Beijing Property Management Approach

Original Language Title: 北京市物业管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264145.shtml

Beijing property management approach

    (April 6, 2010 64th Executive meeting of Beijing municipality on April 20, 2010, order No. 219 of Beijing Municipality announced, come into force on October 1, 2010) directory

    Chapter I General provisions

    Chapter II stage property management

    Chapter III owners, owners and owners ' Committee

    The fourth chapter property services

    Use and maintenance of the fifth chapter property

    The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First, property management, in order to regulate the activity, protect legal rights of property management, promote the construction of harmonious community under the People's Republic of China real right law and the management regulations, combined with the municipality, these measures are formulated.

    Article property management in these measures refers to the owners themselves or by others within the Realty Management area of buildings, structures and supporting facilities and equipment and for maintenance, conservation, management, maintenance of sanitation and order related activities. Article City Housing Executive supervision and management departments in charge of the city's property management activities.

    County Housing Administrative Department is responsible for the supervision and administration of property management activities within their respective administrative areas.

    Water supply, sewerage, electricity, gas, heating, sanitation, landscaping, parking management, order maintenance, equipment maintenance and other special services the competent authority shall in accordance with the duties and professional regulators responsible for supervision and administration.

    Fourth District and county people's Governments shall do area property management and harmonious community construction-related jobs.

    Subdistrict offices, Township people's Government is responsible for the area of owners, owners ' committees for assistance, guidance and supervision of the establishment and activities and coordinating and managing disputes.

    Chapter II stage property management

    Fifth unit should be in front of the home sales, combined with the properties of common facilities, building scale, divided into property management areas such as community building, and expressed in the sale and purchase contract.

    Property shared by the main supporting facilities and related sites, should be classified as a regional property management; residential and non-residential areas in principle should be divided into different management areas.

    Sixth jointly decided to separate or merge the Realty Management area, an application shall be made to the property location subdistrict offices, Township people's Government, by the subdistrict offices, Township people's Government, in conjunction with district and County Housing Administrative Department and other relevant departments to review, it needs adjustment, be confirmed and announced. Article create a new residential property, the construction unit shall construct property services, including customer service reception, project files save, tool storage, staff on duty and diligence, owners ' General Assembly and the Office buildings, and clear property in the sale and purchase contract services by location (building, room number).

    Property services accommodation floor area shall not be less than 150 square meters, houses on the ground shall be not less than 100 square meters, owners ' General Assembly and the Office space 30 meters to 60 square meters. Planning administrative departments in the process of planning permission and acceptance shall examine real estate service room area, location, configuration, and compliance planning and designing indicators.

    Housing Administrative Department in handling real estate surveying and mapping results for the record are supposed to check real estate service room configuration. Eighth construction units to take the early real estate service responsibilities.

    When a House is sold, the prophase Realty service contract shall be as an annex to the sale and purchase contract.

    The prophase Realty service contract on property service charges, fees and agreed service standards should be consistent with the relevant provisions.

    Owner to delegate all of the special services to property management service, special services can also be entrusted to professional services firms. Before Nineth construction units in the property for sale, temporary management rules should be developed, and publicity at the sale site, use, maintenance and management of the property, the owners of the common interest, the owner shall perform the obligations, provisional management statute should bear the responsibility for the violation of law conventions on such matters.

    Temporary management rules shall not infringe the property the buyer's lawful rights and interests.

    Municipal housing administrative departments should develop and publish interim management the model text of the Statute.

    Article tenth jointly decided to terminate the prophase Realty service contract, the construction unit shall with all the common parts of the property owners transfer of identification, exit Realty Management area, and the transfer of the following information:

    (A) the property management Division information;

    (B) the planning permit for construction and construction project planning permit attachments and drawing;

    (C) completion report and completion general layout plan, single buildings and structures, equipment completion drawings, and supporting facilities and underground pipelines drawings, fire inspection, acceptance of information;

    (D) equipment factory of random information, installation, acceptance, use, maintenance and periodic inspection and other technical data, operation and maintenance records;

    (E) property warranty documents and property description file;

    (F) the owners register;

    (VII) property management required additional information. All owners to undertake should be carried out to the common parts of the property before the identification may be entrusted with selecting the identification of property services companies.

    All of the owners with the employer can also entrust property services assessment inspection supervision agencies.

    Chapter III owners, owners and owners ' Committee 11th owners to share part of the implementation of the Realty Management area management.

    Matters decided by the owner of the following:

    (A) enact or amend management rules, owners ' rules of procedure of the General Assembly;

    (B) the election or alter the members;

    (C) determine or change the mode of property management, services, service standards and charging scheme;

    (D) the appointment and dismissal of property management service or no longer accept property services business services;

    (E) the collection, management and use of special maintenance fund;

    (F) application for alteration, reconstruction of buildings and ancillary facilities;

    (VII) applies for Division or merger of the Realty Management area;

    (VIII) other major property management decisions within the Realty Management area. Decided subsection (five), and (six) items matters, should by proprietary part accounted for buildings total area two-thirds above of owners and accounted for total number two-thirds above of owners agreed; decided subsection (seven) items matters, should respectively by original property management regional within and intends Division or merged Hou property management regional within proprietary part accounted for buildings total area two-thirds above of owners and accounted for total number two-thirds above of owners agreed; decided other matters,

    Exclusive parts accounted for more than half of the total area of the building owners and accounts for more than half of the total number of owners.

    Article 12th can units, unit, building, floor, determine property management matters within the scope of this unit, scope and procedures decided by the owners rules or joint decision of all owners within the Realty Management area. 13th owners can set up an owners ' meeting, owners ' Assembly made up of all the owners within the Realty Management area, to share any joint administration within the Realty Management area, in accordance with the relevant provisions of management-related activities.

    A Realty Management area set up an owners ' meeting.

    Establishment owners, property management service out of service or other major events, emergency management, need to be jointly decided to dismiss, selecting Realty management company or other matters, by streets, towns, where government guidance to help landlords decided related matters. 14th article property management regional within has delivered owners of proprietary part reached buildings total area 50% above of, units should to property location subdistrict offices, and township government submitted preparatory first owners Assembly Conference by needed information, and recommended owners representative as temporary convenor, convened accounted for total number 5% above or proprietary part accounted for buildings total area 5% above of owners to property location subdistrict offices, and township government proposed written application established owners Assembly

    ; Total more than 5% or proprietary accounts for 5% per cent of the total area of the building to the property owners can also seat of subdistrict offices, Township people's Government shall submit a written application to set up an owners ' meeting. 15th Street, town people's Governments shall, within 60 days from the date of receipt of the application, designate representatives to serve as head of the preparatory group, the organization established the first general meeting organizing Committee, the Preparatory Group convenes the general meeting for the first time.

    Preparatory Group in Central Africa employer representation of owners of not less than the number of members of the Organizing Committee has the right to vote in two-thirds.

    List of the members of the Organizing Committee confirmed, should be in a prominent position within the Realty Management area public.

    16th construction units must be appointed first general meeting organizing Committee within 7th day of preparatory group provides property owners register, the owners of proprietary information such as part of the area, buildings with a total area and bear the cost of organizing and conducting the general meeting for the first time. 17th General Meeting elected an owners ' Committee.

    Date of the owners ' Committee shall be elected in the 30th, the locations of the properties in the following material subdistrict offices, Township people's Government for the record:

    (A) the general meeting of the Preparatory Group issued and signed by the head of establishment and the owners ' Committee report on the elections;

    (B) resolutions of the General Assembly;

    (C) management, owners of the Statute to the General Assembly's rules of procedure;

    (D) the list of members of the owners. Materials, street, town people's Governments shall be filed and filing copy within the 7th District after the record housing Administrative Department and on the written notification of properties location police station, community residents.

    (B), (c), (d) items when changes occur, shall promptly record the change procedures. Article 18th term of members of the Committee, related terms, alternate, vacancies, eligibility and termination of rules of procedure of the General Assembly by the owner.

    Any of the following circumstances, membership is automatically terminated:

    (A) the expiration of the term;

    (B) no longer have the identity of the owner;

    (C) the limits of legal incapacity or incapacity;
(D) be held criminally responsible, unable to discharge the responsibilities of members;

    (E) in writing to the general meeting of owners or the owners ' Committee to resign;

    (F) 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 that shall be handed over, handed over to the owners ' Committee who refuses to transfer stamp, property and archives, and subdistrict offices, Township people's Government shall order the transfer of property where public security organs shall assist.

    The fourth chapter property services

    Article 19th selecting Realty management company should have legal personality and property services in accordance with national qualification.

    Housing Administrative Department shall establish property services, enterprise credit information system, dynamic supervision and management of property services companies.

    Article 20th property services contracts shall be on their rights and obligations, property services, service standards, service, project leader, property service management and use, duration of contract, transfer services, breach of the contract contents, such as conventions.

    Property services property services enterprise shall from the date of signing of the contract in the 15th, property services property services contract local district houses the administrative departments, County Housing Administrative Department will record CC property services local subdistrict offices, Township people's Government. Article 21st property services include various special services and integrated services.

    Realty management company can delegate specific services to professional services firms, but not all property services be entrusted to other units or individuals.

    Not selecting property services companies, owners may jointly decide to delegate the various special services to professional services firms or individuals.

    22nd property service enterprises shall, in accordance with the Realty service contract, services provided, and standards and technical specifications consistent with quality and price of services.

    Property service enterprises and related personnel of boilers, elevators, electrical, refrigeration, and limited space, high altitude, involving personal safety of operation, shall have corresponding qualifications or entrust a qualified units and individuals; entrust implementation should define their own security management responsibilities.

    Article 23rd property service enterprises shall in accordance with the provisions of the Department in charge of price, services, service standards and fees, fees and other relevant information in a prominent position within the Realty Management area public. Property management service should be on the public in the first quarter of each year an annual property services contract compliance, property services, property service project of the year budget of income and expenditure, property owners question, property service enterprises shall respond in a timely manner.

    Owners decided or the owners ' Committee calls for property services audit of project income and expenditure, Realty management company shall cooperate.

    24th property services contract prior to the expiration of all owners shall jointly determine how the property management, service contents, whether matters such as replacement of property services companies.

    Decisions to extend the original property services company, shall consult with the original property services companies signing the Realty service contract decided to dismiss, shall perform the necessary duty of notification, the contract does not specify the term of notice, shall contract before the expiry of a period of three months to inform the original property services company, and announcement within the Realty Management area.

    25th before termination of the Realty service contract, real property service enterprises shall not stop the service.

    Realty service contract expires, Realty management company decided not to renew the service contract should perform the necessary duty of notification before the expiry of the contractual period; the contract does not specify the term of notice shall, within three months before the expiry of the contract notice to the employer.

    Article 26th property management service are not written property services contracts with the owners, but in fact provides property services, and to fulfill the duty of disclosure, property service enterprises have the right to require owners to carry out the relevant obligations. Jointly decided not to accept property services, property service enterprises shall not be forced to provide services, not with the fact that the Realty service fees charged to the owners for services.

    Realty management company decided to no longer provide property services, owners shall be notified three months in advance. 27th termination of the Realty service contract, or jointly decided not to accept the fact that service, property service enterprises shall be completed within 60 days and all the owners transfer.

    Transfer of property services enterprise shall perform the following obligations and withdraw the Realty Management area:

    (A) the transfer of common parts of the property;

    (B) transfer the relevant information provided for in article tenth;

    (C) transferred property services property and facilities that form during use, maintenance and periodic inspection and other technical data, operation and maintenance records;

    (D) the settlement of advances, collecting the relevant fees;

    (E) laws, rules and regulations and other matters of property services contract. 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.

    Original property services companies should deal with transfer to withdraw within the Realty Management area of the former period, should maintain the normal order of property management, property services and shall not be charged to the owner. The Realty service enterprise refuses to withdraw the Realty Management area, new service businesses and landlords should be consultation with the original property management service solution through consultation, it shall bring an action or to apply for arbitration, should not force takes over.

    Street, town government and housing administrative departments should strengthen the supervision of property management service transition.

    Property service enterprises shall, in accordance with article 28th Realty service contract, assign project lead, except otherwise specified in the Realty service contract, in principle, the project leader can only be a property services project office. Property management service to replace the project leader shall promptly inform the owners and publicity.

    Jointly, request the property management service to replace the project leader, property management service should be replaced immediately.

    Article 29th landlords, property management companies, construction unit property services evaluation supervision agency may be entrusted with the relevant departments, service quality, service, cost and assess the status of common parts of the property management and supervision.

    Property services assess supervision agency shall provide professional services in accordance with the relevant provisions of the city shall not be false, misleading statements and material omissions of the evaluation report of the Commissioner.

    Article 30th housing administrative departments should strengthen the property management activities of supervision and management, property services complaints in a timely manner. Supports the property service industry associations into full play in this city service, communication and oversight role, improve the property services industry self-regulatory system, promoting the property services industry.

    Property services industry associations according to the property's property, property management, service standards, and other factors, publishes regular property services cost information.

    Use and maintenance of the fifth chapter property Before the 31st residential property decoration, landlord or property use shall comply with the requirements for registration, and House decoration services agreement with the property services companies.

    Property services companies of decoration should be time, place and other public signs inside the building where the owners. Property management service decoration activity inspection, supervision should be strengthened.

    Landlords or property of people who refuse to handle registration and decoration service agreement or in violation of the relevant provisions, Realty management company shall promptly inform and dissuade; refuses, Realty management company shall promptly report to the relevant authorities, and within the Realty Management area in publicity. 32nd construction units sold within the Realty Management area of the garage, parking space, shall, before the sale according to the garage, parking licence or registration.

    Within the Realty Management area planning for parking garages, parking spaces shall not be sold to people other than the owners of the Realty Management area. Unit for rent within the Realty Management area planning for parking garages, parking spaces, should first be leased to owners of the Realty Management area. After the meet the needs of landlords of the region, units can be garages, parking spaces were rented to people other than the owner of the region, the lease shall not exceed six months.

    Unit adjustment of rental levels should consult with all the owners.

    Owners of other garages, parking spaces shall comply with the Statute on the management of parking agreement.

    Article 33rd within the Realty Management area, water, electricity, gas, heating, communications, cable television and other professional and business operation entities shall charge fees to the end user, and shall bear the responsibility for repairs and maintenance of pipeline and related facilities and equipment.

    Realty management company entrusted to collecting costs in the preceding paragraph, shall apply to invoices issued by professional business unit owners, and may not charge additional fees to owners, not to the owners property service charges in arrears for restrictions or a disguised restriction on professional service.

    Article 34th following endanger the safety of housing emergency and requires immediate repair, renovation and transformation of the common parts, use of special maintenance fund in accordance with the relevant provisions:

    (A) roof damage causing leakage;

    (B) failures endanger the safety of elevators;

    (C) the high-rise pumps damage causing interruptions in the water supply;

    (D) building unilateral facade above one-fifth at risk of shedding;

    (E) special drainage due to collapsing, dysfunction caused by blockage, bursting, endanger the safety of property;

    (F) fire-fighting system dysfunction, fire management requirements for fire-fighting equipment maintenance, renovation and transformation.

    Use of special maintenance fund and the specific measures formulated by the competent administrative authorities and the relevant departments of municipal housing.

    35th the assignment of the property, owners should indicate to the assignee special maintenance funds deposited and balances, balances in the account system of property of special maintenance funds transfer of ownership of the property at the same time. Article 36th units shall in accordance with State regulations and the sale contract of warranty period, range taking buildings and ancillary facilities and equipment warranty liability.
The warranty process, property owners, occupiers and property management services enterprise shall give assistance with.

    37th article, property of parts when repairing, maintenance, updating, modification, exclusive part of property owners, users shall cooperate, resulting in loss of exclusive parts, the person responsible shall be liable to make restitution, damages and other legal responsibilities.

    Article 38th owners sell or rent a property, the 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, will sell or lease inform the Realty service enterprise.

    Transfer of property, and property management companies, professional service firms to settle related charges.

    The sixth chapter legal liability

    39th disobey article tenth unit does not perform the obligation of transfer from district and county administrative departments of housing rectification; it fails, to a fine of 30,000 yuan.

    40th disobey article 16th unit is not in accordance with the regulations to the first general meeting of the preparatory group to provide relevant information, the property is located Street offices, Township people's Government a rectification; it fails, to a fine of 30,000 yuan.

    41st disobey article 20th, Realty management company fails to submit the contract for the record, consists of district and county administrative departments of housing rectification and to a fine of 10,000 yuan.

    42nd article violates these measures stipulated in article 25th and 26th, of Western medicines stop property services property services companies, the County Housing Authority administrative authorities shall order rectification, and can be fined a maximum of between 100,000 yuan and 10,000 yuan; losses caused shall bear liability.

    Article 43rd disobey article 27th, the original transfer of property services companies are not complying with the provisions of, ordered by the County Housing Authority Executive Authority transfer; fails to transfer, to a fine of 30,000 yuan.

    Violation of these measures article 27th, the Realty service enterprise refuses to withdraw from the property management the district from the County Department of housing administration ordered the withdrawal of; fails to withdraw, to a fine of 100,000 yuan; unable to maintain normal order of property management, by district and county people's Government instructed County Housing Administrative Department, property location subdistrict offices, Township people's Governments and police organizations take over.

    Violation of these measures article 27th, new property services companies forced to take over, the County Housing Authority administrative authorities shall order rectification, and can be fined a maximum of between 100,000 yuan and 10,000 yuan; losses caused shall bear liability.

    44th owners Committee fails to perform or is unable to perform his duties, the locations of the properties Street offices, Township people's Government should be ordered to perform their duties within a; late is not performed, the subdistrict office and township Governments should guide assist the meeting of the owners to convene an owners ' meeting decided the matter. Owners ' General Assembly, the decision of the violation of laws, rules and regulations, property location subdistrict offices, Township people's Governments shall be ordered to correct or reverse its decision and notify all owners.

    Owners ' Assembly, the decisions of the legal rights of the owner, infringement of the owners may request the people's Court shall be revoked.

    The seventh chapter by-laws

    Article 45th common parts of the property mentioned in these measures refers to owners within the Realty Management area other than the exclusive parts in accordance with the provisions of joint management by the owners of the buildings, structures and supporting facilities and related sites.

    All of the owners in these measures, established by law after the owners ' meeting is the meeting of owners.

    Owners decided in these measures refers to decisions of the general meeting; failing to set up an owners ' meeting, refers to the owner in accordance with jointly made decisions. Exclusive parts of the area mentioned in these measures refers to the floor space housing records; not yet registered, tentatively on SMC measured area; not yet measured, recorded in the provisional sale and purchase contract area.

    Total building area refers to the area of exclusive parts and.

    Property service enterprises in these measures, including in the prophase Realty service providing property services unit. 46th article of the rules take effect on October 1, 2010. 21st of July 7, 1995 municipal decree issued on December 31, 1997, 12th order modifying the Beijing city people's Government abrogated in residential property management methods.