Wuxi City Property Management Approach

Original Language Title: 无锡市物业管理办法

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(December 19, 2005 Wuxi municipal people's Government at the 46th Executive Conference review on December 26, 2005, Wuxi municipal people's Government, the 81st release come into force on February 1, 2006) Chapter I General provisions article to standardize property management activities, protect legal rights of property owners, occupiers and property management business, according to the management regulations of the State Council and the Jiangsu Province, property management and other relevant provisions of the Ordinance, this municipality actually, these measures are formulated.
    Second approach applies to property management activities within the administrative area of the city.
    New residential areas and facilities of the original residential property management should be made; complete facilities of existing residential areas and other properties, the implementation of property management.
    Article III Administrative Department of Wuxi City Housing Authority, property management, is responsible for the supervision and administration of municipal property management activities.
    City (district), the district people's Government is responsible for property management, property management, administrative departments administrative departments under the guidance of, responsible for the supervision and administration of property management activities in their respective jurisdictions.
    Municipalities and cities (counties), the district people's Government and other relevant departments, in accordance with their respective responsibilities, coordinate the implementation of these measures.
    Fourth Street (town) assist relevant administrative departments oversee property management activities, coordinate the relations between property management and community-building. Chapter II owners autonomous management article fifth owners by owners and owners ' Committee to implement autonomous management of the property.
    Small number of owners within the Realty Management area, property management organization by the owner itself.
    Sixth in the Realty management activities, the rights and obligations of the owners and the owners, the owner shall perform the duties of the Committee, in accordance with the management regulations of the State Council and the relevant provisions of the building management Ordinance in Jiangsu Province. Article seventh a Realty Management area set up an owners ' meeting. Owners ' Assembly made up of all the owners within the Realty Management area.
    Property management area have one of the following circumstances, it shall establish a general meeting: (I) homes for sale and delivery of a construction area reaching more than property management area total floor area of 50%, (ii) delivery of property construction area reached a total construction area of the Realty Management area 30% is less than 50%, but the use of more than one year.
    Only one owner, or a small number of owners and all the owners agree that decided not to set up an owners ' meeting, jointly by the owners of owners, owners of performance of Committee duties. Article property management areas in line with one of the situations listed in the first paragraph of the preceding article, the construction unit shall promptly to the local city (County), the property owner's written report to the General Assembly as proposed by the Administrative Department, and provide owners list of property construction area, documents such as property for sale and delivery time.
    Owner not to report, owners can also be directly to the local cities (counties), area property management owner a written request of the General Assembly as proposed by the Administrative Department.
    Cities (counties), area property management Administrative Department receives the employer and a written report or the owner of a written request, shall, together with the subdistrict office (town), guiding them to recommend the general meeting organizing Committee member for the first time to form the first general meeting organizing Committee (hereinafter referred to as the preparatory group). Preparatory Group by the representative of the owner, construction units.
    Members of the Organizing Committee determined, shall, within the Realty Management area notice notice not less than 7th.
    Nineth article preparatory group should do following work: (a) determine first owners Assembly Conference held of time, and locations, and form and content; (ii) reference property management administrative competent sector developed of model text, developed owners Assembly rules of procedure of the rules draft and owners Convention draft; (three) confirmed owners identity and owners in first owners Assembly Conference Shang of vote weights; (four) through directly nominated or take 10% above of owners joint recommended, way determine owners Committee members candidates;
    (E) make other preparations for the convening of the general meeting for the first time. Tenth General meeting owners of voting weights for the first time, residential property implements a one vote per 150 square meters building area of non-residential properties as one vote, less than 150 square meters, with each house ownership certificates for a ticket.
    Owners of a single weight must not exceed a maximum total weight of 30%.
    Owners voted in the second and subsequent owners determine the weight of, the owners otherwise provided by the rules of procedure of the General Assembly, from its provisions is not clearly defined, from the provisions of the preceding paragraph.
    11th date of the establishment of the preparatory group in the 30th, at the locations of the properties City (County) property management administrative departments, district and sub-district offices (town), under the guidance of convening of the general meeting for the first time, discussed by owners and owner conventions, such as the rules of procedure of the General Assembly, and elected an owners ' Committee.
    General meeting preparatory costs borne by the property owner for the first time.
    12th general meeting is divided into regular meetings or interim meetings. General meeting owners of regular meetings shall be in accordance with the provisions of the rules of procedure of the General Assembly to convene.
    Any of the following circumstances, the owners ' Committee shall promptly convene ad hoc meetings of the General Assembly: (a) 20% per cent proposed by the owner, (ii) a major accident or emergency events need to be processed in a timely manner; (c) the owners or the owners ' Convention rules of procedure of the General Assembly under other circumstances.
    Owner is not in accordance with the provisions of the Commission convene ad hoc meetings of the General Assembly of the Organization in a timely manner, the locations of the properties City (County) and property management administrative departments should urge the owners to convene a provisional meeting of the Committee.
    13th General meeting can take the form of brainstorming, you can also take the form of written comments and, if necessary, can also be collective discussions and written comments means for convening owners ' meetings. When brainstorming, owners of a large number of, buildings, units, floor units, the selection owner's representative participating in the general meeting, the employer's representative shall obtain the written authorization of the owners it represents.
    Present owners held representative on behalf of the owners of voting weights, the owners within the Realty Management area should be more than one-second of the total voting rights. When writing comments, should be consulted to every owner and publicity within the Realty Management area in a timely manner.
    Returns the views held by the owners of the voting weights, the owners within the Realty Management area should be more than one-second of the total voting rights. 14th General meeting convened by the owners ' Committee Chair.
    The owners ' Committee shall be notified in the meeting before 15th of all owners, and will be the main theme of the meeting, ways and time notice content within the Realty Management area. Residential property management area of the general meeting, shall inform the seat of city (County), the Administrative Department of property management and related neighbourhood.
    Location (s), the Administrative Department of property management and related residents can send people to attend the meeting.
    Need property management companies to attend the general meeting, head of the property management company or its authorized representative shall attend the meeting in writing.
    15th General meeting made the decision must be adopted by the participating voting weights more than one-second held by the owners.
    Owners to develop and modify the owners, owners of the Convention rules of procedure of the General Assembly, selection and dismissal of property management companies, special maintenance funds and continued the preparatory programmes, major decisions must be approved by all the owners within the Realty Management area which holds two-thirds voting weights more than.
    16th owners Committee elected by the general meeting, is the executive body of owners, accountable to owners, maintaining the lawful rights and interests of all owners.
    Owners Committee by 5 or more people under 15 are composed for a period of 3 years, shall be eligible for re-election.
    Head of the owners ' Committee, Vice Director of the owners Committee members elected.
    17th article owners Committee members should meet following conditions: (a) this property management regional within has completely civil capacity of owners; (ii) comply with national legal, and regulations; (three) comply with owners Assembly rules of procedure of the rules, and owners Convention, model perform owners obligations; (four) enthusiastic public career, voluntary for owners service, responsible strong, just clean, has social public letter force; (five) has must organization capacity, has necessary of work time.
    18th article owners Committee members has following case one of of, its owners Committee members qualification terminated: (a) for property transfer, and out lost, reasons no longer is owners of; (ii) for no reason absent owners Committee Conference continuous three times above of; (three) for disease, reasons lost perform duties capacity of; (four) has crime behavior of; (five) resigned allowed of; (six) refused to perform owners obligations of; (seven) for other reasons should not be served as owners Committee members of.
    Members of the owners ' Committee to resign and to the owners ' Committee or general meeting must give 2 months written notice.
    Vacancy for Member of the owners ' Committee according to the owners ' rules of procedure of the General Assembly by-election, but the number of such places, more than half of the members of the owners ' Committee shall convene a General Assembly election.
    Committee member terminates or the property was a by-election as a member of the owners ' Committee, the owners ' Committee shall give a written notice within the Realty Management area.
    Article 19th Committee since the date of the election in the 30th, owner's establishment, the owners of the General Assembly rules of procedure of the General Assembly rules and authority lists and other materials to property where the owner (s), property management administrative departments.
    Cities (counties), area property management elected according to law by the Administrative Department of the owners ' Committee issued the record certificate and seal engraving proof.
    Owners about changes of the content of the Commission shall, in accordance with the first paragraph of this article again for the record. Article 20th in term of 2 months ago, the Commission, shall inform the seat of city (County), the Administrative Department of property management, cities (counties), area property management Administrative Department shall, in conjunction with sub-district offices (town) timely guidance to convene owners ' meeting of the Assembly of the general election.

    New owner Commission within 10th of, relevant information of the original owners ' Committee shall be in the custody of, seal and others belong to the owners of property handed over to the new owners of Commission and doing other work.
    21st the owners, owners ' committees of the General Assembly decisions should be made public, of all the owners within the Realty Management area and is binding.
    Decision taken at the general meeting of owners, owners ' committees and shall not conflict with the laws, rules and regulations and must not harm the social and public interests. Article 22nd General Assembly and the work of the owners ' Committee funded by the owners as a whole; from the common parts, common facilities operating income payment, can also be shared by all the owners.
    Raising and managing of funds, the use of specific provisions of the rules of procedure of the General Assembly by the owner.
    23rd meeting of owners, owners ' committees shall cooperate with the public security organs, the residents ' Committee work together, should work together to maintain social order of the Realty Management area and other related work.
    Within the Realty Management area, the owners, the owners ' Committee shall cooperate with the relevant residents ' Committee of the General Assembly to perform autonomous management responsibilities, and neighborhood committees should also support the owners ' Assembly, the law worked.
    Residential property management decision taken at the general meeting of owners, owners ' committees and shall inform the relevant neighborhood Committee, and listen carefully to residents ' Committee's recommendations. Article 24th property management area, you can set up by street (town), police substations, neighborhood committees, owners ' committees, property management companies and other related entities ' participation in joint conference system.
    Subdistrict offices, where the joint meeting by the Realty Management area (town), coordination on the matter.
    Chapter preliminary estate management article 25th property owner at the time of application for planning permit of construction engineering, to local municipalities and city (County) property management division of Administrative Department in charge of Realty Management area requirements.
    Municipal and city (County) property management the competent administrative departments shall, in accordance with the relative independence of closed delimitation of property management, sharing of facilities and other relevant circumstances. 26th residential property construction units shall in accordance with property 4 per thousand of the total floor area of residential property management property management services provided free housing.
    Property management services and according to the relevant regulations of the State into the matching property for the construction of common facilities should be synchronized with the new property design, and construction.
    27th units in the property before the sale of the property, should be selecting a qualified property management companies through tenders, implementation of early stage property management; bidders with less than 3 or smaller properties, the locations of the properties City (County), approval of the Administrative Department of property management, selection by agreement with the corresponding qualification of the property management company. 28th early stage property management property management shall sign a written service contract to develop temporary owners ' Convention.
    Early stage property management services contracts and temporary owners ' Convention, should be told before the sale of the property is located in cities (counties), the Administrative Department of property management.
    The same within the Realty Management area, property management services contracts involving property purchasers in the early agreement of common interests should be the same. Residential property management services in the early 29th ordinary standards approved by the price departments.
    Stage property management companies or owner shall, within the scope of government guidance prices, and housing purchases in early stage property management services agreement in the contract fees.
    Determined to bid the prophase Realty service fees shall be submitted to the competent pricing authorities.
    Homes for sale and earlier in the month of the date of delivery of property management services, borne by property owner; homes for sale early next month to the date of delivery of property management services for property management services for expenses for the month the date of termination of the contract, by the purchaser in accordance with the housing property management services contract in the early stage property management service charge account.
    Article 30th property owner to apply for housing (sales) license for sale shall submit the property management service in the rooms, area and the common facilities of relevant information.
    Property owner and purchaser housing sales contracts, should stage property management service contracts, temporary owners ' Convention and housing property management services for purchase of should use and the common parts, common facilities and equipment quality, as an annex to house sales contract and pre-property management company inform house buyers.
    When the property owner delivering the House to house purchasers, property management services and property should be the common parts, common facilities and equipment, together with the identification.
    31st stage property management companies to undertake property, property management property management services in the region and should be the common parts, common facilities, such as the number of quality inspection and identification of water, electricity, gas, heating, lights, communications, pipeline and related facilities such as cable TV and the transfer of units.
    Property management services and property sharing parts, common facilities and equipment do not meet quality and quantity requirements, the Realty Management Enterprise shall not be taken over in the early.
    After the establishment of the owners ' Committee, early stage property management services and property Realty Management Enterprise shall be the common parts, common facilities such as inspection report the owners ' Committee. The fourth chapter property management services and expenses article 32nd property management company shall obtain a property management enterprise quality and qualification level engaged in property management activities within the scope of the license.
    Property management enterprise quality inspection and grading systems under management. The Realty Management Enterprise shall be equipped with the appropriate property management professionals, and other related professional and technical personnel.
    Professionals and other related professional and technical personnel should be in accordance with State regulations after obtaining the appropriate professional qualification certificates, and certificates.
    Article 33rd a property management areas can only be carried out by a property management company property management, property management companies up to the owners selected.
    Property management services before the contract is signed, the owners ' Committee shall be the following matters within the Realty Management area in public, listen to owners, and accept supervision by the owners, owners ' approval of the General Assembly, is responsible for the property management services contracts with the property management companies: (a) hire a property management company, (ii) be employed by property management enterprise's basic situation, (iii) proposed draft property management services contracts.
    Property management services contracts shall be based on an Administrative Department of property management publishing model, property management services, quality of service, cost of service, the parties rights and obligations, management and use of special maintenance funds, property, length of contract, breach of contract, such as the content of conventions.
    Property management service contract shall be in effect, terminated, or terminate within 15th of informing location city (County), the Administrative Department of property management. 34th article property management service contract in the of property management service matters main including following content: (a) property total with parts and property total with facilities equipment of daily conservation and management; (ii) property management regional within total with parts of cleaning; (three) public green, and flowers trees, of conservation management; (four) assist police sector maintenance property management regional within of public order, and set security warning logo, and for fire and traffic, matters of security prevention; (five) property decorative decoration of security performance, and
    Management services such as trash pickup and (vi) property file management.
    Agreed by the general meeting of owners ' Committee, you can arrange with the Realty Management enterprise content services other than in the preceding paragraph; property management company can also directly to the owners and users to provide services other than property management services contracts, owners and users of the other services provided by the property management company has the right to choose.
    Article 35th of the owners ' Committee shall expire in the property management services contracts 3 months ago, organized by the general meeting, and will take a decision whether or not to renew the contract of property management services, and 2 months in advance of a decision written notice to the property management company.
    Owners decided to reopen the Select property management company or property management services property management companies are reluctant to extend the contract, the owner shall, within 2 months of the Commission organization selects new Realty Management Enterprise.
    Property management service contract expires, selecting new Realty Management Enterprise is still unfinished, owners ' committees and the original consensus by the property management company, you can sign a term of not more than 6 months of interim management services contract, however, temporary management services contract for less, owners ' committees and a new selection of property management company for property management services contract, temporary termination of the management contract.
    Article 36th approved by the general meeting, the Realty Management Enterprise shall, upon receipt of the owners ' Committee dismissed dismissed 7th exits within the Realty Management area, and completed to the owners ' Committee or new recruits to surrender all property management property management enterprise archives, deposits from customers relating to cost, property management and property common facilities and so on.
    37th fee standard of property management services shall follow reasonable, fair, open and compatible with the Realty Management Enterprise Service level, service content principles.
    Article 38th Realty Management Services shall distinguish the nature and characteristics of the property, and Government guidance prices and market-regulated prices, respectively.
    General residential property management services subject to Government guided, specific standards by the owners after the owners ' meeting, the Commission agreed that, in the context of government guidance prices released by the Department in charge of price, property management services and property management enterprises stipulated in the contract. Non-ordinary houses and apartment buildings, office buildings, industrial parks and other property management service charge market-regulated prices.
    Fees, no owners ' Committee, developed by the unit or property management companies and property buyers in property management services stipulated in the contract; the owners ' Committee, after the owners ' meeting, the Commission agreed to by the owner, property management services and property management enterprises stipulated in the contract. Government guided by the price departments jointly determined by the Administrative Department of property management, published once a year.

    39th property management company according to the owner of an agency providing property management services contract services other than project services agreed by both parties. 40th property management service charge by the property management company in accordance with property management service contract fees and standards to the owners.
    And standard fees and charges should be made public to all owners.
    Property management company has entrusted the implementation of property management and the appropriate fee-for-service, and other departments and units may not to the owners or property using repeated charge health fees, security fees, the nature and content of the same.
    The owners agreed, taking of property management services to owners of property management enterprises.
    Owners and property users agree to use payment of property management service fee, their agreement shall prevail, but owners jointly and severally liable to pay the duty.
    41st property management services can take responsibility system or form of payment. Fees, Realty Management Enterprise shall, to the owners or all the announced properties services revenue and expenditure of the funds.
    Property services property management companies or owners ' meeting in accordance with the contract, hired professional property services-agency funding of annual final accounts and audit of the expenditure and revenue to the Realty service fees.
    42nd article within the Realty Management area, violations of the Pact, the Realty Management Enterprise shall stop and help correct owners ' Committee.
    Related violations of law and order, environmental protection and the use of property laws, rules, regulations, property management companies in combat at the same time, and shall promptly report to the relevant administrative departments.
    Article 43rd property management administrative departments shall establish a complaint handling system. Cities (counties), area property management after receiving complaints by the Administrative Department shall make admissibility of reply in 7th.
    Decision of admissibility, and should be investigated, verified, and since the date of the complaint in the 30th, will address the reply to the complainants. The complainant (s), property management administration disagrees with the opinion of the competent Department, written review may appeal to the competent administrative Department for city property management requirements.
    Municipal property management administrative departments shall from the date of receipt of the written review of the requirements in the 30th, will review comments to reply to the complainants.
    Fifth chapter of property use and maintenance article 44th property management services for owners in accordance with housing and property ownership of the common parts, common facilities and equipment or the right, the construction unit shall not be allowed to dispose of.
    Units to be able to prove their ownership of the parking lot, to be leased or sold.
    Article 45th property decorating the owner or occupier, shall inform the management company and abide by the Pact. Realty Management Enterprise shall, decoration of the premises prohibited behaviors and considerations inform owners of property or the use of human, and exercise supervision over property decoration activity. Property management company found that violate the provisions of decoration should be discouraged, stop immediately, and urged to correct it.
    Has caused property damage or discouraged and stop refusing to correct it, shall timely inform the owners ' Committee and reported to the relevant administrative authorities according to law.
    Property management companies in breach of the decoration regulations, owners or the owners ' Committee shall promptly report to the competent administrative departments according to law.
    Article 46th owners, owners ' committees and maintains responsibility of the Realty Management Enterprise shall, on its property maintenance on a regular basis.
    When property is a security risk, when jeopardize public interests and the legitimate rights and interests of others, the person responsible shall timely maintenance liability fails to perform the obligations of maintenance, owners Convention agreed by the general meeting or by direct agreement, maintenance or by property management companies to take emergency precautions, costs borne by the responsible person. When the property maintenance, property owners and users must cooperate.
    For refusing to cooperate with causing property damage or loss of property, the person responsible shall be responsible for rehabilitation or compensation.
    47th water, electricity, gas, heating, street lighting, telecommunications, cable television and other units, shall bear property management area pipelines and facilities repair and maintenance responsibilities.
    Prescribed in the preceding paragraph due to maintenance, conservation needs, temporary occupation, mining roads, grounds, should be restored in time.
    48th motor vehicles within the Realty Management area parking lots (garages), it should be used by owners within the Realty Management area and use of person, shall not transfer to the property management unit or individual from outside the region.
    Using the common parts, common facilities, sites such as parking, should the consent of owners, parking should be ordered, shall not affect the normal passage of other vehicles or pedestrians.
    49th within the Realty Management area owners or the owners ' Committee delegates the implementation of personnel management fees for parking services in accordance with standards established by the Department in charge of price.
    Belonging to all owners of all property of the common parts, common facilities, sites such as parking, parking space fee collection standards, by a general meeting with reference to the relevant provisions, considering occupancy with shared facilities the principles of reasonable compensation is determined. 50th by the relevant owners, owners, property management companies or the subject property management services contract, using the common parts, common facilities and equipment in operation, should be in accordance with the provisions of the relevant procedures. Operating income should be classified billing, accounting, mainly used for subsidy management services fee and supplement the special maintenance fund, it can also be used as decided by the general meeting.
    Operating income and expenses should be made public to all owners on a regular basis.
    51st property of special maintenance fund managed and used in accordance with the relevant provisions of the municipal people's Government.
    Chapter Sixth penalty 52nd owners and property users do not pay property management property management services in accordance with the contract services, reminders of property management enterprises is still not paid, property management companies plus late fees can be five out of 10,000 a day; the owners ' Committee shall supervise its deadline to pay overdue pay property management companies may initiate litigation to the people's Court or arbitration.
    53rd stage property management enterprises in violation of the second paragraph of the article 31st without authorization and took over property management areas that don't meet the requirements, the Department of property management administration rectification and fines of between 10,000 yuan.
    54th member of the owners ' Committee in violation of the law, regulations or ultra vires decision without authorization, owner the legal rights and interests, resulting in the loss shall bear the corresponding legal responsibility.
    55th article violates these rules, legal regulations otherwise penalties from its provisions.
    Violation of this Regulation shall be punished by other administrative departments, by the relevant administrative department in accordance with the provisions of relevant laws and regulations will be punished.
    56th property management administrative authorities or of any other relevant administrative departments who abuse their power, favoritism, neglectful of law by his entity or his upper level organs penalties constitutes a crime, criminal responsibility shall be investigated according to law. Seventh chapter schedule 57th article this approach in the about terms of meaning: (a) property, is refers to various housing and subsidiary of facilities equipment and related site; (ii) owners, is refers to property of ownership people; (three) property using people, is refers to property of tenant people and actual using property of other people; (four) property management, is refers to owners through selection property management enterprise, by owners and property management enterprise according to property service contract agreed, on housing and the supporting of facilities equipment and related site for maintenance, and conservation, and management, Maintenance related regional within of sanitation and order of activities; (five) total with parts, is refers to residential subject bearing structure parts (including based, and both inside and outside bearing wall body, and column, and beam, and floor, and roof,), and outdoor wall surface, and Hall, and stairs between, and corridor channel,; (six) total with facilities equipment, is refers to property management regional within by all owners common has and using of Shang water pipeline, and downspouts, and tank, and pressure pump, and elevator, and unit security doors, and antenna, and power line, and total with lighting, and fire facilities, and green, and road, and
    Street, Canal, Ikei, non-operating car parks, public cultural and sports facilities and common facilities used for housing. 58th article this way come into force on February 1, 2006.
                                        In residential areas, Wuxi municipal people's Government promulgated on June 25, 1996, the interim measures at the same time repealed.