Luoyang City Property Management Approach (Amended 2007)

Original Language Title: 洛阳市物业管理办法(2007年修正本)

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(March 11, 2002, Luoyang City Government order 58th announced on October 15, 2007 Luoyang 95th order released by the people's Government of the people's Government to amend the municipal drinking water in Luoyang, Luoyang City secondary water supply management 4 revision of the regulatory decisions) Henan province, first for the implementation of the building management Ordinance (hereinafter referred to as the provincial Property Ordinance), standardize property management, combined with the actual procedures are formulated in this city.
    Second approach applies to property management activities in the administrative area of the city.
    By the construction of real estate development enterprises, sold, rented to two or more are jointly the use of property, property management should be made.
    According to the housing system reform policy to sell public housing and other property shall be progressive property management.
    Article city property management is responsible for the city's property management organization, coordination, guidance and supervision.
    Counties (cities), the jili District real estate management property management the Department is responsible for the area, receive professional guidance and supervision of the municipal real estate administration.
    Construction, planning, public security, industry and commerce, price, gardens, public utilities and other sectors in accordance with their respective responsibilities, to do relevant work within the Realty Management area. Article fourth of development project construction in the new property, construction management facilities, develop early stage property management programmes. Stage property management plan shall be submitted to the real estate management Department.
    After completion of the property, property management property management facilities should be acceptance.
    Fifth construction units shall total floor area ratio of 2 ‰ to 4 ‰ of the property providing owner supervision and management rooms (minimum of not less than 50 square meters), the cost included in the costs of development and construction, property right belongs to all the owners.
    Sixth owner of the rights and obligations of owners and owners of the composition and functions of the Commission, according to the regulations of the property, the provisions of chapter II. The owners ' Committee for a term of 3 years, shall be eligible for re-election. The age of the members of the owners ' Committee, men and not more than 70 years of age, women are not over the age of 65.
    Members of the owners ' Committee, of up to 300 for 3 people (including directors, Deputy Directors, the same below); more than 300 households of less than 500 to 5; more than 500 households of less than 800 for 7 people; more than 800 households do not exceed 11 people.
    New housing before occupancy rate becomes 50%, developed by the project owner took the responsibilities of the owners ' Committee.
    Seventh article owners Committee should since owners Assembly election produced of day up 30th within, holding following material to location County (city, and district) property management sector and subdistrict offices, and township government record: (a) owners Committee name, and residence, and by's regional range; (ii) owners Committee members list and the effective identity proved; (three) owners Assembly participate in personnel and the election situation; (four) owners Committee articles.
    Property management departments shall receive completed within 15 working days from the date of filing review process meet the property provisions of the Ordinance and these rules, and issuance of filing certificates; do not meet the property provisions of the Ordinance and these rules, the province, notice in writing of its law for new elections.
    Eighth article development units to owners Committee transfer property management right, should while transfer following information: (a) property management regional planning figure, and completed total plane figure; (ii) single engineering building and the structure, and equipment, and green engineering completed figure; (three) underground tube network completed figure; (four) about facilities, and equipment of using and maintenance technology information; (five) engineering quality acceptance information and the quality guarantee agreement; (six) property management regional within housing, and public service supporting facilities, project listing and the property belonging proved;
    (G) housing manuals and warranty, (VIII) general acceptance of the property information and (IX) other transfer of information.
    Real estate management Department to supervise the handover and guide.
    Ninth article property service enterprise should has following conditions: (a) has clear of articles and fixed of Office places; (ii) has sound of organization management institutions and management system, and equipped with has and Enterprise qualification grade phase adapted of various professional technicians and economic management personnel; (three) has meet corresponding qualification grade provides of registered funds; (four) has meet national provides of financial management system; (five) has sound of housing management, and conservation, and maintenance, property management measures.
    Article tenth property service qualification certification system and system of certified property management service.
    Nineth provision conditions the Realty service enterprise shall apply to the property management Department of the Realty service enterprise qualification certificate, and go through the registration formalities according to law.
    This city property service enterprises entering the city of entrusted property management activities, shall hold a qualification certificate and related documents to the municipal real estate administration records. Before the 11th general meeting of owners convened for the first time, by the employment of development project construction property management service for property management services.
    Property services companies should stage property management services agreement with the owners one by one, where there is common interest owners agreed in the agreement should be the same. Owners ' committees or other organizations commissioned by the Realty service enterprise management services, property services property management services and the principal contract.
    Property management service contract shall comply with the regulations of the property, 33rd of the rules. Select property service enterprises, should be dominated by public tender, in the real estate management Department under the guidance of.
    A within the Realty Management area should be entrusted to a property services company management services.
    Property management services contracts and early stage property management service agreement, shall be submitted to the real estate management Department.
    12th charge and standard of property management service charge, according to the regulations of the property, 36th, 37th, provisions of that article.
    Property management service for owners or users other than special contractual services provides property management services contracts, service costs determined in consultation with the owner or occupier of property service enterprises.
    13th the introduction of property management of areas, water, electricity, gas, heating, communications, and other unit should be charged directly to each owner. Property service enterprises entrusted by these units, collecting water, electricity, gas, heating, communications, cable TV fees, collection of contract shall be signed, containing the service fee terms.
    To the owner or occupier shall not be subject to service fees.
    Article 14th available property sets the advertising and operation of facilities, should be with the consent of the relevant owners, after the written consent of the owners ' Committee, by property services companies to the relevant departments for approval procedures.
    Owner licenses another person to use a House parts of the Commission received by advertising and operation of facilities, such as fees, after deducting the cost of property management service agency, into a maintenance fund account owned by the owners of the residential common to all, and the establishment of a separate account, for use in the residential share parts, maintenance of shared equipment, update.
    15th one have more than two property owners within the Realty Management area, shall establish the common parts, common facilities and equipment maintenance fund (hereinafter referred to as the maintenance fund).
    Maintenance Fund according to the following provisions: (a) upon the sale of public housing, housing units in multistory (7 and below) 20%, high-rise residential house for sale (8 and older) House of 30% to pay buyers who purchase the 2% pay.
    (B) the real estate for the construction of real estate development enterprises (including housing), developers of housing construction with a total investment of 1% to 2% to pay buyers by purchase 2% to 3% pay.
    Maintenance fund into real estate management to specify an account, earmarks.
    16th before the establishment of the owners ' Committee, by housing units or housing units authorized the management plan for unit maintenance funds, allocated after review by the property management Department. After the establishment of the owners ' Committee, presented by the Realty service enterprise maintenance fund annual plan, the owners Committee, reported to the property management Department allocated after review.
    The owners ' Committee shall monitor the use of the maintenance fund. 17th construction units of housing for not complying with the provision of property management services, the real estate management Department shall order its deadline up to build.
    Fails to fill the building shall pay the total price supplement, built by the owners ' Committee complement; planning can't fill the building, by construction unit in consultation with owners Committee equivalent compensation in other ways, and can be fined a maximum of up to 10,000 yuan.
    The construction does not require the transfer of management of information, transfer of the real estate management Department shall order its deadline, and fined 2000 Yuan more than 5000 Yuan fine. Article 18th, using illegal decoration as well as other acts of damage to public facilities, equipment, property management service should be stopped and reported to the competent authorities.
    Construction, planning, real estate and other competent authorities may, in accordance with the law-administrative penalties.
    Owner, the user fails to pay a fee for property management services, property services companies may provide written notice to the prescribed date, and 2 per thousand of the daily outstanding amount plus late fees, otherwise agreed in the contract from its agreement has not paid collection and property services companies will be able to apply for arbitration or a lawsuit.
    Employer, the landlord is not required to pay real estate maintenance fund, the owners ' Committee may by notice in writing within a pay overdue pay, daily outstanding amount plus late fees 2 ‰, owners committees can apply for arbitration or a lawsuit.
    Article 19th owners, users, property management companies and when disputes occur between units, can be solved through consultations or to apply for the real estate management Department, area streets and municipal people's Government to mediate can also apply for arbitration or a lawsuit. Real estate management sector-specific administrative act undertaken by the parties, may apply for reconsideration or bring an administrative lawsuit in accordance with law. If no application for reconsideration or sue or carry out, by the property management Department of the administrative act apply to a people's Court for compulsory execution.

    20th real estate, property management and its staff is not regulations and perform their duties in these measures, seriously affecting the administrative management or dereliction of duty, abuse of authority or engages, shall be competent personnel and other relevant administrative responsibilities constitutes a crime, criminal responsibility shall be investigated according to law. 21st article this way come into force on May 1, 2002. August 23, 1997 issued by the municipal people's Government of the city of Luoyang City in residential areas of the interim measures be repealed simultaneously.

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