Zibo City Property Management Approach

Original Language Title: 淄博市物业管理办法

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(December 22, 2006 Zibo people's Government promulgated as of February 1, 2007, 60th) Chapter I General provisions article in order to standardize property management activities, protect legal rights of property owners, occupiers and property management business, according to the property management regulations, relevant laws and regulations of the State Council, combined with the city's actual, these measures are formulated.
    Article property mentioned in these measures refers to houses that have been built and delivered, public buildings and ancillary facilities, equipment and related facilities.
    Property management in these measures refers to the owners by selecting Realty Management Enterprise, run by owners and property management companies in property service contract, for housing as well as ancillary facilities equipment and for maintenance, conservation, management, and maintenance activities related to environmental health and order in the region.
    Property use in these measures refers to the lessee of the property and the actual use of the property of others.
    Article within the administrative area of the city's property management and supervision of property management activities, these measures shall apply.
    Fourth of municipal, district and County real estate administrative departments responsible for supervision and administration of property management activities within their respective administrative areas.
    Planning, construction, law enforcement, environmental protection, public security, prices, and other relevant departments shall, in accordance with their respective responsibilities, supervision and administration of property management.
    Street (Township people's Government) to assist real estate administrative departments oversee property management services, coordination of area property management and community management, community relations service.
    Electricity, water supply, heat supply, gas supply, telecommunications, postal services and other relevant entities, shall perform their respective duties, and related services.
    Chapter two building owners and owners ' fifth home ownership human owners.
    The rights and obligations of the owner in the Realty management activities, according to the State Council of the provisions of the building management Ordinance to exercise and perform.
    Article sixth owners roster system. Roster of owners, committees established by the owners and management.
    Property management of the property in the early implementation, roster established by the unit owners, and the owners reverted to its Management Committee.
    Owner changes, the new owner shall be for registration of changes in the owners register.
    Article of all the owners within the Realty Management area composed of owners ' meetings.
    A Realty Management area set up a meeting of owners and only a small number of owners or owners and all the owners agreed and decided not to set up a general meeting, by all the owners of the common owners, owners of performance of Committee duties.
    Article property management division of the region should take into account construction planning, property of the shared facilities, community service and public facility projects and other factors, in conjunction with the subdistrict office by District real estate administrative departments (Township people's Government) according to actual delineation.
    Ninth article meet following conditions one of of, units, and property management enterprise or owners can to district property administration sector proposed established owners Assembly of written requirements: (a) new property staying rate reached 50% above of; (ii) new property staying rate reached 30% above and first sets housing owners handle staying procedures has full 2 years of; (three) non-new property has implementation property management conditions of. County property after a written request is received by the Administration to set up an owners ' meeting, and the locations of the properties Street (Township people's Government) Organization General meeting organizing Committee.
    Member of the preparatory group composed of members of the Committee of representatives of the owners and residents.
    Organizing Committee membership list determined in the 3rd, shall be announced in writing within the Realty Management area.
    Tenth new residential setting up an owners ' meeting for the first time, the construction unit shall cooperate actively, and to undertake the necessary work.
    Preparations for the 11th preparatory group is responsible for the following: (a) determine the time and place of general meeting convened for the first time, form, and content, (ii) the elaboration of the owners ' rules of procedure of the General Assembly (the draft) and the owners ' Convention (draft), and (iii) registration and confirmation that ownership and (iv) to determine the method for selecting the members of the owners ' Committee; (e) the other preparatory work.
    The preceding paragraph (a), (b), (c), (d) content should be in a general meeting convened for the first time in written form before 15th notice within the Realty Management area.
    12th preparatory group shall from the date of composition in the 30th, the Organization held its first general meeting, elected owners Committee, making the owner and owner conventions, such as the rules of procedure of the General Assembly.
    Owners since the date of the general meeting convened for the first time to set up.
    13th held its first general meeting, the preparatory group should be prior to meeting times, locations and agendas inform County real estate administrative departments, neighborhood offices (Township people's Government) and neighborhood Committee and invited them to send representatives to attend.
    14th General meeting, owners of the functions of the Committee in accordance with the management regulations of the State Council set out, their operational procedures by providing for municipal real estate administration.
    15th General meeting can take the form of brainstorming, you can also take the form of written comments.
    Many owners, can units, unit, building, floor, one employer representative participating in the general meeting. Selection of owner's representative participating in the general meeting, owners ' representatives to participate in the general meeting 3rd general meeting written comments on matters to be addressed by the representatives of the owners.
    Where the need to vote, after signature, the views of the owners, represented by the owners when they vote at the owners ' meeting reflects.
    Decisions of the general meeting shall, within the 3rd, in writing, within the Realty Management area bulletin.
    Decision of the 16th meeting of owners within the Realty Management area of all the owners and property using the binding, but shall not violate the provisions of the relevant laws, rules and regulations.
    17th day of the owners ' Committee shall be elected within 30th, to County real estate administrative departments for the record, and submit the following materials: (a) the general meeting records and meeting decisions; (b) rules of procedure of the General Assembly, and (iii) list of members of the owners ' Committee and basic conditions.
    Owners ' Committee on district property issued by the administrative departments for the record proves that used engraving and seals in accordance with law.
    18th the owners ' Committee shall, before the expiry of 2 months, and submitted written reports to the District real estate administrative departments and districts real estate administrative departments and neighborhood offices (Township people's Government), under the guidance of organization owners re-elected the Panel, convene the General Meeting elected the new owners Committee. After expiry of the term of the owners ' Committee did not organize a general meeting, the host County real estate administrative departments and neighborhood offices (Township people's Government) upon receipt of a written request of the owner, shall organize owners re-elected the Panel.
    Re-elected group shall be set up within 30th of convening the general meeting, elected the new owners Committee.
    General Meeting elected the new date of the owners ' Committee in the 10th, the owners ' Committee shall be in the custody of documents, seals and all other owners of property handed over to the new owners of Commission and doing other work. 19th the members of remuneration for work and office costs borne by all the owners of the owners ' Committee, and the specific measures decided by the general meeting.
    Upon the General Meeting decided, conditional from the common parts, common facilities operating income expenditure.
    Chapter III stage property management 20th in owner, owners before Congress has selected the Realty Management Enterprise, the construction unit shall select early stage property management property management enterprises.
    Article 21st in accordance with the principle of separation of real estate development and property management, residential and non-residential projects within the Realty Management area, the construction unit shall by way of tender selection of qualified property management company, and signed the prophase Realty service contract.
    Bidders with less than 3 or smaller property, approved by the County real estate administrative departments, selection by agreement with the corresponding qualification of the property management company.
    Should be an open tender by the municipal real estate administration property types, scale, bidding options specified. 22nd construction units identified within 15th of the Realty Management Enterprise shall prophase Realty service contract with the property management company; hired property management companies should be signed early with the home buyer property management services agreement.
    The prophase Realty service contract shall include the service content, service standards, charges, fees, billing methods and content such as start time, early stage property management service agreements should contain the main elements of the prophase Realty service contract.
    Realty Management Enterprise shall be the prophase Realty service contract counties real estate administrative departments for the record. 23rd the prophase Realty service contract may stipulate a time limit.
    Prophase Realty service contract is not full, the owner of Congress has selected a new Realty Management Enterprise, the prophase Realty service contract is terminated.
    The prophase Realty service contract is full, have not yet set up an owners ' meeting or a general meeting has been set up but not yet selected a new Realty Management Enterprise, property management companies can be agreed upon in the prophase Realty service contract, continue to engage in property management services to the owners ' Congress has selected a new Realty Management Enterprise terminated as of the date, but the owner property management companies at the request of the General Assembly, the Realty Management Enterprise shall exit.
    Prophase Realty service contract not to engage in property management services, Realty Management Enterprise shall, before the expiration of 2 months notice to the employer.
    24th article units should and property management enterprise handle property undertake acceptance procedures, and to property management enterprise transfer following information: (a) completed plane figure, monomer building, and structure, and equipment completed figure, supporting facilities, and underground tube network engineering completed figure, completed acceptance information; (ii) facilities equipment of installation, and using and maintenance maintenance, technology information; (three) property quality warranty file and property using description file; (four) owners roster; (five) points building layered plane figure and sets type figure; (F) other information necessary for property management.

    Realty Management Enterprise shall, upon termination of the prophase Realty service contract to hand over the information to the owners ' Committee; owners of the Committee had not yet been established, the above information should be transferred to the new early stage property management enterprises. 25th time of Realty Management Enterprise shall undertake, should the common parts, common facilities and equipment for inspection and found inconsistent with the planning and design of the original or of questionable quality, shall notify the owner timely rectification.
    Units do not timely rectification or modification does not meet the requirements, by employer assume the corresponding responsibility.
    26th the construction unit shall before the property for sale, national model text Convention on temporary owners, use, maintenance and management of the property, the owners of the common interest, the owner shall perform the obligations, violations of the Convention shall bear the responsibility for such matters according to law conventions.
    Interim Convention formulated by the construction entity owners, shall not infringe the property the buyer's lawful rights and interests.
    27th the construction unit shall the temporary Convention to the property before the sale the buyer expressly indicated.
    Property buyer, when concluding a Realty sales contract with a construction unit shall make written commitments to abide by the temporary Convention.
    Article 28th of property owners enjoy the common parts, common facilities of the ownership or the right to, the construction unit shall not be allowed to dispose of.
    Article 29th units shall in accordance with the development property total floor area ratio of 3 per thousand in property management property management provided free premises in the region, minimum of not less than 80 square meters, all property owned by all the owners.
    Planning administrative departments should be made clear when planning permission property management with specific location and the corresponding area.
    Employer at the time of pre-sale housing permits and initial registration of real estate, property management with configuration related information shall be submitted, qualified upon examination, issuance of pre-sale housing permit and apply for initial registration.
    30th construction units to the Government department concerned check, and property for sale declared reservations, transfer the contract property illegally shared facilities, construction can be legally retained, and run their own; could also be referred to the property management business, its operating income by contract.
    Owner retained according to law of property illegally shared facilities shall be used in accordance with the purpose and functions of the original design, without changing the application.
    Fourth chapter of property management services article 31st of the Realty Management Enterprise shall have an independent legal personality, and obtain the appropriate property management enterprise quality.
    Real estate administrative departments shall establish a property management business credit file, to the public.
    32nd property managers should be in accordance with relevant regulations of the State, obtained the professional qualification certificates: property technician shall obtain the corresponding technical qualification certificate.
    The Realty Management Enterprise shall employ staff to carry out induction training.
    33rd a property management area owned by a property management company implementation of property management.
    Independent office buildings, factories, hospitals, schools, kindergartens and other single property owners by owners decide whether to implement the property management. Article 34th Committee General Assembly selected by the property management company with the owners sign a written property services contracts.
    Property of both service contracts shall set forth the rights and obligations, property management, service quality, service, management and use of public money for maintenance, property management, length of contract, breach of contract, such as the content of conventions.
    Draft property services contract shall be within the Realty Management area in publicity, owners can be fully heard.
    Realty Management Enterprise shall be property services contract counties real estate administrative departments for the record.
    35th property management company in accordance with the law, regulations and property services contract agreement, undertake property management activities, provide the appropriate service.
    Property management company has failed to fulfill the Realty service contract, leading to owners of personal or property damage, they shall bear the corresponding legal responsibility.
    Article 36th property services not to renew the contract expires, shall before the expiry of 2 months notice to the other party of the contract. 37th time of Realty Management Enterprise shall undertake, should work with the owners for the property acceptance procedures of the Committee.
    The owners ' Committee shall transfer to the property management company the information specified in article 24th of this approach.
    Article 38th of property upon termination of the service contract, property management property management enterprises shall be returned and the information specified in article 24th of this approach to the owners ' Committee.
    Upon termination of the Realty service contract, owners of Congress has selected a new Realty Management Enterprise, the Realty Management enterprises shall well handle the handover work.
    39th without consent of the owners, property management companies shall not room or altering the purpose of property management.
    Property may not be mortgaged, Exchange, buying and selling.
    40th property management company can delegate specific services within the Realty Management area business to professional services firms, but not all property management be entrusted to others in the region.
    The Realty Management Enterprise professional services related to entrusted enterprises or non-professional and technical personnel and property of the enterprise services when the services stipulated in the contract, the Realty service contract provides property management companies responsible are not transferable. 41st Realty service fees shall follow reasonable, open, as well as costs and service levels to meet the principle of different nature and characteristics of the property, in accordance with the service level and property service charges, property services stipulated in the contract.
    Both sides through consultation, in accordance with the relevant provisions of the State. 42nd property owner shall be in accordance with service contracts to pay service charges.
    Owners and property users agree Realty user pay service fees, their agreement shall prevail, owners jointly and severally liable to pay duty.
    Has been completed but not yet sold or has not yet been handed over to the buyer of the property property property services unit to pay all the charges.
    When the property right transfer of property, landlord or property shall settle the property services.
    Article 43rd price Administrative Department shall, in conjunction with real estate administrative departments to strengthen oversight of property service charges.
    44th property management company can delegate owners provide services outside of the Realty service contract, service paid by the agreed upon by both parties.
    Article 45th within the Realty Management area, water supply, power supply, gas supply, heating, sanitation, communication, cable television unit shall charge fees to the end user.
    Property management companies to accept the above units commissioned prior to collection costs, the Parties shall sign an agency agreement, client shall pay the appropriate fees shall be charged, Realty Management Enterprise shall not charge additional fees from the owners.
    Property management companies entrusted these units may not stop the appropriate services.
    Article 46th on law enforcement agencies to enter the Realty Management area when performing official duties according to law, the Realty Management Enterprise shall not be obstructed.
    Of violations within the Realty Management area planning, security, fire protection, environmental protection, property renovation, urban public facilities, landscaping and other laws and regulations, property management companies should stop, and timely reports to the relevant administrative departments.
    After the Administration received a report from property management companies concerned, they shall be processed. 47th the Realty Management Enterprise shall assist in security work within the Realty Management area.
    When an accident occurs, property management companies at the same time to take emergency measures shall be promptly reported to the relevant administrative departments, assist in rescue work.
    48th Realty Management Enterprise shall meet the street (Township people's Government) or residents ' Committee work.
    The relevant government departments, neighborhood offices (Township people's Government) or residents ' Committee shall support the normal operation and management the property management business services activities.
    49th article used in the Realty management activities in the rights and obligations of property owners and the property agree, but the owners shall not violate the laws, regulations and provisions of the Convention.
    Use in violation of these regulations and the owner of property the provisions of the Convention, the relevant owner shall bear joint and several liability.
    50th property administration departments, neighborhood offices (the Township people's Governments) should deal with property owners, owners ' committees and the use and complaints of property management enterprise in the Realty management activities.
    Properties in the fifth chapter uses 51st and maintenance within the Realty Management area in accordance with the planning and construction of public buildings and the sharing of facilities, without changing the application.
    Landlord law is absolutely necessary to change the public buildings and common facilities, shall inform the property management companies in the relevant formalities according to law after property management companies need to change the public buildings and common facilities, should be brought to the owners ' meetings after the adoption, according to relevant procedures.
    52nd owners, property management companies are not allowed to occupy or dig the road or site within the Realty Management area, damage to the common interests of the owners.
    Property or public interests for maintenance, owners needed a temporary occupation, mining roads, grounds, shall obtain the consent of the owners ' Committee and the property management company agreement of the property management company needed a temporary occupation, mining roads, grounds, shall obtain the consent of the owner's agreement.
    Owner, Realty Management Enterprise shall be a temporary occupation, mining roads and venues, during the term of contract, restitution.
    53rd water, electricity, gas, heating, communications, postal services, sanitation, and cable TV units, shall be liable within the Realty Management area pipelines and facilities, maintenance of equipment, maintenance responsibility, specific responsibility for repairs and maintenance shall be separately formulated by the municipal government.
    Units listed in the preceding paragraph due to repairs, maintenance, temporary occupation, mining roads, grounds, shall inform the management company, after the completion of restitution in a timely manner.
    54th owners need decoration of housing, shall inform the management company and to comply with relevant provisions of the State and this municipality. Realty Management Enterprise shall, in the decoration of the House prohibited acts and considerations and construction waste removal method to inform the owners and sign related agreements with the owners.

    Article 55th public maintenance funds should be paid according to regulations.
    Public maintenance funds are the owners of all, for use in the common property after expiration of the warranty parts, common facilities and equipment maintenance and renovation and transformation of large-scale common facilities and shall not be appropriated for other purposes.
    Public maintenance funds charge management of specific measures formulated by the municipal real estate administration, implemented after being approved by the municipal government. 56th line with the use of common parts, common facilities for business, it shall obtain the consent of the relevant owners, landlords, property management companies, the General Assembly agreed, in accordance with the provisions of the relevant procedures.
    The proceeds shall be mainly used to supplement public money for maintenance of the property, can also be used as decided by the general meeting. 57th entered within the Realty Management area of motor vehicles should be parked in accordance with the provisions in the parking lot or places set up a stop sign.
    Motor vehicle parking, duty of care, in accordance with the property management services contract.
    Article 58th property for security breaches, jeopardize public interests and the legitimate rights and interests of others, the person responsible shall timely maintenance responsibility fails to perform the obligations of maintenance, property management companies or owners ' Committee delegate maintenance maintenance maintenance, costs borne by the responsible person.
    When maintenance of the property, the owners shall cooperate because owners refuse to cooperate with, other property owners, property damage and loss of property, shall assume the liability. 59th units shall in accordance with the provisions of the warranty period and warranty, assume the warranty responsibility of property.
    Property of warranty repair, owner may entrust property management company is responsible for, or themselves.
    60th due to improper use or unauthorized modifications housing structures, equipment, location and quality problems caused by improper fitment or safety hazard by owners to undertake maintenance responsibility and legal liability.
    61st sixth chapter legal liability for breach of the rules, laws and regulations with clear penalties, from its provisions.
    62nd article violates these rules, property management companies property management service contracts were not real estate administrative departments for the record and given a warning by County real estate administrative departments, may be 1000 Yuan fine.
    63rd article violates these rules, property services property management enterprise upon termination of the contract does not transfer property management space, given a warning by city and County real estate administrative departments, and a fine of 10000 Yuan.
    64th article violation this approach provides, property administration sector or other about administration sector of staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) using positions Shang of convenience, received others property or other interests of; (ii) not law perform supervision management duties of; (three) found violations not investigation of; (four) other abuse, and negligence, and engages in of behavior.
    65th Party considered the violation of their legitimate rights and interests of a specific administrative act of the Executive, may apply for administrative reconsideration or bring an administrative suit.
    Seventh chapter supplementary articles article 66th these measures shall take effect on February 1, 2007.

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