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Property law

Regulations of Nanchang on Property Management(2010)

Pubdate:2019-02-11Hits:No.2320Font:T|T


(Adopted at the 23rd meeting of the Standing Committee of the 13th People's Congress of Nanchang City on December 23, 2009


Approved by the 15th meeting of the Standing Committee of the 11th People's Congress of Jiangxi Province on March 31, 2010)


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 create a safe, comfortable, civilized and harmonious living and working environment, according to the "Property Law of the People's Republic of China", "Property Management Regulations" and other relevant laws, These regulations are formulated in accordance with the regulations of the city.


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


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, manage and maintain the property management areas of the houses and supporting facilities and related sites in accordance with the property service contract. Environmental sanitation and related order activities.


Article 3 The municipal real estate department is responsible for the supervision and administration of the city's property management activities.


The district and county real estate administrative departments are responsible for the supervision, management and guidance of property management activities within the jurisdiction.


Administrative departments such as construction, urban and rural planning, price, public security, environmental protection, civil affairs, and urban administrative administrative law enforcement shall do their work related to property management in accordance with their respective duties.


Article 4 The sub-district offices and township people's governments shall specifically guide the establishment of the owners' congress in the area under their jurisdiction and the election and re-election of the owners' committee, supervise the owners' congress and the owners' committee to perform their duties according to law, mediate disputes in property management, and coordinate property management and community management. Relationship. The Community Residents Committee and the Villagers Committee assist and cooperate with the sub-district offices and township people's governments.


Article 5 The property management industry association shall strengthen the self-discipline management of the industry according to law, standardize the service behavior of the industry, maintain market order and fair competition, and urge the property service enterprises and their employees to operate and serve in good faith according to law, and promote the healthy development of the industry.


Article 6 The municipal, district, and county people's governments shall organize rectification and renovation of residential areas with incomplete supporting facilities and poor environmental quality, and gradually implement property management.


Chapter II Owners, Owners' Meetings and Owners' Committee


Article 7 The owner of the house is the owner.


Article 8 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 the shared parts of the property and shared facilities and equipment (hereinafter referred to as special maintenance funds);

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


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

(5) Obeying the relevant regulations and requirements for house decoration and decoration;

(6) Paying the property service fees on time;

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


Article 10 A property management area shall establish a meeting of owners.


The division of the property management area shall take into account factors such as the shared facilities and equipment of the property, the shared site, the scale of the building and the construction of the community. The specific division of the property management area shall be implemented in accordance with relevant provincial regulations.


Article 11 The owners of the same property management area shall set up the owners' meeting under the guidance of the district or county real estate department or the sub-district office or the township people's government where the property is located, and elect the owners' committee. If the owner has few consents and the unanimous consent of all the owners decides not to form the owners' meeting, the owners shall jointly perform the duties of the owners' meeting and the owners' committee.


Article 12 The following matters shall be jointly decided by the owners:


(1) Formulating and amending the rules of procedure for the owners' general meeting;

(2) Formulating and modifying management regulations;

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

(4) selecting and dismissing property service enterprises;

(5) Raising and using special maintenance funds;

(6) Reconstruction and reconstruction of buildings and their ancillary facilities;

(7) Other major matters concerning the right to joint and joint management.


The owners' meeting decides that the matters specified in Items 5 and 6 of the preceding paragraph shall be agreed by the owner who owns more than two-thirds of the total area of the building and more than two-thirds of the total number of the owners; Other matters stipulated 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 13 Where the construction area of a property sold and delivered within the property management area reaches 50% of the total construction area, the first meeting of the owners' meeting shall be convened.


If the new property meets the conditions stipulated in the preceding paragraph, the construction unit shall publish it in the property management area in written form.


Article 14 If it meets the conditions for holding the first meeting of the owners' meeting, it shall submit a written request for the first meeting of the owners' meeting to the street office of the property or the township people's government by more than ten owners.


The sub-district office and the township people's government shall, within 20 days after receiving the written request, cooperate with the district and county real estate authorities to guide and assist the owner to recommend the owner's assembly preparatory group.


The preparatory group of the owners' meeting shall be composed of representatives of the owners, representatives of the construction units, community residents' committees or villagers' committees. The number of representatives of the owners shall not be less than 70%. After the list of members of the preparatory group of the owners' meeting is confirmed, it shall be announced in writing in the property management area, and the announcement time shall not be less than 15 days.


The construction unit and the pre-property service enterprise shall assist the preparatory group of the owners' meeting, provide the owner's roster, basic information of the property (including property buildings, facilities and related sites, etc.) and the special maintenance funds raised, etc. Necessary working conditions.


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


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

(2) Drafting the rules of procedure and management statutes of the owners' general meeting;

(3) confirming the identity of the owner according to the owner's register;

(4) Determining the methods and lists for the candidates of the owners' committee;

(5) Do other preparatory work for the first meeting of the owners' meeting.


The contents of the first, second and fourth items of the preceding paragraph shall be announced in writing in the property management area 15 days before the first meeting of the owners' meeting.


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


Article 16 The meeting of the owners' meeting may be in the form of collective discussion or in the form of written solicitation of opinions; however, there shall be owners with a proprietary portion of the property management area accounting for more than half of the total area of the building and accounting for more than half of the total number of members. The owner participated.


Where the owner entrusts an agent to attend the meeting of the owners' meeting, he shall issue a written power of attorney, specifying the authority and time limit of the entrustment.


If the owner's meeting meets the form of written solicitation, it may, in accordance with the building or unit, elect a landlord to collect the written opinions signed or sealed by the owner or other owners of the unit and submit them to the owners' meeting.


Article 17 The rules of procedure of the owners' meeting shall stipulate the method of discussion of the owners' meeting, the voting procedure, the composition of the owners' committee and the term of the members, the time and form of the regular meeting of the owners' meeting, the conditions for convening the extraordinary meeting of the owners' meeting, and the method for determining the voting rights of the owners. And other matters.


Article 18 The management statute shall make an agreement on the use, maintenance and management of the relevant property, the code of conduct that the owner and the property user should abide by, the common interests and obligations of the owner, and the responsibilities that should be borne by the breach of 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 or canceling the property service contract on behalf of the owner and the property service enterprise selected or dismissed by the owners' meeting;

(3) listening to the opinions and suggestions of the owners and property users, supervising and assisting the property service enterprises to perform the property service contracts;

(4) Organizing and mobilizing special maintenance funds and supervising the use;

(5) urging the owner to pay the property service fee on time;

(6) Convening a meeting of the owners' congress to carry out the reelection and by-election of the owners' committee;

(7) urging owners and property users to abide by laws, regulations and management regulations;

(8) Dissuading the owner or the user of the property to decorate the house in violation of the regulations;

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


If the owners' committee fails to perform the duties of the second and sixth items mentioned above, the street office of the property or the township people's government shall coordinate; if the coordination fails, more than 20% of the owners shall submit to the street office of the property or the township people's government. In the election of a new owners' committee, the street office and the township people's government shall guide and assist in the election of a new owners' committee.


Article 20 The members of the owners' committee shall be composed of singularities of five or more. The owners' committee elects one or two deputy directors and deputy directors among its members.


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.


When the property developed in phases reaches the conditions for the first meeting of the owners' meeting, five owners are generally elected as members of the owners' committee. When they are delivered in the future, they will be elected according to the rules of the owners' meeting.


Article 21 The members of the owners' committee shall meet the following conditions:


(1) to abide by relevant state laws, regulations and rules;

(2) having full capacity for civil conduct;

(3) Obeying the rules of the owners' meeting and the management statute, and paying the property service fee on time;

(4) Being healthy, enthusiastic about public welfare undertakings, strong sense of responsibility, fair and honest, and having certain organizational capabilities;

(5) Being able to guarantee the necessary working hours;

(6) The person, spouse and immediate family members are not employed in the property service enterprises in the property management area.


Article 22 The Owners' Committee shall, within 30 days from the date of election, file with the district and county real estate administrative departments and sub-district offices and township people's governments where the property is located, and submit the following materials:


(1) A written report on the establishment of the owners' meeting and the election of the owners' committee;

(2) The rules of the owners' meeting and the management statutes reviewed and approved by the owners' meeting;

(3) The basic situation of the members of the owners' committee.


If the contents of the record of the owner's committee are changed, the contents of the change shall be filed with the district and county real estate administrative departments, sub-district offices, and township people's governments within 30 days from the date of the change.


Article 23 When more than one-third of the owners' committee members propose or the director of the owners' committee deems it necessary, the owners' committee meeting shall be convened in time. 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 members of the owners' committee are no longer owners due to property transfer, loss, etc., and their membership is terminated by themselves.


In any of the following circumstances, the membership of the owners' committee shall be terminated by the meeting of the owners' meeting:


(1) Loss of ability to perform duties due to illness or the like;

(2) having violated the management statute or infringing on the legitimate rights and interests of the owner;

(3) Being investigated for criminal responsibility according to law during his term of office;

(4) submitting the resignation in writing to the owners' meeting or the owners' committee;

(5) Refusing to pay property service fees, etc., failing to perform the obligations of the owners;

(6) Other reasons are not suitable for membership of the owners' committee.


Article 25 Before the expiration of the term of the owners' committee, two months before the expiration of the term of the owners' committee, a meeting of the owners' congress shall be held to conduct the general election of the owners' committee. If there is no justifiable reason for the change of the term, the street office of the property or the township people's government shall coordinate and urge him to complete the election of the election on time.


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. . If the membership of the owners' committee is terminated, the relevant materials, seals and property in custody shall be transferred to the owners' committee within three days from the date of termination.


Article 26 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 may 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 district or county real estate department or 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 27 The funds for the work carried out by the owners' committee shall be borne by all the owners; if there are property sharing parts and shared facilities and equipment operating income, they may be included in the operating income. The method of fund raising, management and use shall be decided by the owners' meeting.


The income and expenditure of the work of the owners' committee shall be announced in a prominent position within the property management area every six months, subject to the supervision of the owners.


Article 28 The property management shall implement a joint conference system.


The joint meeting of property management shall be organized and organized by the district and county real estate administrative departments, and shall be composed of representatives from the street offices, township people's governments, community residents' committees, villagers' committees, public security police stations, owners' committees, property service enterprises, and relevant administrative departments.


The Joint Management of Property Management mainly coordinated the following issues:


(1) The owners' committee does not perform its duties according to law;

(2) Problems arise during the change of the owners' committee;

(3) There are major problems in the performance of the property service contract;

(4) The property service enterprise has problems in the process of change handover;

(5) Other property management disputes that need to be resolved through coordination.


Chapter III Pre-property Management


Article 29 Before the owner or the general assembly 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.


Article 30 Before the construction unit sells the property, it shall formulate an interim management statute for the use, maintenance and management of the relevant property, the common interests of the owner, the obligations that the owner shall perform, and the liability for breach of the provisional management statute. The agreement is made to the property buyer before signing the sales contract with the buyer of the property. The buyer of the property shall confirm and be bound by the provisional management statute in writing.


The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.


Article 31 The construction unit of a residential property shall, through open tendering, select and hire a property service enterprise with corresponding qualifications to implement the preliminary property management.


For projects with less than three bidders or a residential building with a planned gross floor area of less than 20,000 square meters, the property management enterprises with corresponding qualifications may be selected by agreement according to the approval of the real estate department in charge of the area where the property is located.


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


Article 32 If a construction unit of a residential property chooses to hire a property service enterprise through open tendering, it shall complete the bidding work in accordance with the following time limit:


(1) Before the pre-sale, before applying for the Pre-sale Permit for Commercial Housing;

(2) If the existing home is sold, it shall be 30 days before the date of sale;

(3) Those who are not for sale shall be 90 days before the date of delivery.


Article 33 The sales and purchase contract signed between the construction unit and the buyer of the property shall include the contents stipulated in the previous property service contract, stating the time, standard and method for the property purchaser to pay the property service fee.


The pre-property service fee standard shall be agreed between the construction unit and the property service enterprise. The property service enterprise shall record the agreed standards to the district/county price competent department where the property is located for the record.


Article 34 The construction unit shall allocate property management houses according to the standard of the total construction area of the property of two thousandths to three thousandths; for the property projects of less than 30,000 square meters, the construction area of the property management houses shall not be less than one. One hundred and twenty square meters.


The property management house shall be a house with basic facilities such as water, electricity, lighting and ventilation above the ground. Basement, garage (shed), stairwell, garbage room, transformer room, equipment room, overhead floor, public foyer, aisle, civil air defense project and houses with a height of less than 2.2 meters shall not be used as property management houses.


The office space of the owners' committee shall be arranged from the property management house with a construction area of not less than 20 square meters.


The construction unit shall incorporate the property management house into the overall plan of the construction project, and synchronize design, synchronous construction, and simultaneous delivery with the construction project. The competent department of urban and rural planning shall include the location and area of the property management house in the review of the construction project's constructive detailed plan or the construction project design plan.


Article 35 The ownership of property management houses belongs to all the owners, and is mainly used for the office of the property service enterprise, the staff on duty and the storage tool materials. Property service companies may not change the use of property management buildings without the consent of the owners' meeting.


Article 36 Before the delivery of the property, the construction unit shall allocate independent water and electricity measuring instruments to the property management houses, shared sites and shared facilities and equipment.


Article 37 When undertaking a property, a property service enterprise shall conduct inspections on the shared parts of the property and the shared facilities and equipment. If the problem is found, the construction unit shall be notified in writing, and the construction unit shall promptly carry out rectification.


Article 38 When handling the procedures for acceptance and acceptance of the property, the construction unit shall hand over the following materials to the property service enterprise:


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

(2) Technical materials such as installation, use and maintenance of facilities and equipment;

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

(4) Information necessary for property management housing and property management.


The property service enterprise shall hand over the materials and property management houses specified in the preceding paragraph to the owners' committee when the pre-term property service contract is terminated.


Article 39 When a property service enterprise undertakes a property, the construction unit shall transfer the property management house to the property service enterprise and provide necessary conditions for the property service enterprise to start work.


Article 40 The property purchaser shall be delivered only if the property is completed and accepted and meets the contractual delivery conditions. After the property is delivered to the buyer, the property service fee is paid by the buyer of the property; if the property has been completed but not yet sold or has not been delivered to the buyer of the property, the property service fee shall be paid by the construction unit.


After the construction unit has served the written check-in notice, if the buyer of the property does not go through the relevant formalities for receiving the house without a valid reason within the time limit, it shall be deemed as delivery, and the property service fee shall be paid by the construction unit, and the property buyer shall handle the house ownership certificate. The fee paid by the property buyer to the construction unit.


The construction unit shall limit the time for the purchaser of the property to handle the house collection process for not less than two months.


Article 41 When a property is delivered for use, the construction unit shall provide a quality guarantee to the buyer of the property, and shall bear the warranty responsibility of the property in accordance with the warranty period and warranty scope stipulated by the state, and announce the repair contact number in the property management area. 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.



Chapter IV Property Management Services


Article 42 A property service enterprise shall have independent legal person qualifications, obtain property management enterprise qualifications according to law, and engage in property management activities within the scope of its qualifications. No unit or individual may transfer, lease or transfer the property service enterprise qualification certificate.


Foreign property service enterprises entering the city to engage in property management activities shall file with the municipal real estate department for record.


Article 43 Personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant state regulations. Professional qualification certificates may not be transferred, rented or loaned.


Article 44 A property management area shall be subject to property management by a property service enterprise.


Article 45 The owners' committee shall conclude a written property service contract with the property service enterprise selected by the owners' meeting.


The property service contract shall stipulate and publicize the property management matters, service quality, service fees, rights and obligations of both parties, use of special maintenance funds, property management houses, contract term, and liability for breach of contract.


Property management services mainly include:


(1) the use, maintenance, maintenance and management of shared parts and shared facilities and equipment;

(2) Operation services of equipment such as elevators and intelligent systems;

(3) Environmental sanitation cleaning and maintenance and maintenance and management of green spaces, trees and greening facilities;

(4) Management of the decoration and decoration of the property;

(5) Service and management of vehicle driving and parking order;

(6) Assisting management services for matters such as public order maintenance and security prevention;

(7) Providing daily life services and facilities for the owners;

(8) Query service and management of property information.

Article 46 The property service enterprise and the owners' meeting shall negotiate the renewal of the contract three months before the expiration of the term of the property service contract. If the two parties renew their contracts, they shall re-sign the property service contract. If the two parties do not renew the contract, the property service enterprise shall continue to provide services in accordance with the contract before the termination of the contract, and the owner shall pay the property service fee on time.


Article 47 Owners and property service enterprises shall abide by laws, regulations and management regulations and perform property service contracts. If one party defaults, the other party may pursue the liability of the defaulting party in accordance with the property service contract. Owners may not refuse to perform the contract by refusing to pay property service fees and other fees; property service enterprises may not refuse to perform the contract by reducing the quality of property services or interrupting property services.


When the ownership of the property is transferred, the owner shall settle the property service fee with the property service enterprise.


Article 48 When the property service contract is terminated, the property service enterprise shall return the following materials and property to the owners' committee:


(1) the information specified in Article 38 of these Regulations;

(2) Property management houses;

(3) Renovating, repairing and maintaining the technical materials related to the formation of the property during the period of property service;

(4) Fixed facilities and equipment allocated by the owner during the period of property service;

(5) Other property and materials that should be handed over.


When the newly selected property service enterprise undertakes the property, the owners' committee shall transfer the materials and property specified in the preceding paragraph to the property service enterprise.


Article 49 If the owners' meeting selects and hires a new property service enterprise, the original property service enterprise shall make a good handover work with the owner's committee, and shall not refuse to hand over the property service fee or other related expenses owed by the owner; new property service The enterprise enters the property management area service according to the time agreed by the contract.


Article 50 The standard of property service fees shall be stipulated in the property service contract by the owner and the property service enterprise in accordance with the principle of fairness, reasonableness and suitability of service fees and service levels. The property service enterprise shall publicize the standard of the property service fee and report it to the district or county price competent department where the property is located for the record.


If the property service enterprise provides services other than those stipulated in the property service contract for the owner or the property owner, it may be charged separately.


Article 51 The owner shall pay the property service fee according to the agreement of the property service contract. If the owner agrees with the property user to pay the property service fee by the property user, the owner shall be responsible for the payment of the property service fee.


If the operating expenses of elevators, power supply and secondary water supply are not included in the property service fee, the property service enterprise shall apportion the relevant owners fairly and reasonably according to the actual expenditure and the agreed charging method, and publish it regularly.


Article 52 Within the property management area, water supply, power supply, gas supply, communication, cable television and other units shall collect the relevant fees from the end users.


Water supply, power supply, gas supply, communication, cable television and other units may not force property service companies to collect relevant fees, nor may they stop providing services because the property service companies refuse to collect and pay fees.


If the property service enterprise accepts the entrustment to collect the relevant expenses, it shall not charge the owner or the user for additional fees such as handling fees.


Article 53 The competent department of real estate shall strengthen the supervision and management of property service enterprises, establish a complaint acceptance system, and coordinate and handle property management disputes in a timely manner.


Chapter V Use and Maintenance of Property


Article 54 Public buildings and shared facilities such as education, medical and health care, culture and sports, and commercial services constructed in accordance with the plan in the property management area shall not be altered without authorization.


No one may arbitrarily occupy or excavate the roads and venues in the property management area and damage the common interests of the owners.


Article 55 Units such as water supply, power supply, gas supply, communication, and cable television shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area according to law.


Where the units specified in the preceding paragraph temporarily occupy or excavate road sites due to maintenance, maintenance, etc., they shall be restored to their original conditions in time.


Article 56 If the use of property sharing parts, shared facilities and equipment to set up outdoor advertising or engage in leasing and other operations, the relevant owners, owners' meetings, and property service companies shall obtain the consent of the relevant authorities in accordance with the provisions.


The proceeds from the operation may be managed by the owners' committee at the decision of the owners' meeting, or may be entrusted to the property service enterprise for management. It is mainly used to supplement the special maintenance funds, and may also be used according to the decision of the owners' meeting. The income and use shall be publicized.


Article 57 The owner shall use the house in accordance with the intended use of the plan, and shall not arbitrarily change the use of the house.


If the owner changes the use, he shall abide by the laws, regulations and management regulations, and obtain the consent of the interested parties.


Article 58 If the owner needs to decorate the house, he shall inform the property service enterprise in advance, and the property service enterprise shall inform the owner of the prohibition behavior and precautions in the decoration and decoration of the house, and sign a decoration and decoration service agreement with it.


The property service company shall not collect the decoration and decoration deposit in any form.


The property service enterprise shall strengthen the inspection of the decoration and decoration safety matters in the property management area, and the owner shall cooperate.


Article 59 The following acts are prohibited in the property management area:


(1) Unauthorized demolition of the load-bearing structure of the house;

(2) destroying or arbitrarily changing the appearance of the wall;

(3) Building buildings, structures and other facilities in violation of the property management regional plan;

(4) Invading green land and destroying flowers and trees;

(5) arbitrarily setting up stalls or dumping garbage, stacking sundries, and parachuting at high altitude;

(6) arbitrarily posting, scribbling, and portraying buildings and structures;

(7) emitting noise exceeding the prescribed standards;

(8) Discharging or stacking toxic and hazardous substances and stacking flammable and explosive materials;

(9) occupying, closing or blocking evacuation passages, safety exits, fire truck passages, damage or misappropriation of fire-fighting facilities;

(10) raising animals in violation of regulations;

(11) Other acts prohibited by laws and regulations.


When the behavior specified in the preceding paragraph occurs in the property management area, the owner and the property user have the right to complain and report, and the property service enterprise and the owners' committee shall promptly dissuade and stop the property service contract or management statute; discourage and stop the invalid property. The service enterprise and the owners' committee shall promptly report to the municipal administrative and administrative law enforcement departments and other relevant administrative departments. The relevant administrative departments shall handle the matter in a timely manner, and the relevant owners and property users shall actively cooperate.


Article 60 The parking spaces and garages planned for parking motor vehicles in the property management area shall first meet the needs of the owners of the property management area.


The ownership of the parking spaces and garages planned for parking motor vehicles shall be agreed upon by the parties through sale, attachment or rental.


If the rental plan is to park the parking spaces and garages of motor vehicles, it shall first be leased to the owners of the property management area and the property users. After satisfying the needs of the owners and property users of the property management area and leasing them to others, the term of the lease contract shall not exceed six months.


Article 61 Anyone occupying a road or other site shared by the owners in the property management area to park motor vehicles shall obtain the consent of the owners' general meeting.


If the motorized vehicle is occupied by a road or other site shared by the owner, the site occupancy fee shall be paid. The site occupancy fee belongs to all owners and is mainly used to maintain the maintenance of residential roads and parking facilities, and to improve shared facilities and equipment. The standard for the collection of the site occupancy fee and the method of use shall be decided by the owners' meeting; if the owner's meeting is not established, it may be formulated by the construction unit or the property service enterprise. The collection and use of the site occupancy fee shall be publicized to the owner.


If the owner has a custody requirement for the motor vehicle, the owner and the property service enterprise shall separately sign a motor vehicle storage contract.


The specific management measures for driving and parking of motor vehicles and non-motor vehicles in the property management area shall be decided and publicized by the owners' meeting. If the owners' meeting is not established, it shall be implemented in accordance with the provisions of the previous property management service contract.


Article 62 When the property sharing parts and shared facilities and equipment are repaired and updated, the relevant owners and property users shall cooperate. If the relevant owner or property user obstructs maintenance or renewal, causing loss of property of other owners or property users, the responsible person shall compensate him.


Responsible persons shall be reinstated or compensated for damage caused by housing, facilities and equipment due to reasons such as the sharing of parts of the property, maintenance and repair of shared facilities, and other reasons.


Article 63 The owner of a residential property, a non-residential property in a residential quarter or a non-residential property connected to a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations.


The special maintenance funds shall be built according to the building, and shall be used for the maintenance, renewal and transformation of the shared parts of the property and the shared facilities and equipment after the expiration of the property warranty period, and shall not be used for other purposes.


According to the property service contract, the maintenance and maintenance costs of the shared parts of the property and the shared facilities and equipment that should be paid by the property service enterprise from the property service fees shall not be included in the special maintenance funds.


The management of residential special maintenance funds shall be regulated by the Municipal People's Government in accordance with relevant national and provincial regulations.


Chapter VI Legal Liability


Article 64 Anyone who violates the provisions of these Regulations and has imposed administrative penalties in laws and regulations shall be punished by the relevant departments according to law.


Article 65 In case of violation of the provisions of these Regulations, if the construction unit fails to express the provisional management statute to the property buyer when selling the property, the competent department of the real estate shall order it to make corrections within a time limit; if it refuses to make corrections, it shall impose a fine of not less than 3,000 yuan but not more than 10,000 yuan. .


Article 66 In case of violation of the provisions of these Regulations, if the membership of the owners' committee is terminated or the owner's committee changes, the materials, seals and property that have not been kept in the prescribed time limit shall be transferred, and the competent department of real estate shall order it to make corrections within a time limit; the owners' committee may also If a lawsuit is filed with the people's court in accordance with the law; if the property is destroyed or lost, the liability for compensation shall be borne by law.


Article 67 Anyone who violates the provisions of these Regulations and transfers, leases or lent a property service enterprise qualification certificate shall be ordered by the competent department of real estate to make corrections within a time limit; if it fails to make corrections wit

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