Provisions In Residential Property Management In Shenyang City

Original Language Title: 沈阳市住宅物业管理规定

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(October 24, 2005, Shenyang city people's Government, the 46th Executive Conference review on November 16, 2005, Shenyang city people's Government, the 44th release come into force on January 1, 2006) Chapter I General provisions article in order to regulate residential property management activities, maintaining the lawful rights and interests of the owners and property management companies, and improve the people's living and working environment, according to State Council regulations of the property management, combined with the city's actual, these provisions are formulated.
    Article in the residential property management activities in the administrative area of the city, these provisions shall apply.
    Article in residential property management in these rules refers to residential areas, the owners through the selection of property management enterprise, run by owners and property management companies in property service contract, for housing and related facilities and related equipment for maintenance, conservation, management, and maintenance activities related to environmental health and order in the region.
    Owners in these rules refers to the owner of the House.
    Property used in these rules, and refers to the property of the lessee or the actual use of the property of others.
    Property management enterprise in these rules, refers to the establishment of an independent legal entity, enterprise engaged in the activity of property management services.
    Fourth municipal real estate Bureau is the property management activities of the Administrative Department, in charge of the supervision and management of municipal property management activities.
    District and County (City) property Administrative Department is responsible for the day-to-day supervision and management of property management activities in their respective jurisdictions.
    District and County (City) people's Government and the subdistrict office (Township people's Government) to supervise and administer the property management activities within their respective jurisdictions. Second chapter owners Assembly and owners Committee fifth article property management regional, should according to property of total with facilities equipment, and buildings scale, and community construction, factors divided, new residential district, in housing pin (pre) sale zhiqian, units should to district, and County (City) property administrative competent sector proposed divided property management regional of requirements, units should to housing buy by people told property management regional divided situation.
    Residential construction by phases, its supporting facilities and equipment to share, should be classified as a regional property management; unpartitioned or need to adjust the Realty Management area, district or County (City) property Administrative Department shall, in conjunction with sub-district offices (the Township people's Governments) divided. A sixth section only the Realty Management area set up an owners ' meeting, and elected an owners ' Committee.
    Same property management area, calculated according to the set of residential housing, owner occupancy rate reaches above 50%, surrendered or residential homes for sale, and two years after the date of delivery, should be determined by the locations of the properties real estate administrative departments, in conjunction with guiding them to the subdistrict office representatives and construction units, a general meeting organizing Committee, organized by the general meeting, elected the owners ' Committee.
    Owners should be depends on the construction and owner occupancy to elect members of the owners ' Committee. Article seventh at the first general meeting of the voting weights residential units according to their own calculations, each House for a vote.
    Residential area of non-residential property owners in the first general meeting of voting weights, calculated according to the area of the property in its possession, not exceeding 100 square meters with a separate housing for one vote more than 100 square meters, more than 100 square meters each, one vote; the excess does not count of less than 100 square meters.
    Single owner holds the right to vote at the general meeting shall not be more than 30% of total votes, the remaining voting rights in accordance with the other owners in proportion to other owners of the total voting rights.
    Eighth General meeting can take the form of brainstorming, you can also take the form of written comments; it should be held within the Realty Management area 1/2, owners of the right to vote. General meeting decisions must be adopted by the participating least 1/2 voting rights held by the owner.
    Owners develop and modify owner Convention, owners, property management enterprises in hiring and firing decisions on rules of procedure, must be approved by the voting rights held by all the owners within the Realty Management area at least 2/3.
    Owners make use of special maintenance funds and continued the preparatory programme, the General Assembly decided, subject to the property within the scope of all the voting rights held by the owner at least 2/3.
    Nineth owners should develop a general meeting of the General Assembly's rules of procedure, on the owner's mode of procedure of the General Assembly, voting procedures as well as owners ' Committee fund raising, management, use and other matters agreed. Tenth owners Committee, Deputy Director of the members elected. Members of the owners ' Committee made up of more than five persons in the singular. Members of the owners ' Committee shall hold office for three years and may be re-elected.
    Changes during his tenure should be timely by-election.
    Members of the owners ' Committee must fulfil owners ' obligations, fair and honest. Article 11th general meeting, shall be notified in the meeting before 15th of all owners.
    And inform the local district or county where the property (City) real estate administrative departments and neighborhood offices (Township people's Government).
    12th general meeting of owners, owners ' committees making decisions in violation of the law, statutes, regulations, and district and County (City) real estate administrative departments shall be ordered to correct or reverse its decision and notify all owners.
    13th General meeting of owners, owners ' committees shall cooperate with the public security organs, in collaboration with the Community Committee, should work together to maintain social order within the Realty Management area and other related work.
    General meeting, the Committee shall cooperate with the community committees to perform autonomous managerial responsibility, support for community work, and receive guidance and supervision.
    Owners, owners ' committees of the General Assembly to make a decision, it shall notify the Community Council, and carefully listen to the views of the Community Committee, recommendations.
    Chapter preliminary estate management article 14th owners, owners ' meeting before selecting Realty Management Enterprise, the construction unit shall by way of bidding selection of qualified property management companies, the prophase Realty service contract entered into in accordance with law, of property management enterprises were employed by early stage property management.
    15th owner of residential property shall be by way of bidding selection of qualified property management enterprises; bidders with less than 3 or less than 50,000 square meters, by district and County (City) real estate administrative departments approved selection by agreement with the corresponding qualification of the property management company. 16th real estate property management companies and construction units to take acceptance, should be the common parts, common facilities and equipment for inspection.
    Inspection finds problems, the unit is responsible for, and by the transfer of written determination on both sides.
    Units shall in accordance with State regulations and warranty the period of warranty, assume the warranty responsibility of property. 17th article handle property undertake acceptance procedures Shi, units should to property management enterprise transfer following information: (a) completed total 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) property management with room, and housing sale contract model text, and owners temporary Convention, and
    Written commitment required for property management, such as additional information.
    Realty Management Enterprise shall, upon termination of the prophase Realty service contract to hand over the information to the owners ' Committee. 18th construction units should be sold (pre) before the property for sale, develop the temporary owners Convention, and signed by the buyer when the contract of sale of commercial housing, the buyer expressly, and description.
    Buyer shall make written commitments to abide by the temporary Convention.
    The temporary Convention property should be used, maintenance, management and owners of the common interest, the owner shall perform the obligations, violations of the temporary owners shall bear the responsibility of matters such as the law of the Convention agreed, shall not infringe the property the buyer's lawful rights and interests. 19th construction units with property buyers signed the sale contract shall contain preliminary estate management services contract.
    Property management services contract in the early construction should be expressly the property to the buyer. Article 20th units shall in accordance with the standard on not less than the total floor area of the property 0.3% property management space, but shall not be less than the total area of 150 square meters.
    Property offices and owners ' committees of office space should be set above the ground housing, with conditions such as water, electricity and heating. No unit or individual is allowed to change management with the use of.
    Change shall be agreed by the general meeting, and shall go through the relevant formalities.
    Article 21st the owners shall enjoy the common parts, common ownership or use of facilities and equipment, construction and property management companies are not allowed to dispose of. 22nd has been built within the Realty Management area of development and construction of the remaining problems, dealt with by the relevant administrative authorities.
    Owners ' committees, development of property management enterprises-building legacy shall promptly report to the relevant administrative departments.
    23rd Realty Management Enterprise shall, on the service contract, services, fees, and take the property of the relevant public, accept the property, where the property owners and their administrative departments and related departments supervise. 24th Realty Management Enterprise shall, in the fourth chapter property management services business after the business license issued by the administrative departments, submitted to the municipal real estate administrative departments approved property qualifications apply.
    Meet the requirements, qualification certificate issued by the Department of municipal real estate administration. 25th General meeting can by bidding or by agreement of hiring a qualified property management companies.
    Owners ' Committee shall be selected by the property management company established by the General Assembly with the owners property services contracts.
    Signing the Realty service contract demonstration text can refer to the Ministry of construction, agreed range of property services, services, fees, mutual rights and obligations, liability for breach of such content. Article 26th City real estate administrative departments shall establish a sound market service system of property management, property management enterprise natural conditions, qualifications, management projects, credit to the public, merit selection for the owners and businesses to create conditions of fair competition.

    27th property management companies charge a service fee shall follow the principle of fair, open and compatible with the service level of, and to distinguish between different properties of nature and characteristics of government guidance and market-regulated prices.
    A Government guided by the municipal pricing administrative authorities together with the municipal real estate administrative departments according to the service level standard of property management and other factors specific charges.
    According to the owners of property management enterprise engaged to provide property services except as provided in the contract of services paid by both parties to determine. 28th Realty service fees, according to the Realty service contract, paid by the owner.
    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.
    Have completed the sale and check properties, property services property buyers pay all the charges. 29th the Realty Management Enterprise shall assist the public security organs to do security work within the Realty Management area.
    Hire security personnel shall undergo professional training, and accept the supervision and management of the public security organs.
    Article 30th property management company together with all matters of property management property management areas may not be delegated to others.
    31st residential areas when the early termination of the contract, should consist of street sanitation and garbage collection within the residential zone management and failure to implement property management residential health fee charges to the owners ' Congress has selected a new Realty Management Enterprise.
    Fifth chapter property using and maintenance 32nd article property using ban following behavior: (a) damage housing bearing structure; (ii) damaged or unauthorized occupied property total with parts, and total with facilities equipment, mobile total with equipment; (three) damage housing appearance; (four) illegal built buildings, and structures; (five) unauthorized change property of using nature; (six) occupation green, damaged flowers trees; (seven) free Park vehicles; (eight) free stacked, and dumping or abandoned garbage, and debris;
    (I) the violation of regulations in the production, storage, management of flammable, explosive, poisonous, radioactive materials, emission of toxic and harmful substances or in excess of the prescribed standards of noise; (10) set up stalls without authorization and (11) other behaviors prohibited by laws, rules and regulations. Landlords, property management companies, owners ' committees have found behavior in the preceding paragraph, should be discouraged and stop.
    To discourage and prevent refuses, and report to the relevant administrative departments, the relevant administrative departments shall deal. Article 33rd water supply, power supply, gas supply, heating, communications, cable TV and other units, shall be liable within the Realty Management area pipelines and facilities repair and maintenance responsibilities.
    Responsibility is divided up as follows: (a) the water supply: pipeline valves and valves within the first part of the landlord is responsible for, the remaining part by water supply companies. (B) drainage facilities: residential construction of drainage pipe and manhole red line (excluding pipelines) by owner; other than by the municipal departments.
    Residential septic tank owners clearing out, removal.
    (C) gas supply facilities: responsibility of the gas sector, maintenance, renovation costs in accordance with the relevant provisions.
    (Iv) heating: the heating company is responsible for. (Five) power facilities: low voltage overhead line maintenance management of boundaries points for user wall add-ins households line and user of joint, as no joint to wear wall casing outside end 200 mm at for boundaries points, boundaries points within by owners is responsible for (housing property units), boundaries points yiwai of power facilities maintenance management by power sector is responsible for; distribution substation distribution out of low voltage cable to cable terminal residential power cabinet (switch box) within main low voltage knife gate load side contact and the low voltage 0 bus contact to load side 200 mm for boundaries points,
    Demarcation points managed by the electricity sector, cut-off point by the owners of the following (property) shall be responsible for.
    (Vi) communications: Communications Department.
    (VII) CATV facilities: by cable television departments.
    The landlord is responsible for repair and maintenance may be entrusted with implementation of maintenance of property management enterprises. Article 34th without authorization, no unit or individual is allowed to occupy or dig the road or site within the Realty Management area. Owners, property management companies, is absolutely necessary to temporarily occupy or dig the roads or places shall be agreed with the consent of the owners Committee; the other units or individuals shall obtain the consent of the owners and property management companies, the Committee agreed.
    Upon completion of the temporary occupation, mining roads and sites, to be restored in time. 35th vehicles parked within the Realty Management area, fees and management matters, decided by the general meeting. Owners decide to charge for parking, and may refer to the price charge standard fees specified by the Department. General meeting before the establishment of vehicles parked within the Realty Management area, which fees shall be executed in accordance with the provisions of the price Department.
    Owner of vehicle storage requirements, kept by owners and property management companies sign a contract.
    Police, fire, rescue, ambulance, sanitation and other duties in special vehicle park within the Realty Management area, shall not be charged.
    Parking within the Realty Management area shall not affect the normal passage of other vehicles or pedestrians. Article 36th when decorating the House, shall inform the management company.
    Realty Management Enterprise shall, in the decoration of the House prohibited behaviors and considerations inform the owner in writing.
    37th property for security breaches, when jeopardize public interests and the legitimate rights and interests of others, the person responsible shall timely maintenance, the owners concerned should cooperate.
    Liability fails to perform the obligations of maintenance, agreed by the general meeting, by the maintenance of property management enterprises, costs borne by the responsible person.
    Article 38th residential properties, residential area of non-residential properties or single residential building structures connected with the non-residential property owners, should be in accordance with the relevant provisions of the State paying special maintenance funds.
    Special maintenance fund owners owned, for use in property after the warranty expires the property common parts, common facilities and equipment maintenance and renovation and transformation may not be diverted to any other use. 39th sixth chapter legal liability for breach of the provisions of the administrative law enforcement departments by the city administration and the Housing Executive sector sanctions or administrative departments in accordance with the Division of responsibilities and management.
    Constitute a crime, criminal responsibility shall be investigated according to law: (a) construction of residential property is not by way of bidding selection management enterprises or unauthorized, without selection by agreement of property management enterprises, rectification and give a warning, and may be fined not more than 100,000 yuan.
    (B) the employer allowed to dispose of property belonging to the owner the common parts, common facilities of the ownership or the right to, fines of between 50,000 yuan and 200,000 yuan; causes losses to the owners, the violator shall bear liability.
    (C) it does not hand over the information, rectification; late still does not hand over the information, construction and property management companies to report, fines of between 10,000 yuan and 100,000 yuan.
    (D) has not obtained the qualification certificate to engage in property management, confiscate the illegal gains and fines of between 50,000 yuan and 200,000 yuan; causes losses to the owners, the violator shall bear liability.
    (V) misappropriation of special maintenance funds, misappropriated the special maintenance fund, give a warning, confiscate the illegal income, can be misappropriated and fined not more than twice times the amount property management corporate embezzlement of special maintenance fund, if the circumstances are serious, revoked the certificate of qualification.
    (Vi) construction within the Realty Management area are not necessary pursuant to the provisions of property management space, give a warning, rectification, confiscate the illegal income, and to a fine of up to 100,000 yuan and 500,000 yuan.
    (VII) without the consent of owners, property management companies change management with use, give a warning, rectification, and to a fine of up to 10,000 yuan and 100,000 yuan; proceeds, proceeds for the property within the Realty Management area shared parts, common facilities and equipment maintenance, conservation and the rest used as decided by the general meeting. (H) changing within the Realty Management area according to the planning and construction of public buildings and the use of shared facilities; allowed to occupy or dig the road or site within the Realty Management area, damage to the common interests of the owners and give a warning, rectification, of individuals of less than 1000 Yuan and 10,000 yuan fine, the unit fines of between 50,000 yuan and 200,000 yuan.
    Proceeds used within the Realty Management area the common parts, common facilities and equipment maintenance, conservation and the rest used as decided by the general meeting.
    (I) the employer fails to perform or delay in the fulfilment of the warranty obligation, the ordered corrective action and fines of between 100,000 yuan and 200,000 yuan, and losses due to quality defects during the warranty period of liability. (10) all property management property management companies within the Realty Management area be entrusted to another person, the rectification, commissioned by 30% 50% of the above contract price fine; the circumstances are serious, revoked the certificate of qualification.
    Proceeds from the delegate used within the Realty Management area the common parts, common facilities and equipment maintenance, conservation and the rest used as decided by the general meeting; causes losses to the owners, the violator shall bear liability.
    40th article violates property services contract, the owner fails to pay the service fee, the owners ' Committee shall supervise its deadline to pay; if not paid, property management companies can bring a lawsuit.
    41st owners on behalf of the owners or the owners ' Committee, engaged in illegal activities constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, they shall be given administrative penalties for public security.
    42nd article violates these provisions, real estate administrative departments or other administrative departments concerned used the convenience of duty and accepting other people's property, or other benefits, does not perform its functions of supervision or that the violation is not investigated as to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law. The seventh chapter by-laws

    Article 43rd non-residential property management activities can be a reference to these provisions.
                          44th article of the regulations come into force on January 1, 2006.