a rectification; fails to make corrections, and fined 1000 Yuan fine. 54th article violation this provides 43rd article provides, motor vehicle all or using people not according to provides Park mobile vehicles of, property service enterprise should timely be discourage; motor vehicle all or using people not listening to discourage of, property service enterprise should be video and invited owners Committee members or two name above owners representative scene, reported County (City), and District real estate administrative competent sector law investigation; involved occupied fire channel or damaged City Green and the facilities plot serious of, by police organ fire institutions, and

    City authorities to investigate and punish.

    55th in violation of the provisions set forth in 44th, 45th, and Realty service enterprise fails to fulfil to dissuade or reporting obligations, by County (City) and District real estate administrative departments shall be ordered to correct, be warned, fined 500 Yuan more than 1000 Yuan fine.

    56th real estate administrative departments may delegate authorities exercise the right of punishment according to law.

    57th meeting of owners, owners ' committees making decisions in violation of the law, statutes, regulations, and subdistrict offices, Township people's Governments shall be ordered to correct or reverse its decision and notify all owners.

    The seventh chapter by-laws

    Article 58th City real estate administrative departments shall develop interim management rules, management, owners of the Statute to the General Assembly rules of procedure, the prophase Realty service contract, service contract, property following acceptance form model. 59th article of the regulations come into force on February 1, 2012.