Jilin City Property Management Regulations Implement Rules

Original Language Title: 吉林市物业管理条例实施细则

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367191.shtml

Jilin city property management regulations implement rules

    (September 22, 2011 at the people's Government of Jilin city, the 14th 62 Executive meeting September 28, 2011 people's Government of Jilin announced order No. 223, come into force on November 15, 2011) in Jilin city, first for the implementation of the building management Ordinance (hereinafter referred to as the regulations), combined with the city's actual, these rules are formulated.

    Second urban and rural construction, urban and rural planning, municipal utilities, public safety, environmental protection, urban Administration Department in accordance with the Ordinance section fifth and city and County (City), the relevant regulations of the people's Government, and perform related duties of property management activities.

    Article III general meeting organizing Committee member for the first time in the representation of owners, shall not be less than the total number of members of the Organizing Committee of the one-second.

    Organizing Committee member shall not be as a candidate for Member of the owners ' Committee.

    Not fulfil obligations, outstanding property service charges the owner of owners, not as a candidate for Member of the owners ' Committee.

    Fourth convening the general meeting or to vote shall be made in written form would seek comments materials serve every owner; could not be delivered, shall be announced within the Realty Management area.

    Where to vote, vote shall be signed personally by the owners.

    Article fifth according to the owners of the rules of procedure of the General Assembly regulations or more than one-third members of the owners ' Committee proposed, shall convene a Committee meeting on 3rd.

    The owners ' Committee Directors, Deputy Directors without justification within the stipulated time to convene a meeting, the locations of the properties Street (Township and town people's Governments) can specify other members to convene a meeting of the owners ' Committee.

    Sixth article owners Committee not perform held owners Assembly regularly Conference, and temporary conference duties or not organization owners on a a management matters for vote of, property location subdistrict offices (Xiang, and town government) can ordered owners Committee deadline held Conference or vote; late not held Conference or not vote of, property location of community neighborhood can in subdistrict offices (Xiang, and town government) Guide supervision Xia, organization held Conference or organization vote.

    Article seventh Committee elected by the general meeting of owners could not be owners, or owners less than 50% of the total number of the members of the Committee, if it cannot perform their duties according to law, community resident committees, where the property in the street (Township and town people's Governments) under the guidance and supervision, took the responsibilities of the owners ' Committee.

    After the establishment of the owners ' Committee, community neighborhood Committee took the responsibilities of the owners ' Committee end. Of the eighth meeting of the owners ' Committee decisions and resolutions of the general meeting, the owners vote together, implement filing system.

    Before the owners ' Committee should be made public in the decision or resolution, decisions, resolutions, the owners ' Committee meeting, held the general meeting and other information to the locations of the properties Street (Township and town people's Governments) record. Street (Township and town people's Governments) should be the owners ' Committee Conference decisions, the general meeting resolution form and review the results.

    Owners ' committees and owners Conference program or decides to violate the provisions of relevant laws and regulations, street (Township and town people's Governments) can be ordered to rectify, it fails, street (Township and town people's Governments) the revocation of the decision or resolution, and published within the Realty Management area. Nineth community neighborhood Committee shall establish a joint meeting of the management system, convening a joint meeting of the management of each quarter.

    Joint meeting of the owners ' Committee composition, property management companies, police station, and can invite neighborhood offices (Township and town people's Governments) represented.

    Article property service company qualification certificate, before engaging in the Realty management activities.

    Property service enterprises shall be subject to the municipal or County (City), the Administrative Department of property management and day-to-day supervision and inspection on a regular basis.

    Regular supervision and inspection once every 3 years, periodic monitoring shall be recorded on the check results in a copy of the certificate of qualification.

    11th city property management property services issued by the administrative departments of enterprise qualification certificate is valid for 3 years.

    Realty service enterprise shall, within the 30th day before the expiry of the certificate of qualification, qualification or bear the approval of the competent departments of the original functions of the Department, applications approved or renewed certificate.

    12th property services companies to hire property management professionals must obtain a professional qualification certificate and accepting city, County (City), the Administrative Department of property management supervision and inspection.

    Professional credentials may not be altered, leased, lent or transferred. City, County (City) property management property management professionals should be established by the Administrative Department books. Obtained the professional qualification certificates of property management professionals must work in a Realty management company engaged in property management.

    Adjustment of property management professionals, and shall be marked in books in a timely manner.

    Property management professionals refer to enterprises managers, Department managers, project managers and other managers, not including engineers and accountants.

    13th property services companies after obtaining the qualification certificate shall not be any of the following acts:

    (A) property management professionals are not up to property service companies number prescribed by the appropriate level of qualification;

    (B) employment without obtaining the professional qualification certificate in property management personnel;

    (C) rent, lend, transfer certificates;

    (D) is not in accordance with the provisions of quality change procedures;

    (E) provide false qualification information.

    14th the Realty service enterprise in the Realty management activities shall not be any of the following acts:

    (A) divert, use and appropriation of property special maintenance fund;

    (B) the fees charged property services, no invoice to the owner;

    (C) indiscriminate collection, multiple property services;

    (D) a full property management services in the areas of property management be entrusted to others, or from all other property service enterprises to undertake a regional property management property management business;

    (E) without changing the property services accommodation purposes;

    (Vi) unauthorized changes within the Realty Management area according to the planning and construction of public buildings and public facilities;

    (G) secondary occupation, mining, destruction, dismantling, moving, property management of common facilities in the region (including the property service enterprises during the period of performance of the contract, from the Realty service fees were charged to increase the sharing of facilities equipment and office equipment, etc);

    (H) the unauthorized use of property the common parts, common facilities for the business or allow others to operate;

    (I) property services contracts terminated or when the General Meeting decides to terminate the Realty service contract, refusing to withdraw from the service or does not transfer property services as well as other common facilities and relevant information;

    (10) in accordance with the prescribed procedures, the early withdrawal of property services project, or withdraw, service term is not returned to the owner of the Realty service fees;

    (11) some owner property service charges in arrears for the reduced service, service projects, reduce or stop property services property services standards;

    (12) the implementation of comprehensive property service, is not in accordance with the time limits to clear residual ice snow within the Realty Management area;

    (13) or other property management property management bidding bidders collude to unfair means to get the bid.

    15th city property management association can develop the Realty service enterprise credit rating procedures, regular property service enterprises credit rating and evaluation results to the public.

    16th Congress has selected owners, owners of property services companies, shall from the date of signing of the Realty service contract in the 30th, take the following information to the County (City), the administrative departments, property management:

    (A) the resolutions of general meeting employment service enterprises;

    (B) of the Realty service contract;

    (C) the real estate service business license;

    (D) the property service qualification certificate;

    (E) pay property deposit proof.

    Housing units of housing, property ownership, community residents ' Committee took the responsibility of owners ' Committee, select property service enterprises, in accordance with the provisions of the preceding paragraph.

    Article 17th out of property services property management activities in the city of enterprise, shall hold a business license, property management, and other related information to the administrative departments for the record and to accept supervision and inspection of the municipal and District Administrative Department of property management.

    18th Realty service enterprise should be in June each year, December was to be announced once the property income and expenses the cost of services, and 32nd in the implementation of the Ordinance stipulates obligations at the same time, organizational structure, services and standards, fees, repair services, telephone and other content within the Realty Management area in prominent positions or locations be publicized.

    19th construction unit should be according to the plan, construction of support within the Realty Management area infrastructure, public services and the sharing of facilities, equipment, and synchronized with the simultaneous construction, construction project delivery.

    Fire-fighting facilities planning, construction, management, inspection, supervision and inspection, in accordance with the People's Republic of China fire services implementation of the relevant provisions of the law.

    20th construction units to the County (City), the Administrative Department for property management certification of properties within the Realty Management area service when used, must provide real estate agency for surveying and mapping results.

    47th 21st according to the Ordinance provides that the implementation of integrated services, closed management of project management in a regional context, should be based on the project around the closed fence or building facades for the line.

    22nd reconstruction of shabby buildings, shanty project construction units, should be in accordance with the resettlement area of 1% but at not less than 50 square meters of standard business rooms.

    Operates using the property owned by the Government, by County (City), the Administrative Department of property management in escrow, principal-property services business, with proceeds used to compensate for the Realty service fees shortfall. Units must be provided in accordance with the provisions of operation rooms.
Not in accordance with the provisions of the first paragraph of this article shall complement the operating room area, or equivalent in pay and should complement the business floor space of House (the House to deliver housing market price on the date of acceptance of the property).

    23rd construction projects when you meet the following conditions, the construction units and property services company property inspection should be carried out to receive:

    (A) the construction project has been completed, and the construction engineering quality supervision institutions record;

    (B) planning, supporting all types of facilities and equipment have all been implemented, qualified acceptance, properly used, confirmed by the relevant units, and transfer procedures;

    (C) the new construction in accordance with the plan called for the phased construction, built and delivered some of the security measures have been taken;

    (D) construction waste, garbage, construction equipment, and various types of temporary buildings cleared;

    (E) the unit selects the prophase Realty service enterprise in accordance with the relevant provisions, and has signed the prophase Realty service contract;

    (F) meets the required real estate service room, operating room;

    (VII) other conditions stipulated by laws, rules and regulations.

    City property management association property inspection should be established to receive specification, guidance units and property services companies do property inspection work.

    24th construction and properties services enterprises shall set up an inspection group, property inspection in accordance with the following provisions:

    (A) the identification of housing and facilities, make inspection records;

    (B) the construction problems discovered in the inspection should be written to the property services company promises to repair time, responsible departments, and repair to the standards; (C) after the acceptance, the construction unit shall transfer to the Realty service enterprise article 44th of the information specified in the regulations, and property services companies signed the agreement on property inspection to receive.

    The property inspection receiving agreement include the following:

    1, the project name, the identification of receiving content;

    2, housing and supporting facilities and equipment acceptance conditions and existing problems, solutions;

    3, involved in acceptance, acceptance of the time;

    4, other information on matters related to contract and transfer details.

    25th according to the 44th article of the Ordinance provides that construction and property services companies in the property received after project examination, shall be filed with the County (City), the Administrative Department of property management for real estate projects check check check the record.

    On failure to check check check the record of property projects, the unit or service enterprises may not check for the owners of the property.

    Commercial section 26th unit in the handle (selling) permission for sale, property maintenance, Jilin province should be based on the management of funds article sixth, in addition to full pay owners of special maintenance funds, should also be paid to the following three types of special maintenance fund:

    (A) the elevator housing, 30 yuan per square meter lift special maintenance fund;

    (B) the rules provided by article 22nd operating room of special maintenance fund;

    (C) property service rooms and other ancillary use of special maintenance funds.

    Owners do not take three kinds of special maintenance funds prescribed in the preceding paragraph.

    27th units collected pursuant to the provisions of special maintenance funds for property tax matters, in accordance with the internal revenue service [provisions in document 2004]69.

    28th property warranty, owner refuses to fulfill warranty obligations of owners, owners ' committees can write to the County (City), the Administrative Department of property management complaints, counties (cities), the property Administrative Department shall inform the employer in writing, covers the liability of limited duration. Unit fails to fulfill warranty obligations of owners, owners ' committees may initiate litigation to the people's Court according to law. Meanwhile, property management administrative departments should promptly of any employer not meet warranty obligations, in writing submitted to the municipal property management administrative departments.

    City, County (City) property management Administrative Department in accordance with 10% of the proportional deduction of employer property maintenance margin, and the deduction of property repair deposit properties of special maintenance funds account.

    Article 29th property project after the warranty expires, the construction unit shall take the following information to the County (City), the Administrative Department of property management real estate maintenance margin (principal and interest) return procedures.

    (A) the project completion inspection certificate;

    (B) the property maintenance margin deposit certificates;

    (C) the reduced maintenance margin and other information.

    The County (City), the Administrative Department for property management agreement, city and County (City) Administrative Department for property management to property maintenance deposit (principal and interest) returned to the project owner.

    30th housing units for sale or assume the rights and obligations of the unit shall, in accordance with the provisions of Ordinance section 53rd, perform ontology common parts, common facilities for housing maintenance responsibilities.

    Integrated services article 31st property projects, property service enterprises shall, in accordance with the regulations of article 58th property service costs or property service spending, special expenditures the common parts, common facilities operation, maintenance costs, annual spending limit may not be lower than the annual property services 20%.

    32nd project delivery record after using examination unit issued to the owner occupancy date of notification is deemed to property delivered the property buyer. After notification of the owners received a stay, you should check.

    Realty service fees from the date of check in starting that month; owner fails to check in within the notice period, property service charges from the date of notification by starting that month.

    Realty service fees shall be in accordance with the owner's property ownership certificate containing the collected.

    Article 33rd property service enterprises and construction of units between the date of signing the Realty service contract before delivery of the property the buyer of the property, Realty management company early intervention, property undertook the construction inspection, production information, property owners stay services such as room decoration costs, borne by the employer.

    Article 34th according to the 60th of the Ordinance provides that the Realty service fees when closing the handle ownership transfer procedures, the specific measures shall be formulated separately by the municipal administration of housing and real estate.

    35th 68th according to the regulations of article, sanitation Department shall not charge the Realty service enterprise owners have a garbage disposal costs.

    Article 36th construction waste such as garbage, can removal or written property services company cleaned up.

    Owners cleaned up should be subject to unified management of property services companies; written property management service removal, removal costs are covered by the two sides in accordance with the market price is determined in consultation.

    37th real estate service companies in the Realty management activities, provide services for owners use water, electricity, gas and heat cost price, in accordance with the relevant provisions of the implementation of the measures for the management of Jilin province. Article 38th property management service in violation of this rule tenth, 11th, 13th in the second paragraph (a), 14th (IX), (10), (11), (12), (13), 16th stipulation, by County (City), the Administrative Department of property management a rectification, fined and 30000 Yuan.

    It fails to mend, the Department of municipal property management administration cancellation of qualification or suggest authority cancellation of qualification level of qualification, reduce property services in accordance with law, and recommended that the Administrative Department for industry and commerce shall be punished according to law.

    39th article property service enterprise violation this rules 13th article (ii), and (five), and 14th article (a), and (four), and (five), and (seven), and (eight) of provides, by County (City), and district property management administrative competent sector according to property management Ordinance, and Jilin city property management Ordinance, and construction property service enterprise qualification management approach, related provides be punishment.

    40th article violates this rule article 17th, without a record of unauthorized property management activities, the Department of property management administration rectification and property management area of 1 Yuan per 1 square meter standard fines.

    41st article 18th could be in violation of this provision, property services companies failing, property service fee income and expenditure was to be announced, by County (City), the Administrative Department of property management a rectification, and a fine of 10000 Yuan fine.

    42nd article 22nd could be in violation of this paragraph, reconstruction of shabby buildings, shanty project unit, was not provided in accordance with standard operating room, by County (City), the Administrative Department of property management a rectification, fined and 30000 Yuan.

    43rd article 25th could be in violation of this paragraph, failure to check check check the record property, the construction unit or property management service for owners to check, by County (City), the Administrative Department of property management a rectification and impose fines check number 1000 Yuan per household.

    44th article 26th could be in violation of this paragraph, the construction unit to charge owners elevator, operate with housing, property management as well as other ancillary use of special maintenance fund, by County (City) property management a rectification by the Administrative Department, fined and received amount 10%.

    45th article 30th could be in violation of this provision, housing units for sale or assume the rights and obligations of the unit, failure to perform a housing main body maintenance responsibilities of the common parts, common facilities, by County (City), the Administrative Department of property management a rectification, fined and 30000 Yuan. 46th on an administrative punishment is dissatisfied, he can apply for administrative reconsideration or bring an administrative suit.

    Administrative reconsideration or administrative proceedings, administrative punishment decision not be suspended.

    47th article of the rules by the municipal housing and real estate organization and is responsible for the interpretation of the authority. 48th article of the rules come into force on November 15, 2011.