Jilin City Property Management Regulations Implement Rules

Original Language Title: 吉林市物业管理条例实施细则

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(November 29, 2006, people's Government of Jilin city, the 65th General Meeting announced on November 29, 2006, people's Government of Jilin city, the 176th since January 10, 2007) in Jilin city, first for the implementation of the building management Ordinance (hereinafter referred to as the regulations), combined with the city's actual, these rules are formulated. Second article Ordinance third article subsection (five) items provides of property management regional of divided principles: (a) supporting facilities equipment total with of, designated for a property management regional; (ii) is located in same community or location near of property, designated for a property management regional; (three) original residential property boundaries has natural formed, and no dispute of, designated for a property management regional.
    Also can according to original property units management of residential property divided; (four) trade, and Office, and hospital, and school, and factory, and warehouse, non-residential property and the single building business live buildings has independent total with facilities equipment, and can closed management of, designated for a property management regional; (five) city, and County (City) property management administrative competent sector think has necessary designated for a property management regional of.
    Divides the region by building property management unit or apply to the owners ' Committee, city and County (City) property management division of administrative departments. Third urban property management property management in the administrative departments in charge of the area of supervision, guidance, coordination, and implementation.
    In addition to performing duties of the fourth article of the regulations, should also assist the competent administrative departments of municipal property management property management enterprise quality management, maintenance funds, property management bidding, property management division and other related preparatory work.
    Street (Township people's Government) is responsible for organizing the implementation of autonomous management and disposal pipes in residential property management.
    Fourth associated with property management activities within the administrative area of the city of water, sanitation, electricity, heating, Garden, cable TV and other professional management unit (hereinafter referred to as specialized management unit), are required to comply with the Ordinance and these rules. The fifth article sixth of the articles according to the Ordinance, property management in accordance with the following provisions: (a) the new construction of residential property must, through bidding selection property management company or agreement, the implementation stage property management.
    General meeting after the establishment of Congress has selected enterprise property management property management by the owners.
    (B) the existing residential or non-residential property management is not enforced, single property units, implementation of property management organized by the property unit; number of property units, by the owners of property in the area accounted for more than one-second units or organize the implementation of property management; property units that no longer exist, by the subdistrict office (Township people's Government) organize the implementation of property management or the management of autonomy. Sixth stage construction of residential properties, owners of first occupancy of this building is more than the total floor area of 50%, you can set up an owners ' meeting.
    Later owners staying at the eighth article of the regulation conditions are met shall be reconvened general meeting. Conditions of the seventh General meeting of owners was established for the first time, at the County (City), the Administrative Department of property management under the Organization, by the representative of the owner, the construction unit (including public housing flats), first general meeting organizing Committee, responsible for the preparatory work for the owners ' meeting for the first time, the Organization held its first general meeting.
    Community neighborhood Committee may attend the general meeting for the first time.
    Cost of eighth held its first general meeting in accordance with the following provisions: (a) undertaken by the development project construction of new residential and non-residential properties, (ii) have been built for more than a year of residential and non-residential property owners. Nineth owners ' General Assembly meetings, the activity requirements, necessary office expenses, related personnel benefits and so on, from the Realty service fees or property in the common parts, common facilities operating income expenses.
    And the owners agreed in the rules of procedure of the General Assembly.
    Every six months, the owners ' Committee activities should be a breakdown of usage within the Realty Management area bulletin, accepted owner supervision and inspection. Article tenth Convention is binding on all the owners within the Realty Management area.
    People against the landlord-owners and non-owners Convention, other owners and non-owners to use legal, owners ' committees and the Realty Management Enterprise shall dissuade, deter related owners and non-owners who may prosecute according to law. The 11th term of the owners ' Committee for 2-3 years, specific terms should be in the owners established in the rules of procedure of the General Assembly. Owners ' committees generally are composed of 3-15 people. In accordance with work requirements, you can hire 1 the Executive Secretary.
    The Executive Secretary may not be owners within the Realty Management area.
    12th article owners Committee should since election produced of day up 30th within, holding following material to County (City), and district property management administrative competent sector record: (a) owners Assembly established situation material; (ii) property management regional basic situation material; (three) owners Committee candidates recommended approach, candidates list and the identity proved; (four) owners Committee election approach; (five) owners Convention and the owners Assembly rules of procedure of the rules; (six) owners Committee composition personnel situation material.
    13th the owners ' Committee shall establish the activity file, file include the following: (a) written materials of the Conference, (ii) an owners ' Committee elected, filing materials; (c) property services contracts and (iv) business the original certificate (v) maintenance funds balance the original documents; (vi) the owners Committee believes that need archiving materials. 14th article owners Committee except perform Ordinance seventh article second paragraph provides of duties outside, in following situation Xia, perform Organization held owners Assembly temporary Conference of duties: (a) 20% above owners proposed of; (ii) occurred major accident or emergency situation need timely processing of; (three) owners Committee members changes, need by-election of; (four) for property management regional change, reasons led to owners Assembly dissolved of; (five) lifted property service contract, and
    Selecting new property management company or other management; (vi) the owners or the owners ' Convention rules of procedure of the General Assembly under other circumstances.
    The owners ' Committee shall assist property management companies charge service fees. 15th article fails for any reason the owners ' Committee re-elected, County (City), the Administrative Department for property management to guide the work of the General.
    In the meantime, the owners ' Committee shall continue to perform their duties, until the new owners Commission so far.
    16th owners Committee failed to perform their duties, County (City), the district administrative authorities shall order the property management is not correct, 20% more than the owners proposed that the general meeting may be convened, re-elected member of the owners ' Committee.
    17th property management companies must be in accordance with the regulations section 11th qualification certificate, within the approved level of qualification in the Realty management activities, and participate in annual inspections.
    No unit and individual shall forge, alter, rent, lend, transfer of property management enterprise qualification certificate.
    Real estate management matters such as the name, the legal representative of the enterprise changed, shall within the 15th for qualification after business license change change procedures.
    Property management certificate must be explicitly in the offices of property management enterprises.
    18th field property management company engaged in property management activities in the administrative area of the city, shall hold a certificate and other relevant information submitted to the municipal property management administrative departments.
    Article 12th to 19th, in accordance with the Ordinance, property management professionals refer to property management company's managers, Department managers, project managers, managers (excluding financial and engineering personnel of the post).
    Property management professionals obtained the professional qualification certificates shall not alter, lease, lend, transfer of vocational qualification certificates. 20th property services contract before the expiration of 90 days, do not renew their contracts by the owners with the Realty Management Enterprise consultations, upon termination of the Realty service contract, property management companies to exit the property management. And by following provides implementation: (a) property management enterprise should according to property service contract of agreed, provides property service to contract terminated of day, owners should according to property service contract of agreed full pay property service costs to contract terminated of day; (ii) property management enterprise should in exit property management 30th Qian, announced property service costs of payments situation, and will has charged of beyond service term part of costs returned related owners; (three) property management enterprise should in exit property management Qian 10th within,
    Committee handed over to the owner of a property maintenance, maintenance, updating, adaptation and other technical information.
    21st property services contract is not full, the general meeting of owners or property management company proposes to terminate the contract should be 30th in advance written notice to the other party. Owners and property management companies with property management disputes, both sides can be resolved through consultation and negotiation, can apply for arbitration or initiate litigation to the people's Court according to law.
    During the arbitration or litigation, the owner shall, according to the Realty service contract, the contract to pay the Realty service fees, property management companies may not terminate the property management services.
    The 22nd General meeting of owners or the owners ' Committee and the property management company when signing the Realty service contract, be assured of relevant provisions of the legitimate rights and interests of both sides. 23rd article owners Assembly no selection to new of property management enterprise, or by owners Assembly decided not selection property management enterprise, and implemented autonomy management of, owners Committee should perform following management duties: (a) Organization Management regional within (containing corridor) environment health cleaning cleaning work; (ii) maintenance management regional environment order and green conservation; (three) is responsible for housing and the road, and brick, total with facilities equipment of conservation and maintenance; (four) is responsible for reception owners repair,
    Receive owners and management service costs of collection, management and use.
    Owners Committee in the performance of the preceding paragraph (a) duties may also appoint environmental health services unit is responsible for, cost standards as required by the environmental health service units directly to the owner.
    Article 24th of owners autonomous management, the owners ' Committee shall in the street (Township people's Government) under the direction of the Organization, supervision and enact autonomous conventions and to local streets (Township people's Government) record.
    Autonomy matters including management Convention (housing body common parts maintenance and septic tank cleaning out etc), quality of service, service fees, rights and obligations of both sides, special maintenance fund, property management, personnel benefits, liability for breach of the owners ' Committee and other content.
    Service costs are based on a gross floor area not less than 0.3 Yuan per square meter standard by owners Committee collected from the owners.
    25th article property management regional within failed to established owners Assembly, cannot selection property management enterprise or no implementation owners autonomy management of, County (City), and District Government should timely organization subdistrict offices (Township government) do following work, by occurred of costs by benefit owners according to actual costs or sharing costs to service units pay: (a) cleaning cleaning and garbage removal (containing of manure pool clear cut); (ii) Green maintenance; (three) property total with parts daily conservation.
    26th construction project is completed, the plans lack of actual building area of property management standards prescribed by the second paragraph of the article 21st of the regulations, the construction unit shall, in accordance with the required standards to complement the existing homes. Reasons such as a phased construction, the construction units temporarily fail to provide housing to the required standard, should provide temporary housing for property management to property management companies.
    And County (City), the Administrative Department of property management property management housing commitment.
    Planning, design and construction management of development project construction is not used, no pre-sale permit issued by the competent administrative Department of real estate.
    27th development property management housing units shall in accordance with the following criteria: (a) such as water, electricity, heating, sanitation must have normal use; (b) in the community of configuration facilities such as telecommunications, cable television, broadband, shall, within the property room reserved ports, with normal use.
    28th rooms should be arranged in 10% area property management for owners ' Committee office space, but generally not less than 20 square meters, or more than 50 square meters. 20th to 29th article in accordance with the Ordinance provides that the unit must be by way of bidding selection implementation stage property management property management enterprises. Construction unit as a tenderer may themselves or authorize a procuratorial Agency for property management in the early bidding. And in accordance with the following procedures: (a) the preparation of tender documents (demonstration text formulated by the competent administrative Department for city property management, including property and service requirements, the tender notice, the tender document preparation and submission, bid opening, bid assessment, calibration and deposits.
    ) (Ii) tenders for the record, (iii) issue a tender announcement or invitation for bids; (d) bidders submit bids; (v) bid opening, bid assessment; (vi) determining the winning bidder, bid notices issued; (VII) bid for the record.
    When the tenderer in the tender for the record, not fraud, collusion.
    Article 24th to 30th in accordance with the Ordinance, residential property owner failed bid selection implementation stage property management property management enterprises or agreement and for the record, city, (County) City real estate no pre-sale permit issued by the Administrative Department.
    In accordance with the regulations of article 24th, the construction unit shall, together with the selection of property management company the prophase Realty service contract, and when the sales of commercial housing, the prophase Realty service contract together with the contract of sale of commercial housing sales to property buying people express. Related ads issued by the employer and property management services shall be truthful and lawful.
    No deceptive advertising.
    31st article was selection of property management enterprise in signed early property service contract to owners handle staying procedures during, should for good following work: (a) organization about professional technicians representative owners supervision property total with parts, and total with facilities of construction quality and supporting construction situation; (ii) according to property management of requirements, proposed improved property of specific design recommends; (three) for property undertake acceptance, and received transfer of related information; (four) do owners staying procedures of handle.
    Article 32nd property management areas when you meet the following conditions, the construction unit shall be filed with the County (City), property management property to the administrative authorities to undertake inspection applications.
    (A) construction engineering of public equipment, and facilities supporting complete, and meet planning design and the about specification requirements; (ii) completed acceptance qualified, and acceptance information complete; (three) has meet provides of property management with room; (four) total with equipment, and facilities run normal, and intact, and by acceptance qualified; (five) building muck, and garbage, and construction machines and various temporary building cleanup finished.
    33rd article County (City), and district property management administrative competent sector should timely organization by development units, and property management enterprise and owners representative composition of acceptance group, according to following provides for property undertake: (a) identification housing and the facilities equipment, and for good identification records; (ii) on identification in the found of problem, development units should written commitment repair of time, and responsibility sector and repair reached of standard; (three) acceptance Hou, units and property management enterprise should signed property undertake acceptance agreement.
    Property, property management, undertake acceptance agreement model by administrative authorities.
    The 34th construction units in the property when it is completed, should be in accordance with 2% of the total cost of construction and installation standards, disposable to city and County (City) property management administrative departments to pay housing warranty payments deposited in banks, as the cost of property maintenance guarantee. Housing repair fund special account for implementation of quality storage, in accordance with national demand carry interest at a rate over the same period.
    By regulation after the expiry of the warranty return.
    After the owner paid housing warranty payments, property management companies to owners check in.
    35th article according to Ordinance 23rd article provides for property undertake Hou, units should to property management enterprise transfer following information: (a) property management regional of completed total plane figure, monomer building, and structure, and equipment completed figure, supporting facilities, and underground tube network engineering completed figure, 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) units generation received of property special maintenance funds of details information;
    (E) the laws, regulations and other information. During the 36th in the stage property management, unit or property management company proposes to terminate the prophase Realty service contract, 30th to inform each other in advance.
    Employer must go through the original way to hiring a property management company, the original property management companies to exit.
    Original property management companies property management project, should be handed over to the owner the rules article 35th of the relevant information.
    37th warranty, repair and maintenance of residential property by the units responsible for. After the warranty expires, residential property owners to use their own location, facility owners.
    The common parts, common facilities (including septic tank cleaning out) daily maintenance by property management companies responsible for costs of property owners to pay service fees were charged. Common parts, common facilities and equipment costs of repair, renovation, property owners pay in maintenance funds to pay.
    No maintenance money, by the beneficial owners in accordance with maintenance requirements prorated. The 38th article of the Ordinance 19th of article to the property of the buyer's property is defined, owner or non-owner who receives notification of the stay, and completing the appropriate formalities, and the owner or non-owner occupiers after receipt of the stay for a limited period (not less than 60 days), without a legitimate reason not to go through the relevant formalities, are considered to be handed over to the buyer of the property.
    The unit or property management company without prior written notice, to owner or non-owner uses the actual check-in procedures is deemed to deliver the property buyer.
    39th owner or non-owner occupiers use shall be in accordance with the planning and design of the House and garage, without changing the use use of the House or garage.
    Owners really need to be changed to use use, before going through the formalities to the relevant departments, should ask the written consent of the owners and property management companies. 40th residential, non-residential property owners have an obligation to repay the common parts, common facilities for repairs, redecoration and cleaning.
    Property security breaches or appearance by city standards needed for residential, non-residential property outside walls whitewashed, the cleaning, the owner shall be timely maintenance, window dressing, washing.
    For failing to timely repair and maintenance resulting in accidents or other problems, according to the property ownership of the common parts, common facilities and equipment ownership, the owners responsibility.
    41st article in accordance with the regulations set forth in the 25th, 26th, and no unit or individual is allowed to occupy within the Realty Management area shared by the owners of the common parts of the property. Construction and property management companies are not allowed to lease, sell, lend within the Realty Management area shared by the owners of the common parts of the property. Use of common parts, common facilities operating, should be with the consent of the relevant owners, owners ' consent, according to the provisions of the relevant procedures.
    Proceeds in accordance with the decision of the general meeting. 42nd professional management units should be provided for by Ordinance of the 27th shall assume pipelines in property management and facilities maintenance responsibilities. Classification principles are as follows: (a) the maintenance responsibility of water supply, drainage, fire fighting facilities. Water: tap water into households pipeline to meter (containing meter) yiwai part by water company is responsible for; drainage: property management regional planning red range yiwai of drainage pipeline (containing scenting well) and the city public drainage facilities (containing handover well) by city drainage conservation units management maintenance; original residential property (monomer building,) of manure pool (not containing of manure pool) yiwai of drainage pipeline by city drainage conservation units management maintenance; fire: residential of water tube network and the tube online set of underground type fire well, and fire tied,, Maintained by the water sector management, public security Fire Department inspection, (ii) the gas supply, heat supply facilities maintenance responsibilities. Gas supply: gas equipment and gas pipeline (to the gas meter) maintained by the gas supply management. Heating: heating and heat supply pipelines to the user terminal, maintained by the heating unit, (iii) power supply, communication, cable television facilities repair and maintenance responsibilities. Power supply: the unit user meter shall prevail. Electric meter outside the facility (including user meters) maintenance and management of the electricity sector are responsible for. Communications: communications facilities to the user's terminal by the communications unit is responsible for.
    Cable: cable TV facilities to the user terminals managed by the cable TV unit. 43rd property management area or the original residential property (monomers) planning road outside the red line (including brick), green space and residential property by property management area or original (monomers) municipal roads (including brick), green (green) and cleaning cleaning and maintenance responsibilities.
    The road (brick): City, County (City) area management units according to the Division of responsibilities for the management of municipal works maintenance; green (green): City, County (City) districts in municipal public administration units and the duties of management and maintenance; cleaning cleaning: by County (City) area sanitation cleaning units.
    44th property rights belong to sanitation facilities sanitation cleaning units, maintained by the sanitation cleaning units. Solid waste within the Realty Management area, delivered by the property management company from the House floor to refuse transfer stations or sanitation cleaning unit after you specify the location, sanitation cleaning units shipped to the landfill.
    Sanitation cleaning unit costs of rubbish, by property management companies approved by the Department in charge of price standard, paid from the integrated service fees charged; non-garbage, sanitation cleaning unit by the property management company delegate removal, removal costs in accordance with the property management companies and owners agreed, paid by the employer.
    Existing residential properties (monomers) of solid waste, stipulate, their agreement shall prevail, without agreement, the sanitation services unit is responsible for sweeping and cleaning.
    Article 45th 32nd according to the regulations of article, the common parts, common facilities and equipment of special maintenance funds management and when you use refers to the use of special maintenance funds should be handled by city and County (City) property administration departments or urban property management, property management, administrative departments to the administrative departments for later use.
    46th of municipal or County (City) property management administrative departments shall, in accordance with the provisions of the Ordinance, building property management complaints system. The owners ' Committee shall accept the owners ' complaints about property management, property users.
    Owners cannot be resolved or is considered to be property of the Commission administrative complaint to the competent authority, on behalf of the owners of the Committee should be written to the local counties (cities), property management Department administrative complaints. 47th accepting complaints property management responsible for grading, gradually accepted.
    Complaints by County (City), the Administrative Department of property management be handled directly.
    Complainant not satisfied with the Administrative Department of property management and complaints of illegal cases, the Department of municipal property management administration registration accepted.
    48th article property management complaints of accepted range: (a) unauthorized change property management regional within according to planning construction of public building and total with facilities uses of; (ii) damaged, and hidden, and destroyed should transfer of information, and property of; (three) unauthorized occupied, and mining property management regional within road, and site of; (four) development units misappropriated generation received of maintenance funds or not issued dedicated notes of; (five) unauthorized change property management with room uses of or not by provides configuration property management with room of;
    (Vi) unauthorized disposal of property belonging to the owner the common parts, common ownership or use of facilities and equipment, and (VII) not according to the standard of the Realty service contract, provides property services; (VIII) property management company a full property management property management areas of all delegated and (IX) other circumstances as stipulated by laws and regulations.
    49th article city, and County (City) district property management administrative competent sector on following complaints not accepted: (a) complaints requirements not clear of; (ii) complaints people and was complaints people has reached mediation agreement and has implementation of; (three) about sector has accepted of; (four) complaints people requirements property and personal damage compensation of; (five) not meet legal, and regulations about provides of.
    50th article violates this rule, by the city and County (City) property management Administrative Department in accordance with the following provisions shall be punished; person liable to cause loss, compensation shall constitute a crime, criminal responsibility shall be investigated according to law. (A) violation eighth article subsection (a) items provides, units not bear held first owners Assembly Conference by needed costs of, ordered deadline corrected, late not corrected of, sentenced 3000 Yuan to 10000 Yuan of fine; (ii) violation 17th article first paragraph provides, property management enterprise not in approved of qualification grade range within engaged in property management activities of, ordered deadline corrected, late not corrected of, sentenced 5000 Yuan to 20000 Yuan of fine; not participate in qualification annual of, ordered deadline corrected, Sentenced 10000 Yuan to 30000 Yuan of fine; annual not qualified of, canceled qualification; (three) violation 17th article second paragraph provides, forged, and altered, and rental, and lending, and transfer property management enterprise qualification certificate of, ordered deadline corrected, late not corrected of, revoked qualification certificate, and sentenced illegal business proceeds 1 time times following fine; (four) violation 20th article, and 21st article, and 36th article provides, property management enterprise not by provides program exit property management of, ordered deadline corrected, late not corrected of , Sentenced 5000 Yuan to 20000 Yuan of fine; (five) violation 27th article provides, development units no according to using standard configuration property management with room of, ordered deadline corrected, late not corrected of, sentenced 100,000 yuan to 500,000 yuan of fine; (six) violation 29th article provides, not used tender bid way or without approved, unauthorized used agreement way selection property management enterprise, ordered deadline corrected; late not corrected of, On units and property management enterprise respectively sentenced 100,000 yuan following of fine; (seven) violation 30th article second paragraph provides, units in sales housing Shi, not to property buy sale people express early property service contract of, ordered deadline corrected, late not corrected of, sentenced each sets 10000 Yuan to 30000 Yuan of fine; (eight) violation 30th article third paragraph provides, units released and property management service about of false advertising of, ordered deadline corrected, late not corrected of, Sentenced 5000 Yuan to 30000 Yuan of fine; (nine) violation 34th article first paragraph provides, units not by provides pay housing quality warranty gold of, ordered deadline corrected, late not corrected of, sentenced 10000 Yuan to 30000 Yuan of fine; (ten) violation 34th article third paragraph provides, units not pay housing quality warranty gold, property management enterprise unauthorized handle owners staying procedures of, ordered deadline corrected, late not corrected of, Sentenced each sets 10000 Yuan to 30000 Yuan of fine; (11) violation 39th article provides, residential owners unauthorized change planning design uses of, ordered deadline corrected, late not corrected of, sentenced 500 Yuan to 3000 Yuan of fine; (12) violation 40th article first paragraph provides, property exists security hidden or by city looks standard need on residential, and non-residential property housing outside wall surface for whitewash, and cleaning Shi, owners not timely maintenance conservation, and whitewash, and cleaning of, ordered deadline corrected, Late not corrected of, sentenced maintenance engineering paragraph twice times following of fine; (13) violation 41st article first paragraph provides, occupied property management regional within belongs to owners total with of property total with parts of, ordered deadline corrected, late not corrected of, sentenced 2000 Yuan to 10000 Yuan of fine; (14) violation 41st article second paragraph provides, units, and property management enterprise unauthorized rental, and sold, and lending property management regional within belongs to owners total with of property total with parts of, confiscated illicitly acquired, And rectification, it fails, and impose a fine of 2000 to 10000 Yuan (15) violation set forth in the 42nd, 43rd, 44th, professional management unit does not perform the obligation of maintenance, rectification, it fails, and fined not more than 1 time maintenance cost;

    (16) the violation of article 48th (VII) provision, not according to the standard of the Realty service contract, provides property services, after it has been verified, a rectification, it fails, fine of up to 5000-30000 Yuan fine. 51st levels of property management in administrative departments, neighborhood offices (Township people's Government), community residents to engage in property management staff should model the implementation of these rules.
    Failure to perform a duty dereliction, may be reprimanded, and heads or directly responsible a fine of 500 to 1000 Yuan fine. 52nd on an administrative punishment is dissatisfied, he can apply for administrative reconsideration or bring an administrative suit.
    During the administrative reconsideration or administrative punishment decision not be suspended during the administrative proceedings.
    53rd article of the rules implemented by the municipal real estate administration. 54th these rules come into force on January 10, 2007.
                              Residential property management in Jilin city of the detailed rules for the implementation of the provisional regulations repealed simultaneously.