Property Management In Jilin Province Approaches

Original Language Title: 吉林省物业管理办法

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Property management in Jilin province approaches

    (February 2, 2009 2nd meeting consideration of the people's Government of Jilin province on February 27, 2009, Jilin provincial people's Government promulgated as of May 1, 2009, order No. 203) Chapter I General provisions

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

    Second property management in the administrative areas of the province to apply these measures.

    Property management in these measures refers to the owners organized their own management or by selecting property service companies, other managers, owners and property management service, other managers in accordance with a service contract, for housing and related facilities equipment and for maintenance, conservation, management, and maintenance activities related to the environmental health of the area and order.

    Article III the use of property, services and management shall comply with the provisions of the laws, regulations and rules, shall be without prejudice to the public interest and the legitimate interests of others, follow the principle of openness, fairness, honesty and credibility, service standards.

    Fourth to encourage adoption of new technologies and new methods of property management, relying on scientific and technological progress to improve property management and service level.

    Newly completed residential property management should be made of article, the original residential, non-residential houses should be the progressive introduction of property management.

    Sixth real estate administrative departments of the people's Governments above the county level shall be responsible for the supervision and management of the property management activities in the administrative area, specific work may entrust property management agencies.

    Relating to the people's Governments above the county level and property management activities in other sectors, in the context of their respective responsibilities, well done according to law, and estate-related work. Seventh to encourage owners appointed or hired property professional agencies or agents to exercise property rights, safeguard their rights and interests.

    Property professional agency employees or agents shall have legal, financial, engineering, management and other related knowledge, with good professional ethics and social responsibility. Eighth property service company or other management personnel shall be encouraged to participate in industry associations.

    Industry associations shall strengthen self-discipline and training, establish an industry service, coordination, incentive and disciplinary mechanism, promote service scientific, standardized, and healthy development of the property.

    Chapter II owners, owners, owners ' committees

    Article human owners within the Realty Management area of home ownership (including do work for a legitimate buyer housing ownership certificates).

    Within the Realty Management area, one with more home ownership ownership of or own a House, as a landlord.

    Article within the Realty Management area has been sold or delivered within the Realty Management area's floor space of buildings houses a total construction area of more than 50%, or delivered more than 1 years and owners of more than 30 persons, it shall establish a general meeting, owners ' Assembly made up of all the owners within the Realty Management area.

    Comply with the conditions prescribed in the preceding paragraph, by street or Township and town government organization owners, owners ' committees of the General Assembly in a timely manner.

    Within the Realty Management area, the owners of fewer than 30 people, or the owners ' refusal to set up an owners ' meeting, you can set up an owners ' meeting, jointly by the owners of owners, owners of performance of Committee duties.

    Before the 11th general meeting of owners convened for the first time, street or township people's Government and the community neighborhood Committee should give guidance to owners, owners Conference Organizing Committee (hereinafter referred to as the preparatory group), responsible for the preparatory work for the owners ' meeting for the first time. Organizing Committee member by the employer's representative, street or township people's Government representatives and representatives of community resident committees.

    Head of the preparatory group by street or township people's Government representative.

    List of the members of the Organizing Committee established should be based on written notice in prominent positions within the Realty Management area.

    12th preparatory group responsible for the following:

    (A) determine the time and place of the general meeting of owners convened for the first time, form (written or meeting) and content;

    (B) confirm the identity of the owner, exclusive parts area and the right to vote in the general meeting for the first time;

    (C) development of owners ' Committee candidates recommended approach and recommended candidates;

    (D) the elaboration of the owners ' rules of procedure of the General Assembly (the draft) and the management rules (draft);

    (E) other preparations.

    Preparatory Group should be arrow matters referred to in paragraph of this article, at the first general meeting of owners held 30 days notice in prominent positions within the Realty Management area.

    Article 13th on the owner's identity, number or challenging the exclusive parts of the area and other issues to the Organizing Committee, the preparatory group should be reviewed and the review results to the opponent.

    Decisions of the 14th General meeting of owners, owners ' committees, within the Realty Management area is binding on all the owners and property users.

    Article 15th may in writing delegate agent to participate in the general meeting or on behalf of the owners claim their rights.

    16th the members elected by the general meeting of owners at the owner, an odd number of members, elected for a renewable term, the outgoing, supplemented by the owners ' Assembly elections.

    17th in the new session of the owners ' Committee elected in the 3rd, the original owners ' Committee to the new the transfer of relevant information.

    18th general meeting of owners can be determined according to the actual situation of owners ' Committee work and the members of the allowance.

    Article 19th General meeting of owners, owners ' committees shall be subject to County (municipal and district) real estate administrative departments of the people's Government, street or township people's Government and the guidance and supervision of community neighborhood Committee.

    Owners Committee think the Realty service enterprise or any other Manager in the Realty management activities, damage the legal rights of the owners, on behalf of the owners to protect their interests in accordance with law.

    Decision of the 20th General meeting of owners, owners ' committees and shall comply with the provisions of the laws, regulations and rules and announcements.

    Owners, owners ' committees of the General Assembly shall not make has nothing to do with the property management property management decisions, or engage in other activities not related to property management.

    Article 21st 30th days of the owners ' Committee shall be elected within the Realty Management area names and the members list to the County (city, district) real estate administrative departments of the people's Government and the street or township people's Government for the record.

    22nd record changes of the owners ' Committee shall be from the date of change in the 10th change record.

    23rd the Realty service enterprise or members of other managers in the regions within their living, not as owners of the Realty Management Area Committee members.

    Article 24th after an administrative statute adopted by the general meeting, the owners ' Committee notice in prominent positions within the Realty Management area.

    25th the members of one of the following conditions, terminate its eligibility:

    (A) lost the ability to perform their duties;

    (B) the reason remains absent for more than 3 meetings of the owners ' Committee;

    (Iii) resignation;

    (D) is no longer the owner of the Realty Management area;

    (E) illegal structures;

    (F) refuse without good reason property service charges;

    (VII) not in accordance with the regulations deposited with the property management Statute, or special maintenance fund;

    (H) the owners ' Assembly decides to terminate the membership of other cases.

    Owners decided to terminate the membership of the owners ' Committee procedures rules of procedure of the General Assembly.

    26th the owners ' Committee has one of the following conditions, by street or township people's Governments convene such a meeting, you can vote for the owners ' Committee:

    (A) the Group submitted his resignation in writing;

    (B) less than half of the number of members;

    (C) failure to perform duties for a long time.

    Article 27th meeting of the Council shall be convened and presided over by the head of the owners ' Committee, head of the owners ' Committee is unable to perform his duties, Deputy Director of the owners ' Committee convened and presided over by owner Director or Deputy Director of the Commission without a legitimate reason not to convene and preside over the meeting of the owners ' Committee, the local subdistrict offices or Township and town people's Government appointed a member of the owners ' Committee shall convene and preside over.

    Owners ' Committee members shall not authorize any other person to attend the meeting.

    Owners should have more than half of the members present at the meeting of the Committee, and property community neighborhood Committee, where staff may be invited to attend.

    Chapter III stage property management

    28th units employing the prophase Realty service enterprise or any other Manager implementation of property management in the early, shall enter into the prophase Realty service contract, and when applying for housing, sales license, counties (cities and districts) submit real estate administrative departments of the people's Government.

    29th construction units before the property for sale, temporary management rules should be developed, and express the property to the buyer.

    Owners and to enact a statute to the General Assembly, temporary management rules fail simultaneously.

    Article 30th units at the time of completion of the construction project, national information should be reported to County (municipal and district) real estate administrative departments.

    31st Realty service enterprise or any other Manager to undertake property, shall be the common parts, common facilities and equipment for inspection.

    The common parts, common facilities and equipment identification received from specific measures by the provincial construction department. In detailed planning of the residential district, the 32nd, should clarify property management specific location, size of the room.

    Property management housing area configured as 4 per thousand of the total construction area of the Realty Management area, less than 100 meters by 100 meters configuration.

    Construction unit should be determined according to the detailed planning of residential location and property management housing area. Property management housing should be self-contained houses (not basement).
Property management for all owners jointly owned the home, without the owners ' consent, Realty service enterprise or any other Manager shall not change its purpose.

    Property services managers of enterprises or other used property management space, should be used to pay for all fees, the payment amount and the payment method specified in the Realty service contract.

    33rd construction units to apply for housing, sales license and apply for initial registration of housing ownership, should be submitted to property management room, the location, size, and other related materials.

    Real estate administrative departments of the people's Governments above the county level in the issuance of housing when the initial registration and sales license and apply for home ownership, property management should be registered with the room, the location, size and so on at the same time.

    The fourth chapter of property management services

    Article 34th counties (cities, districts) real estate administrative departments of the people's Governments, cooperation of the street or township people's Government, in accordance with the following situations, designated property management area:

    (A) independent of the community;

    (B) the locations adjacent to the unified management of the community;

    (C) facilities, equipment, independent of the building.

    35th selection Realty service enterprise or any other Manager of the property management areas shall comply with the following provisions:

    (A) the establishment of a general meeting of owners, owners ' committees;

    (B) hiring a property management service or perform other management property management;

    (C) entered into an administrative statute;

    (D) the property owners and Realty service enterprise or any other Manager signing the Realty service contract.

    36th property management services for content owners and Realty service enterprise or any other Manager in the property services stipulated in the contract, should be consistent with the service fees and charges. 37th City (State), County (City) Government real estate property services business qualification certificate issued by the competent administrative department shall be in the 30th after the issuance to provincial administrative departments.

    Construction Administrative Department shall, upon receiving the filing date in the 10th, will record the competency and performance, were complaints in provincial website.

    Real estate administrative departments of the people's Governments above the county level should establish and enforce property services business credit archives management system.

    38th real estate administrative departments of the people's Governments above the county level should be on the property services property management law and a member of the administrator or other training related to knowledge.

    Property management officer shall be in accordance with the relevant provisions of the State obtained the professional qualification certificates.

    39th owners within the Realty Management area of motor vehicle parking, parking space, should be a priority for the Realty Management area, the owners, property people use charge, management and other matters, decided by the general meeting.

    Within the Realty Management area parking motor vehicles, shall not affect the other vehicles and pedestrians to normal traffic.

    40th, owners of vehicles with storage requirements, managed by the owners with the Realty service enterprise or any other person entered into separate contracts of deposit. 41st owner, property shall be in accordance with urban planning administrative departments or house ownership certificates shall record the use of the Housing Authority, shall not be allowed to change.

    Need to change the housing, shall obtain the consent of the interested party agrees, and the relevant procedures under the law.

    42nd article when you select Exit property services property management service for any reason, shall by notice in writing inform the owner in the 30th before exiting.

    Article 43rd General Assembly is unable to convene, no implementation of property management, severely affecting the lives of the owners, the locations of the properties street or Township and town government in pursuance of this approach under the owner; also on the premise of most owners agree, temporarily entrust property management service or perform other management property management costs borne by the beneficiary.

    44th residential property management area for public lighting and property management with use of water, electricity, gas, heat the residential prices charged. Article 45th water, electricity, gas, heating and other departments should be to charge end users within the Realty Management area.

    Before services are provided to the end user of the losses borne by the business units.

    The fifth chapter property service charges 46th ordinary government guidance prices residential property service charges, other service charges for residential property, a landlord and property services companies or other administrators agreed impose market-regulated prices or Government guidance prices.

    Non-residential property services market-regulated prices.

    47th property service charges of market-regulated prices, a landlord and property services companies or other persons in charge of the Realty service contract prices. 48th property service charges subject to Government guided, have the pricing power of Department in charge of price real estate administrative departments under the people's Governments above the county level shall, in conjunction with factors such as property management service level standards, development of appropriate benchmarks and the floating range, and released in a timely manner.

    Specific standards by the owners with the Realty service enterprise or any other Manager in the floating range in property services stipulated in the contract.

    49th Realty service enterprise or any other Manager can accept the owners commissioned to provide services outside of the Realty service contract, service charges of market-regulated prices, but government guidance prices are excluded.

    50th owner check-in formalities, shall be liable for subsequent property services, heating and other related fees. Houses have to live, conditions of use, the construction unit shall be issued to the owner upon check notice in writing, use, the owner shall, upon receipt of a written notice within the 30th for admission and use procedures.

    Owner receives written notice without a legitimate reason not to check, using procedures, their arrival time to the project owner the owner check, using procedures and a written notice shall prevail.

    51st owners of properties leased, lent, and shall timely inform the property services company or other management personnel, property service fee by using payment of property or paid on his behalf, and assume joint and several liability.

    Property sold or renamed should settle property services property services managers of enterprises or other costs.

    The sixth chapter property use and maintenance

    52nd individual engineering quality acceptance, can meet the basic admission and conditions of residence, can be admitted.

    53rd within the Realty Management area, prohibited from doing the following activities:

    (A) unauthorized changes in main building and structure;

    (B) the appropriation of common parts and fire exits, corruption common facilities;

    (C) altering the common parts, common facilities of use;

    (D) buildings and structures built without authorization;

    (E) no interested parties and property service enterprises or other administrators agreed to set up business stalls;

    (F) storage over safety standards of inflammable, explosive, poisonous, radioactive substances;

    (VII) discharge of pollutants, toxic and harmful substances or excessive noise;

    (H) the occupation and destruction of green space, trees and green facilities;

    (I) poultry, pet of the contravention;

    (J) the disposal of garbage, sewage or thrown debris;

    (11) the laws, rules and regulations and managing other acts prohibited by the Statute. The provisions of the preceding paragraph, Realty service enterprise or any other Manager shall promptly stop party refuse to correct, Realty management company or other management people and interested parties may notify the relevant administrative departments.

    Relevant administrative departments shall be dealt with in a timely manner.

    54th water supply, power supply, gas supply, heating, sewerage management unit should be responsible for related facilities and equipment within the Realty Management area according to the following provisions (except for the owners to increase the facilities and equipment) repairs, maintenance and updates:

    (A) the landlord Terminal measures outside water meters and water supply facilities and equipment;

    (B) Terminal measurement meter and power supply equipment (centrally set table, outdoor power equipment for the user);

    (C) the owners of gas appliances, gas facilities and equipment, other than the connection hose for gas appliances;

    (Iv) owners outside the valve and system of outdoor heat supply facilities;

    (E) owners of floor drains and drainage equipment. 55th sanitation within the Realty Management area that are not closed, by the sanitation Department.

    Closed environmental health within the Realty Management area, managed by the Realty service enterprise or any other person in charge, the garbage by the sanitation Department.

    56th Realty service enterprise or any other Manager water, electricity, gas, heating, drainage and other business units delegate, maintenance, maintenance related facilities and equipment, as well as collecting the relevant fees, the principal shall pay the related costs.

    57th urban water management unit should be guaranteed within the Realty Management area water supply network interface and urban water supply pipe network water pressure up to standards set by the State; not up to the standards set by the State, the need for a secondary water supply shall not charge a fee for secondary water supply.

    Water supply pressure of water management units meet the State standards, secondary water supply is needed, of the secondary water supply in water collected from the business units, which bear the responsibility of secondary water supply supply of secondary water supply in operating units that are not charged fees by owners assume responsibility of secondary water supply.

    The seventh chapter property special maintenance fund

    Article 58th property special maintenance funds depositing, use, management of real estate administrative departments of the people's Governments above the county level shall be responsible for.

    59th property special maintenance funds should be in the store bank account, according to Lou establish accounts, according to family accounts.

    Special maintenance funds earmarked for housing within the Realty Management area of the property after the warranty expires property of the common parts, sharing of facilities and equipment, maintenance, renewal and modernization of and shall not be appropriated for other purposes.

    60th property of special maintenance funds deposited with the standards by real estate administrative departments of the people's Governments above the county level in the context of national provisions, after they have been measured, to the public.
61st property special maintenance funds deposited in a bank account in accordance with the regulations as of the date interest calculation, interest to be used for special maintenance fund accumulated property using, transfer principal and interest once a year.

    62nd real estate administrative departments of the people's Governments above the county level should be public property on a regular basis special maintenance fund income and expenditure and the use of special maintenance fund system established property, carrying out a one card system, accept the owners on the property and use of special maintenance fund balance query.

    63rd and transfer of property, the transaction property special maintenance fund is agreed by the parties, their agreement shall prevail; no contract, special maintenance funds the remaining part of the direct transfer of the property to the buyer of the property.

    64th article of property loss, the rest of special maintenance funds shall be returned to the owner of the property.

    65th the property classification of special maintenance funds auditing system.

    District Administration of urban real estate administrative departments of the people's Government of special maintenance funds by the provincial auditing Department is responsible for the audit of the property, County (City) Government real estate property management special maintenance fund by the competent administrative Department of the city (State) Audit Department is responsible for the audit.

    Audit results should be announced to the public.

    The eighth chapter complaints and liability

    66th landlord and property management service or any other Manager following disputes on property management services, you can complain to real estate administrative departments of the people's Governments above the county level:

    (A) changing within the Realty Management area according to the planning and construction of public buildings and common facilities;

    (B) damaged, concealment, destruction shall hand over information;

    (C) allowed to occupy or dig the road or site within the Realty Management area;

    (D) altering the property management housing purposes;

    (V) the unauthorized disposal of property belonging to the owner the common parts, common ownership or use of facilities and equipment;

    (Vi) not according to the Realty service contract standards, content provider or payment of property services property services;

    (G) the Realty service enterprise or any other Manager would be delegated in all properties in a range of property management administration;

    (H) other property-related disputes.

    67th following complaints inadmissible:

    (A) the request is not clear;

    (B) the mutual agreement between the complainant and the accused person;

    (C) the administrative departments or the people's Court has accepted;

    (Iv) to comply with the laws, rules and regulations.

    68th real estate administrative departments of the people's Governments above the county level shall receive the owners, property management company or other management personnel complaints should be handled in the 10th, of improper conduct is illegal, should be ordered to correct, involved property disputes and personal injury compensation, should carry out mediation, mediation fails, the parties can be resolved by arbitration or litigation.

    69th people's Governments above the county level real estate administrative departments or other administrative departments and their staff, does not perform its functions of supervision, abuse, deception, negligence, by their work units, higher authorities or the competent authorities shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    Nineth chapter by-laws 70th these measures shall come into force on May 1, 2009.

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