(Adopted at the 31st meeting of the Standing Committee of the 11th People's Congress of Jiangxi Province on May 25, 2012)

Announcement of the Standing Committee of the Jiangxi Provincial People's Congress

No. 100

The "Regulations on the Administration of Property in Jiangxi Province" was revised and approved by the 31st meeting of the Standing Committee of the 11th People's Congress of Jiangxi Province on May 25, 2012. The revised "Regulations on the Administration of Property in Jiangxi Province" is now published. Implemented on October 1, 2012.

Standing Committee of the Jiangxi Provincial People's Congress

May 29, 2012

Contents

Chapter I General Provisions

Chapter II Owners, Owners' Meetings and Owners' Committee

Chapter III Pre-property Management

Chapter IV Property Management Services

Chapter V Use and Maintenance of Property

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 In order to regulate property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, in accordance with the provisions of laws and administrative regulations such as the Property Law of the People's Republic of China and the Property Management Regulations of the State Council, These regulations are formulated in conjunction with the actual conditions of the province.

Article 2 These Regulations apply to property management activities and their supervision and management within the administrative region of this Province.

Property management referred to in these Regulations refers to the selection and employment of property management enterprises by the owners. The owners and property service enterprises shall repair, maintain and manage the houses and supporting facilities and related sites in accordance with the property service contract, and provide services to the owners. To maintain environmental sanitation and related order activities in the property management area.

Article 3 Property management shall follow the principles of openness, fairness, honesty, credit, market competition and service standards.

Article 4 The competent department of housing and urban and rural construction of the provincial people's government shall be responsible for the supervision and administration of the property management activities of the province.

The real estate department of the people's government of the city or county (district) shall be responsible for the supervision and administration of property management activities within its administrative area and perform the following duties:

(1) Business guidance of the owners' meeting and the owners' committee;

(2) Supervision and management of the qualifications and service quality of property service enterprises, bidding for property services, signing of property service contracts, and supervision and management of fees;

(3) Supervision and management of the deposit and use of special maintenance funds and residential property quality guarantees;

(4) accepting and handling complaints against property service enterprises and employees;

(5) Supervision and management of the use and maintenance of the property;

(6) Other supervisory and management duties.

Municipal, urban management, price, industry and commerce, city appearance and environmental sanitation, urban and rural planning, public security, meteorology, civil air defense, quality and technical supervision, environmental protection, civil affairs and other departments and water supply, power supply, gas supply and other enterprises shall, in accordance with their respective duties, do well in accordance with the law. Related management and service work for property management.

Article 5 The sub-district offices and township people's governments shall establish a property management work system in their respective jurisdictions, and jointly guide and supervise the owners of the municipal, county (district) people's governments to establish the owners' congress and the election owners' committee according to law. It also supervises the owners' meeting and the owners' committee to perform their duties according to law, mediate property management disputes according to law, and coordinate the relationship between property management and community management.

The community residents committee and the village committee shall assist the sub-district office and the township people's government to carry out related work on property management in accordance with the law.

Property service enterprises shall cooperate with street offices and township people's governments to carry out related work on property management. If the refusal is not coordinated, the sub-district office and the township people's government shall submit it to the real estate department of the people's government of the city or county (district) for handling according to law.

Article 6 Property management industry associations shall strengthen self-discipline management in the industry, standardize industry behavior, maintain market order and fair competition, promote property management enterprises and employees to operate according to law, provide honest services, and promote the healthy development of the property management industry.

Article 7 In the original residential quarters where the supporting facilities are incomplete, the environmental quality is poor, and the property management is not implemented, the local municipal, county (district) people's governments shall take measures to carry out rectification and transformation, and gradually implement property management.

Chapter II Owners, Owners' Meetings and Owners' Committee

Article 8 The owner of the house is the owner.

The owner has the following rights in the property management activities:

(1) accepting the services provided by the property service enterprise in accordance with the contract of the property service contract;

(2) Proposing to hold a meeting of the owners' meeting and make recommendations on matters related to property management;

(3) Proposing to formulate and revise the management statute and the rules of procedure for the owners' meeting;

(4) attending the meeting of the owners' meeting and exercising the right to vote;

(5) Electing members of the owners' committee and enjoying the right to be elected;

(6) supervising the work of the owners' committee;

(7) Supervising the property service enterprise to perform the property service contract;

(8) having the right to know and supervise the use of shared parts, shared facilities and equipment and related venues;

(9) Supervising the management and use of special maintenance funds for shared parts of the property and shared facilities and equipment;

(10) Other rights as stipulated by laws and regulations.

The spouse, parents or adult children of the owner live in the property management area and, with the written authorization of the owner, enjoy the owner's rights as stipulated in the preceding paragraph.

Article 9 The owner shall perform the following obligations in the property management activities:

(1) Compliance with the management statute and the rules of the owners' meeting;

(2) complying with the rules and regulations concerning the use of common parts of the property management area and the use of shared facilities and equipment, public order and environmental sanitation;

(3) Implementing the decision of the owners' meeting and the decision of the owners' committee authorized by the owners' committee;

(4) to abide by the national and provincial regulations on the decoration and decoration of houses;

(5) Paying special maintenance funds in accordance with relevant state regulations;

(6) Paying the property service fees on time;

(7) Other obligations as stipulated by laws and regulations.

Owners may not fulfil their obligations on the grounds of waiver of rights.

Article 10 The owners' meeting shall be established according to the division of the property management area, and a property management area shall establish a meeting of owners.

The street office and township people's government where the property is located shall, in conjunction with the real estate department of the people's government of the city or county (district), guide the establishment of the owners' meeting in the property management area of the jurisdiction and elect the owners' committee.

If the number of owners is small and the owners agree to not form a general meeting of owners, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.

Article 11 The scope of the red line map determined by the property management area according to the planning permit for property construction land is determined by factors such as the shared facilities and equipment of the property, the scale of the building, and the construction of the community. If the supporting facilities and equipment of the property are shared, it shall be designated as a property management area; however, if the facilities and equipment can be divided and used independently, it can be designated as different property management areas.

Before the new housing construction unit handles the pre-sale permit or the current sale of the house, it shall divide the property management area according to the provisions of the preceding paragraph, and apply to the real estate administrative department of the municipal or county (district) people's government where the property is located to apply for division and registration. The property management area is clearly stated in the commercial housing sales contract, and informs the street office and township people's government where the property is located.

In areas where property management has been implemented, the property service enterprise shall apply for registration with the real estate department of the municipal or county (district) people's government where the property is located.

Article 12 Within a property management area, if the total area of buildings sold and delivered by a house reaches 50% or more, the construction unit shall, within 30 days, propose to the first-time owner of the street office and township people's government where the property is located. A written report from the conference and the following information is provided:

(1) Certificate of property management area registration;

(2) The general plan of the architectural plan;

(3) inventory of the building area of the property;

(4) The roster of owners;

(5) Proof of the equipment for the shared facilities to be used;

(6) Proof of the allocation of property management houses.

If the construction unit fails to report in time and the original residential quarter where the owner's meeting is not established, more than ten owners may jointly submit a written request to the street office and township people's government where the property is located to convene the first owner's meeting.

Article 13 The sub-district office and township people's government shall, within 60 days after receiving the written report of the construction unit or the written request of the owner, form the preparatory group for the owners' meeting with the real estate department of the municipal or county (district) people's government where the property is located ( Hereinafter referred to as the preparatory group). The preparatory group shall announce the list of members within the property management area within seven days from the date of establishment.

The preparatory group is composed of the owner, the representative of the construction unit, the street office where the property is located, the township people's government, the real estate department, the community residents committee, and the village committee. The number of preparatory groups shall be singular, and the proportion of the number of owners shall not be less than one-half of the total number of the preparatory group. The head of the preparatory team is represented by the street office of the property location and the representative of the township people's government.

The representative of the owner in the preparatory group shall be recommended by the street office, the township people's government or the community residents committee, and the village committee.

Article 14 The preparatory group shall perform the following duties:

(1) confirming and publicizing the identity of the owner, the number of owners and the area of the proprietary part owned;

(2) Determining the time, place, form and content of the first meeting of the owners' meeting;

(3) Drafting the management statute and the rules of the owners' meeting;

(4) Determining the voting rules for the first meeting of the owners' meeting;

(5) Formulating the method for producing candidates for the owners' committee, and proposing a list of candidates for the owners' committee;

(6) Formulating the election method for the owners' committee;

(7) Complete other preparatory work for the first meeting of the owners' meeting.

The contents of the preceding paragraph shall be announced in the property management area 15 days before the first meeting of the owners' meeting. If the owner has any objection to the contents of the announcement, the preparatory group shall record and respond.

The preparatory group shall organize the first meeting of the owners' meeting within 90 days from the date of establishment.

The time limit for the preparatory team to perform its duties shall be terminated on the date of the election of the owners' committee at the first meeting of the owners' meeting.

Article 15 The owners' meeting shall perform the following duties:

(1) Formulating and revising the rules of procedure and management statutes of the owners' general meeting;

(2) Electing the owners' committee or replacing the members of the owners' committee;

(3) supervising the work of the owners' committee, listening to the work report of the owners' committee, and changing or canceling the inappropriate decision of the owners' committee;

(4) selecting and dismissing property service enterprises;

(5) Formulating the content, standards and property service charging schemes for property services;

(6) Raising and using special maintenance funds for shared parts and shared facilities and equipment;

(7) Deciding to reconstruct and rebuild buildings and their ancillary facilities in accordance with the law;

(8) Deciding to change the use of the common part according to law;

(9) Deciding to use the common part to conduct business and the distribution and use of the proceeds;

(10) Matters stipulated by laws, regulations or management statutes that shall be jointly decided by the owners.

Article 16 The meeting of the owners' general meeting may take the form of collective discussion or a form of written solicitation of opinions. The owners' meeting shall have the owners of the property management area who account for more than half of the total area of the building and the majority of the total number of owners participate.

If the owner's meeting meeting adopts the form of written solicitation of opinions, the solicitation opinion shall be sent to each owner; if it cannot be delivered, it shall be announced in the property management area.

The owners' meeting decides that the matters specified in items 15 to 8 of Article 15 of these Regulations shall be agreed by the owners who own more than two-thirds of the total area of the building and more than two-thirds of the total number of owners. Any other matters stipulated in Article 15 of these Regulations shall be agreed by the owner who owns more than half of the total area of the building and the majority of the total number of the owners.

Article 17 If there are a large number of owners in the property management area, the building, unit and floor may be elected as the unit, and the owner's representative shall be elected to attend the meeting of the owners' meeting. Before the owner's representative attends the meeting of the owners' meeting, he shall solicit the opinions of the owners who represent them and report them truthfully at the meeting of the owners' meeting.

Article 18 The meeting of the owners' meeting is divided into regular meetings and ad hoc meetings. Regular meetings are held at least once a year, and the specific arrangements are determined by the rules of the owners' meeting.

In any of the following circumstances, the owners' committee shall organize an ad hoc meeting of the owners' meeting:

(1) More than 20% of the owners propose;

(2) A major accident or emergency needs to be dealt with in a timely manner;

(3) Other rules stipulated in the rules of the owners' general meeting or in the management statute.

Article 19 The owners' committee shall be responsible for the execution of matters decided by the owners' meeting and perform the following duties:

(1) Convening a meeting of the owners' meeting to report on the implementation of property management;

(2) signing a property service contract on behalf of the owner and the property service enterprise selected by the owners' meeting;

(3) Keep abreast of the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform property service contracts;

(4) supervising the use of special maintenance funds;

(5) urging the owners to pay the property service fees on time;

(6) Implementation of the supervision and management statute;

(7) mediation of disputes arising from the use, maintenance and management of the property between the owners;

(8) Dissuading the owner or the user of the property to illegally decorate the house;

(9) Other duties assigned by the owners' meeting.

Article 20 The members of the owners' committee shall consist of singular numbers of five to eleven. The term of each member of the owners' committee is determined by the rules of procedure of the owners' meeting.

The owners' committee shall hold the first meeting within seven days from the date of election, and select the director and deputy director among the members of the owners' committee.

Election of members of the owners' committee shall be based on 40% of the number of members with alternate members. When the members of the owners' committee are absent, they shall be supplemented by the alternate members. If all the alternate members are still nominated as members, they shall hold a meeting of the owners' meeting.

Article 21 The members of the owners' committee shall be the owners of the property management area and meet the following conditions:

(1) having full capacity for civil conduct;

(2) Compliance with relevant laws and regulations;

(3) Obeying the rules of the owners' meeting and the management statute, and fulfilling the obligations of the owners;

(4) Enthusiastic public welfare undertakings, with strong sense of responsibility, fair and decent, honest and self-discipline;

(5) Having certain organizational capabilities and cultural levels.

Article 22 The Owners' Committee shall, within 30 days from the date of election, file the following documents with the real estate administrative department, the sub-district office, and the township people's government of the municipal, county (district) people's government where the property is located:

(1) The establishment of the owners' meeting and the election of the owners' committee;

(2) Rules of Procedure for the Owners' General Meeting;

(3) Management regulations;

(4) Other major matters decided by the owners' meeting.

During the term of the owner's committee, if the content of the record changes, the owner's committee shall report the original record in writing within 30 days from the date of the change.

Article 23 The owners' committee shall convene a meeting in accordance with the decisions of the owners' meeting and the rules of procedure.

The director's committee meeting is convened by the director. The director is unable to perform his duties for any reason, and may entrust the deputy director to convene.

The owners' committee meeting shall have more than half of the members present, and the decision shall be approved by more than half of all members.

Article 24 The owners' meeting and the owners' committee shall perform their duties according to law, and shall not make decisions that are not related to property management, and shall not engage in activities unrelated to property management.

If the decision made by the owners' meeting or the owners' committee violates laws and regulations, the real estate department of the municipal or county (district) people's government or the sub-district office or township people's government where the property is located shall order it to correct or revoke its decision within a time limit and notify all the owners.

Article 25 If there are more than two houses in the same property management area, the owners' group may be established in units of units and units. The owner's team consists of all the owners of the building and the unit.

The owner's team should perform the following duties:

(1) Selecting the representatives of the owners to attend the meeting of the owners' meeting to reflect the opinions of the owners of the group;

(2) Proposing and discussing plans for the maintenance, renewal, renovation and maintenance of shared parts and shared facilities within the scope of the group;

(3) Discuss other property management matters involving the group.

The owners' group meeting is presided over by the owner's representative produced by the owner's team. The procedures for the owner group to exercise the duties stipulated in the preceding paragraph shall refer to the rules of procedure of the owners' meeting of the property management area.

Article 26 The owners' committee shall establish a regular reception system to keep abreast of the opinions and suggestions of the owners and property owners on the property management and the daily work of the owners' committee, and accept the consultation, complaints and supervision of the owners and property owners.

The owners' committee shall establish a work record system, and make records of the owners' meeting, the owners' committee meeting, the property service contract negotiation and signing activities, and the important matters in the property management, and keep them in a safe place.

The owners' committee shall establish an information disclosure system, and timely announce the decisions made by the owners' meeting and the owners' committee, the selection of the property service enterprises, the property service contracts and other property management decisions and major matters in accordance with the regulations; the special maintenance funds and public benefits shall be announced regularly. The income and expenditure situation; accept the property management information kept by the owner.

Article 27 Before the expiration of the term of the owners' committee, the 60th day of the term of office shall begin preparations for the meeting of the owners' general meeting for the general election. Before the expiration of the term of the owners' committee, the owners' meeting shall be organized to elect a new owners' committee. If there is no justifiable reason for the change of the term, the street office and township people's government where the property is located shall coordinate and urge them to complete the election as soon as possible or organize the owners to hold a meeting of the owners' general meeting for the general election.

After the new owners' committee is issued, the original owners' committee shall, within 10 days, transfer the relevant financial documents, archives and other documents, seals and other property belonging to the owners to the new owners' committee, and do other handover work.

Article 28 If a member of the owners' committee has one of the following circumstances, it shall be proposed by more than one-third of the members of the owners' committee or more than 20% of the owners. The owners' meeting or the owners' committee shall decide whether to terminate them according to the authorization of the owners' meeting. Membership:

(1) submitting a request for resignation to the owners' general meeting in writing;

(2) failing to perform the duties of the members;

(3) using membership to seek personal gain;

(4) illegally constructing buildings and structures, refusing to pay for property services, and other violations of management regulations and violations of the legitimate rights and interests of other owners;

(5) It is not suitable for continuing to serve as a member of the owners' committee for other reasons.

Article 29 The expenses of the activities of the owners' meeting and the owners' committee and the remuneration of the members shall be taken from the income of the owner's common part or undertaken by all the owners. The specific measures and standards shall be decided by the owners' meeting and reported to the city or county where the property is located ( District) The real estate department, the street office, and the township people's government of the People's Government shall file the record.

Chapter III Pre-property Management

Article 30 Before the owner or the general meeting of the owners chooses to hire a property service enterprise, the construction unit shall sign a pre-existing property service contract if it elects a property service enterprise.

The construction unit of the residential property shall select and hire the property management enterprise with corresponding qualifications to implement the pre-property property management through bidding. If there are less than three bidders, the real estate authorities of the municipal or county (district) people's government where the property is located shall approve the project. A property management company with corresponding qualifications can be selected by agreement.

The construction units that promote non-residential properties are selected to hire qualified property service enterprises through bidding.

Article 31 The construction unit may invite the early stage property service enterprises to intervene in the development and construction of the project in advance, and put forward proposals related to the property services for the project planning and design plan, supporting facilities construction, project quality control, equipment operation management and other matters.

When the construction unit organizes project acceptance and household inspection and acceptance, it shall notify the property management enterprises in the early stage to participate.

Article 32 Before a construction unit sells a new house, it shall formulate an interim management statute and, when selling the house, express the pre-existing property service contract and the temporary management statute to the purchaser. When purchasing a new house, the purchaser shall confirm and be bound by the previous property service contract and the provisional management statute.

The temporary management regulations formulated by the construction unit shall not damage the legitimate rights and interests of the purchaser.

The competent department of housing and urban and rural construction of the Provincial People's Government shall formulate and publish a model text for the property service contract and the provisional management statute. The construction unit and the property service enterprise shall, within 10 days from the date of signing the property service contract and formulating the provisional management statute, file with the real estate department of the municipal or county (district) people's government where the property is located for the record.

Article 33 The construction unit shall allocate property management houses within the property management area according to the standard of two thousandths of the total construction area of the property, with a minimum of 120 square meters; among them, the owner's committee has the lowest office space. Not less than 20 square meters. When the property is delivered, the property management house is delivered by the construction unit to the property service company.

When the urban and rural planning department of the city or county people's government or the town people's government determined by the provincial people's government approves the construction project planning permit, it shall indicate the specific part of the property management house on the license drawing. The property management house shall be an independent complete decoration house above the ground, with ventilation, lighting conditions and water and electricity use functions; for buildings without elevators, the floor of the property management house shall not be higher than the fourth floor. The location and area of the property management house shall be announced by the construction unit when the house is pre-sold.

The ownership of the property management house belongs to all the owners according to law, and is dedicated to property management and service work without compensation, and may not be used for other purposes. The real estate department of the people's government at or above the county level shall indicate the area and house number of the property management house and other common parts of the property in the real estate register when issuing the pre-sale permit for the house and the initial registration of the immovable property right, but not issuing Certificate of title. The owner has the right to inquire.

Property management houses may not change their location without authorization, and may not be divided, leased, transferred or mortgaged.

Article 34 After a newly-built house meets the following conditions, the construction unit may go through the formalities for property delivery:

(1) The construction project is qualified for completion and acceptance, and the documents approved or permitted by the departments of planning, fire protection, environmental protection, civil air defense, meteorology, etc. are obtained, and are filed by the competent department of housing and urban and rural construction of the people's government at or above the county level;

(2) Water supply, drainage, power supply, gas supply, heat supply, communication, public lighting, cable TV and other facilities and equipment are completed in accordance with the planning and design requirements and meet the relevant national and provincial construction standards. Water supply, power supply, gas supply and heat supply have been installed. Independent metering device;

(3) Public service facilities such as video surveillance devices, living and shopping places, kindergartens, postal services, medical and health care, cultural and sports, sanitation, and community services have been completed in accordance with the planning and design requirements;

(4) Public facilities such as roads, green spaces and property management houses have been completed in accordance with the planning and design requirements, and meet the functional requirements;

(5) Common facilities such as elevators, secondary water supply, high-voltage power supply, fire protection, pressure vessels, and electronic monitoring systems are legally used in accordance with laws and regulations. If testing is required, it shall be tested by a qualified testing agency. ;

(6) Significant signs have been set up for fire truck passages, fire climbing venues and civil air defense projects;

(7) The relevant technical materials for the use, maintenance and management of the property are complete and complete;

(8) Other conditions stipulated by laws and regulations.

Article 35 When handling the procedures for acceptance and acceptance of the property, the construction unit shall transfer the property management enterprise and the following materials to the property management enterprise in the forward period:

(1) Completed plan of completion, single building, structure, equipment completion drawing, supporting facilities, completion drawing of underground pipe network project, etc.

(2) List of facilities and equipment, technical information such as installation, use and maintenance, and ex-factory information;

(3) Property quality warranty documents and property use documents;

(4) Other materials necessary for property management.

The property service enterprise shall hand over the above materials to the owners' committee when the preliminary property service contract is terminated.

Article 36 When a property service enterprise undertakes a property, it shall inspect and record the shared parts of the property and the shared facilities and equipment. If the problem is found, it shall notify the construction unit in writing and submit it to the real estate department of the municipal or county (district) people's government where the property is located. The street office and the township people's government report the relevant situation, and the construction unit shall promptly refurbish and organize the re-inspection of the property service enterprise.

Article 37 When the building is delivered, the construction unit shall provide the house quality assurance certificate and the house use manual to the purchaser, and assume the warranty responsibility of the property in accordance with the warranty period and warranty scope stipulated by the state, and announce the maintenance contact within the property management area. Phone and address.

The property service enterprise shall assist the owner or the owner's committee to contact the construction unit to implement the warranty responsibility.

Article 38 A new type of residential property shall be subject to a quality warranty system.

The construction unit shall, after the completion and acceptance of the property, apply for the immovable property right before the initial registration, according to the ratio of one to three percent of the total construction cost of the property construction, to the real estate department of the municipal, county (district) people's government where the property is located. The special account for the property quality warranty set up is deposited in the property quality warranty.

The special account for the property quality warranty is set up as a special account in the property management area. When the construction unit is in the initial registration of the immovable property rights, it shall provide the full deposit certificate of the property quality warranty issued by the bank of the special account.

Article 39 The term of the warranty responsibility for the property quality warranty shall be calculated from the date on which the construction unit delivers the house to the owner, and after the expiration of the warranty liability, it shall be refunded according to the application of the construction unit. After the property quality warranty has been refunded, the construction unit shall continue to perform the corresponding quality responsibility according to law and in accordance with the contract.

Article 40 If the property has quality problems within the warranty period of the property, the construction unit shall, after receiving the maintenance request from the owner, the owners' committee or its entrusted property service enterprise, send personnel to the scene to check the situation within 24 hours. Substantial should be repaired within 72 hours.

Article 41 Within the term of the property warranty, if the construction unit fails to perform the warranty obligation, the owner, the owner's committee or its entrusted property service enterprise may apply for the construction commissioned by the real estate department of the municipal or county (district) people's government where the property is located. After the appraisal of the engineering quality inspection organization, if it is a quality problem of the construction project within the scope of the warranty, the owner's committee or the entrusted property service enterprise shall organize the maintenance, and the expenses shall be included in the property quality warranty.

The real estate department of the people's government of the city or county (district) shall notify the construction unit in writing within three days after the use of the property quality warranty, and the construction unit shall replenish it in full within 15 days from the date of receipt of the written notice.

If the construction unit has any objection to the responsibility for maintenance, it may file a civil lawsuit or apply for arbitration according to law.

Article 42 During the period of property warranty, if the construction unit is cancelled due to reasons such as bankruptcy, dissolution, or cancellation, the real estate department of the municipal, county (district) people's government shall deposit the balance of the principal and interest of the property quality warranty.

Article 43 If one of the following conditions is met, the balance of the principal and interest of the property quality warranty shall be refunded to the construction unit after the expiration of the warranty liability period:

(1) There is no property quality problem within the scope of the warranty;

(2) The property quality problem has arisen, but the construction unit has carried out maintenance according to relevant regulations and passed the experience, or reached a settlement agreement with the owner on the maintenance cost and fulfilled the payment obligation;

(3) There is a problem of property quality and the parties have disputes over the liability, but the construction unit has fulfilled its obligations in accordance with the legal documents of the people's court or the arbitration commission.

During the period of property warranty period, the construction unit has been cancelled, and the balance of the principal and interest of the property quality warranty delivered after the expiration of the warranty liability period is included in the liquidation property according to law.

Article 44 Before the expiration of the property warranty liability, the real estate department of the municipal, county (district) people's government shall, in the relevant property management area, publicly announce the matters to be returned to the property quality warranty.

Article 45 The competent department of housing and urban and rural construction of the provincial people's government shall strengthen the supervision and inspection of the deposit, use and management of the property quality warranty. The real estate department of the people's government of the city or county (district) shall, on an annual basis, announce to the owner and construction unit of the relevant property management area the deposit and use of the property quality warranty of the property management area, and accept the supervision of the owner and the construction unit. The specific measures shall be submitted to the provincial people's government for approval after being formulated by the competent department of housing and urban and rural construction of the provincial people's government.

Chapter IV Property Management Services

Article 46 A property service enterprise shall have corresponding qualifications in accordance with state regulations and may not undertake property service business beyond the qualification level. Property service enterprise qualification certificates may not be transferred, leased or loaned.

Property management enterprises undertaking property service projects in non-registered places shall file with the real estate administrative department of the municipal or county (district) people's government where the property is located.

Personnel engaged in property management shall obtain professional qualification certificates in accordance with state regulations. Professional qualification certificates may not be transferred, rented or loaned.

The real estate administrative department of the people's government at or above the county level shall strengthen the construction of professional talents in property management and establish credit files for property service enterprises and their management personnel.

Article 47 The owners' committee shall sign a written property service contract with the property service enterprise selected by the owners' meeting.

After the property service contract is signed, the owner's committee shall publicize or issue it to the owner, and the property service enterprise shall provide the property service manual to the owner.

Only one owner or owner with a small number of owners and unanimous consent of all owners can directly select a property service company and sign a property service contract.

The property service enterprise shall, within 10 days from the date of signing the property service contract, file with the real estate department of the municipal or county (district) people's government where the property is located for the record.

Article 48 The property service contract shall include the following items:

(1) The scope and basic conditions of the property management area;

(2) The term of the property service contract;

(3) Quality standards for property services;

(4) The time and method of collecting the property service fees and the time for the announcement of the income and expenses of the property service fees;

(5) the use, management and maintenance of the shared parts of the property and the facilities of the shared facilities;

(6) Maintenance and management of environmental sanitation cleaning and public greening and its facilities;

(7) Maintaining community order and security precautions for registration of foreign personnel and vehicles, regular patrols, and management of video surveillance devices;

(8) Parking management of vehicles;

(9) Management of the cost of property maintenance, maintenance, renewal and renovation;

(10) the preservation of property services, financial files and property files;

(11) Termination and cancellation conditions of the property service contract;

(12) Other property management matters agreed by both parties;

(13) Liability for breach of contract.

Article 49 A property service enterprise shall perform the following obligations:

(1) Taking the service owner as the purpose to improve the quality and level of service;

(2) Providing services such as safety precautions, sanitation and cleaning, greening, sharing parts and common facilities and equipment for maintenance and repair in accordance with the property service contract;

(3) Regularly announce to the owner the income and expenditure of the property service expenses;

(4) accepting the supervision of the owners' committee and the owners;

(5) Assisting relevant departments to provide community services and carry out community cultural and sports activities;

(6) Informing, dissuasion, and reporting of prohibited acts in the use of the property;

(7) Providing the owner with paid services such as water, electricity and gas maintenance;

(8) Assisting in mediating property disputes between owners;

(9) Other obligations as stipulated by laws, regulations or property service contracts.

Article 50 Property service enterprises may, according to the agreement of the property service contract, employ professional operators to undertake special services such as maintenance, inspection, cleaning, sanitation, landscaping, engineering construction, etc. of elevators, lightning protection devices, fire-fighting equipment, etc. All property services in the property management area are entrusted or transferred to other units or individuals.

Article 51 A property service enterprise shall provide services in accordance with the provisions of the property service contract and the relevant norms and standards of the state's property services, strengthen the daily inspection of the operation status of the shared parts of the property and the facilities of the shared facilities, and entrust the corresponding qualifications in accordance with laws and regulations. The testing organization conducts regular inspections and inspections on special equipment such as elevators and pressure vessels. In the fourth quarter of each year, it reports to the owners' committee in writing about the operation status of the shared parts and shared facilities.

Article 52 A property service enterprise shall assist in the safety precautions in the property management area in accordance with the relevant provisions of the street office of the locality of the property and the comprehensive management of social security of the township people's government, and formulate a safety precautionary plan for sudden emergencies. The incident shall take emergency measures, report to relevant competent authorities and relevant units in a timely manner, and assist in the rescue work.

Employees of property service enterprises shall not infringe upon the legitimate rights and interests of citizens when maintaining public order within the property management area.

The property service enterprise shall register the foreign personnel and vehicles entering and leaving the property management area, and patrol the property management area regularly. For video surveillance devices installed in the property management area, the property service enterprises shall send personnel to monitor and maintain relevant data in accordance with relevant regulations of the State and the province. The electronic probes and capture facilities of the entrance and exit of the property management area and the elevators, roads, main passages, etc., the property service enterprises shall be regularly maintained to ensure their normal operation.

If the property service enterprise fails to fulfill the agreement on the property service contract, resulting in damage to the owner's personal and property safety, it shall bear corresponding legal liabilities according to law.

Article 53 A property service enterprise shall establish and maintain the following files and materials for inspection by the owners' committee:

(1) Sharing part of the business management files;

(2) The files of the monitoring facilities, elevators, fire-fighting, water pumps, lightning protection devices, electronic security doors and other public facilities and equipment and civil air defense engineering protective facilities and their operation, maintenance, maintenance and testing records;

(3) Water tank cleaning records and water tank inspection reports;

(4) Housing decoration and decoration management materials;

(5) The owner's inventory;

(6) written agreements signed by the property service enterprise or the construction unit and the relevant units for water supply, power supply, gas supply, heat supply, garbage removal, communication, and cable television coverage;

(7) Other important materials related to the interests of the owners formed in the property service activities.

Article 54. Property service fees shall be subject to government guidance prices and market adjustment prices. The residential property service charges are subject to government-guided prices; the property service charges for other types of properties are subject to market-adjusted prices.

If the property service charge is subject to the government-guided price, the competent price department of the people's government at or above the county level shall, in conjunction with the real estate department at the same level, formulate the corresponding benchmark price and float according to the type of residential pr