Regulations of Jiangsu Province on Property Management
时间:2013-12-19  浏览次数: 179

  Regulations of Jiangsu Province on Property Management
  Adopted at the Twentieth Meeting of the Standing Committee of the Ninth People’s Congress of Jiangsu Province on December 24, 2000; amended according to the Decisions on the Amendment of the Regulations of Jiangsu Province on Property Management at the Sixth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on October 25, 2003; revised at the Thirty-first Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 29, 2012.
  Chapter I General Provisions
  Article 1 These Regulations are enacted in accordance with the Property Rights Law of the People"s Republic of China, the State Council’s Regulations on Property Management and other laws and administrative regulations, in  light of the actual situation of this Province, and for the purposes of standardizing property management activities, protecting legitimate rights and interests of all parties concerning property management, creating a comfortable living and working environment, and promoting the construction of harmonious communities.
  Article 2 These Regulations shall apply to the use, maintenance, service, supervision and management of property within the administrative region of this Province.
  The property management specified in these Regulations refers to the activities of maintenance, protection, and management of the buildings, constructions and affiliated facilities and equipment as well as relevant sites, and keeping the environment clean and orderly within the property management areas carried out by owners or property management enterprises selected by owners.
  Article 3 The local people’s governments at or above the county level shall incorporate property services into the development plan of modern service industry, community construction and community managerial system, formulate and ensure the implementation of supporting policies, and reduce the burden of property service enterprises; establish and perfect specialized, socialized and marketized property management mechanism, encourage the application of new technologies and methods, and improve property management and services.
  Sub-district Offices (the people’s governments of the town and township) shall be responsible for the specific guidance, assistance and supervision of property management within their administrative regions, coordinate the relationship between property management, community management and community services, and coordinate the relationship between project owners and first-phase property service enterprises, and between owners and property service enterprises. Community (Village) resident committees shall provide support and cooperation.
  Article 4 Administrative departments of housing and urban and rural construction or administrative departments of property rights of the local people’s governments at or above the county level (hereinafter referred to as administrative departments of property management) shall be in charge of the supervision and administration of property management activities within their administrative regions.
  The local people’s governments at or above the county level and other relevant departments shall be in charge of the supervision and administration of relevant property management activities according to their respective duties.
  Article 5 The administrative departments of property management of the local people’s governments at or above the county level shall strengthen the training of working staff involved in property management from sub-district offices (the  people’s governments of the town and township) and members of the owners’ committee and improve property management. The funds needed shall be taken into the budget of the people’s government of the same level.
  The administrative departments of property management of the local people’s governments at or above the county level shall commend and reward the property service enterprises which have made outstanding achievements or obtained the titles of honor for property management at or above the provincial level.
  Article 6 Property service associations shall enhance self-discipline management of the industry, standardize professional behaviors, promote credit management, reinforce the training of staff working at property service enterprises, improve property service and safeguard the legal rights and interests of property service enterprises.
  Chapter II Property Management Area
  Article 7 The defining of property management areas shall follow the principle of being favorable for the implementation of property management and be determined by comprehensively considering factors such as planning conditions, construction scale, public facilities and equipment, numbers of owners, natural boundary, community layout and community construction.
  When inspecting project designs of residential building construction, the administrative department of planning shall listen to the opinions on the defining of property management areas given by administrative departments of property management of the county (city or district) where the property is located.
  The project owner shall, within red-line areas granted by the land use license of property construction, define property management areas by considering factors such as commonly-used facilities and equipment and community construction. Where the affiliated facilities and equipment of property are commonly used, a property management area shall be defined; where the affiliated facilities and equipment may be Pided and used independently, they shall be defined into different property management areas.
  Article 8 Before the sale of newly-constructed property, the project owner shall report the defined property management area to administrative departments of property management of the county (city or district) where the property is located for record, and clarify the recorded property management area in the commercial housing sale contract.
  Where the property management area has been defined but has not yet been reported to the administrative department of property management for record, property service enterprises shall report it to the administrative department of property management of the county (city or district) where the property is located.
  Where the property management area has been put into use but not yet defined, the administrative departments of property management of the county (city or district) shall define the property management area after consulting relevant owners along with sub-district offices (the people’s governments of the town and township)
  Article 9 Administrative departments of property management of the county (city or district) shall establish documents on property management areas.
  Property management documents shall state clearly the geographic location of the property management area, boundaries, total area of the buildings, number of special sections, main information about owners’ shared sections, project owners and other items to be stated clearly.
  Chapter III Owners, Owners’ Congress and Owners’ Committee
  Article 10 The owner shall be the title holder of a house.
  Owners shall execute their rights according to laws, regulations and stipulations, and perform their duties prescribed thereby.
  Article 11 One owners’ congress shall be set up in one property management area.
  The owners’ congress shall be composed of all the owners within the property management area. When the number of owners in the property management area is small and all owners have agreed on not setting up an owners’ congress, the owners shall jointly perform the duties of the owners’ congress and owners’ committee.
  Article 12 When the number of owners’ households is over three hundred, the owners’ representative congress may be set up and exercise the duties of the owners’ committee.
  Article 13 Where one of the following situations exists, meetings of the first owners’ congress or the owners" representative congress (hereinafter the owners’ congress in general) shall be held:
  (1) More than 50% of the construction area are sold and put into use within the property management area;
  (2) Over 50% of households are settled down within the property management area.
  Article 14 Where the delivered area of special sections within the property management area is over 50% of the total area of construction, the project owner shall, according to the requirements of sub-district offices (the people’s governments of the town and township) in the place where the property is located, report the following materials which are needed for the preparation of the meeting of the first owners’ congress:
  (1) certificate of the property management area;
  (2) specific lists of housing and construction areas;
  (3) owners’ name lists;
  (4) general layout of construction plans;
  (5) certificate of commonly-used facilities and equipment which are delivered and put into use;
  (6) certificate of houses used for property services; and
  (7) other relevant materials.
  Article 15 Where the conditions for the establishment of the owners’ congress are meet, sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) shall organize to set up the preparatory group of the first owners’ congress, within sixty days after receiving the written application of the preparation for the owners’ congress which is handed over by the project owner or jointly handed over by more than ten owners publicly.
  The funds for the preparation of the meeting of the first owners’ congress shall be covered by the project owner.
  Article 16 The preparatory group of the first owners’ congress shall be composed of representatives of owners, project owner, sub-district offices (the people’s governments of the town and township) and community (village) residents’ committees, etc. Sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) shall organize the owners to recommend owners’ representatives into the preparatory group.
  The number of members in the preparatory group shall range from 5 to 11 in odd numbers, of which the owners shall be no less than 60% in the preparatory group. The leader of the preparatory group shall be designated by  sub-district offices (the people’s governments of the town and township the people’s governments of the town and township).
  The preparatory group shall publicize the name list of its members in noticeable place in the property management area within seven days since the establishment of the group. Where there is any objection to any member of the preparatory group, sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) shall coordinate and deal with it.
  Article 17 The preparatory group of the first owners’ congress shall exercise the following items on duties :
  (1) fixing the time, place and contents on meetings of the first owners’ congress;
  (2) drawing up management stipulations, rules of procedure of owners’ congress and work rules of owners’ committees;
  (3) identifying owners, making sure of the number of owners’ votes in the meeting of the first owners’ congress;
  (4) proposing requirements for candidates of first owners’ committee, name lists and ways of election;
  (5) making rules for the voting in the meeting of the first owners’ congress according to laws;
  (6) other preparatory work on the holding of the meeting of the first owners’ congress.
  The preparatory group shall publicize the contents prescribed in the previous items in noticeable place in the property management area and inform all the owners 15 days before the holding of the meeting of the first owners’ congress. When owners have any objection to the identity of owners or the  number of votes, etc., the preparatory group shall re-examine it and inform the opponents of the results of reexamination.
  The preparatory group shall hold the meeting of the first owners’ congress within 90 days since its establishment.
  Article 18 The meeting of the owners’ congress are Pided into regular meetings and temporary meetings.
  Regular meetings of the owners’ congress shall be held according to the rules of procedure of the owners’ congress. Owners’ committees shall organize and hold temporary meetings of the owners’ congress after the proposal of over 20% of owners whose special sections cover over 20% of total construction area.
  Article 19 All the owners shall be informed of the holding of the meeting of the owners’ congress 15 days before the meeting. When the meeting of the owners’ congress of residential communities is held, community (village) residents committees shall be informed at the same time. Members of the owners’ committees shall keep an accurate record of the meetings of the owners’ congress and properly keep it.
  Article 20 Owners may entrust others to participate in the meeting of the owners’ congress. Where the owners entrust other people but their family members to participate in the meeting of the owners’ congress, they shall issue a written power of attorney, clarifying the entrusted matters, authority and expiry of entrustment.
  Article 21 The owners’ committee shall be elected by the meeting of the owners’ congress. Members of the owners’ committee shall be keen on public sectors, responsible and capable of organization. Owners who commit acts in violation of law, regulation and stipulation, such as damaging the load-bearing structures of the house, illegally constructing buildings, ruining the house appearance, changing the usage of property without permission, not paying the property management service fees or special maintenance fees without reasons, renting the house illegally, and do not make correction, shall not be members of the owners’ committees; members of the owners’ committees who conduct any of the previous behaviors shall be subject to recall according to the rules decided by the owners’ congress.
  The owners’ committee shall be composed of five to eleven members, in odd numbers, whose term shall be 3 to 5 years. Members may be re-elected and the number and term shall be decided according to the rules of procedure of the owners’ congress. The director and deputy directors of the owners’ committees shall be elected by the members of the owners’ committee.
  As for whether to conduct a competitive election in the owners’ committee and the proportion for a competitive election, it shall be decided in accordance with the rules of procedure of the owners’ congress.
  Where the owners’ committee conducts a competitive election, the unelected members who have obtained the votes legally required, may be made as alternate members of the owners’ committee in order of the number of votes who have obtained respectively, and fill the vacancy in the same order when the members of the owners’ committee are absent. The number of alternate members shall be decided by the rules of procedure of the owners’ congress, but no more than 50% of the total of the owners’ committee. The alternate members may participate in the meeting of the owners’ committee without the right to vote.
  Article 22 The owners’ committee shall hold the following materials and report to the administrative departments of property management and sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) where the property is locate for record within 30 days since the election of the owners’ committee:
  (1) application of the owners’ committee for record;
  (2) name lists of members of the owners’ committee;
  (3) rules of procedure and stipulations of the owners’ congress;
  (4) records of meetings of the owners’ congress;
  (5) other materials which shall be provided.
  Article 23 The owners’ committee established according to law shall be founded on the day of election.
  Rules of procedure and stipulations of the owners’ congress shall take effect since the day of the approval by the owners’ congress.
  Article 24 The owners’ congress and the owners’ committee shall exercise their duties according to law, and shall not make decisions irrelevant to the property management or conduct activities irrelevant to the property management.
  Where the decisions of the owners’ congress and the owners’ committee are against laws and regulations, the administrative departments of property management of the county (city or district) shall order it to make correction within a time limit or revoke its decisions and notify all the owners.
  Where the owners’ committee may not carry out work normally, sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) in the place where the property is located shall organize to hold the temporary meeting of the owners’ congress to adjust the owners’ committee.
  Article 25 The daily operational funds of the owners’ congress and the owners’ committee shall be supplied by all the owners, and may be paid by the operating earnings of commonly-used sections of property and commonly-used facilitates and equipment or shared by all the owners.
  Fund raising, managing and using and subsidiaries of members of the owners’ committee shall be stipulated by the rules of procedure of the owners’ congress. The owners’ committee shall publicize the balance of the funds in  noticeable place in the property management area every half year and receive owners’ supervision.
  Article 26 The owners’ congress and the owners’ committee shall actively cooperate with relevant administrative departments and coordinate with the community (village) residents committees to conduct social management work relevant to property management within the property management area.
  In the property management area, the owners’ congress and the owners’ committee shall actively cooperate with the community (village) residents committees to exercise the duties of autonomous management according to law, support the community (village) residents committees to conduct work, and receive their direction and supervision. Community (village) residents committees shall support the owners’ congress and the owners’ committee to conduct their work.
  The decisions made by the owners’ congress and the owners’ committee of residential communities shall notify the community (village) residents committee in written form.
  Article 27 Where the residential community which does not meet the conditions of the owners’ congress, or the residential community which meets the conditions of establishment but has not the owners’ committee established, can not establish the owners’ congress after being guided by administrative departments of the property management of the county (city or district) where it is located or sub-district offices (the people’s governments of the town and township), a property management committee shall be set up, comprising  sub-district offices (the people’s governments of the town and township the people’s governments of the town and township), community (village) residential committees, community service institutions, project owner, and representatives of owners, etc., exercising the duties of the owners’ congress and the owners’ committee.
  The composition of the members of the property management committee shall be publicized in noticeable place in the property management area.
  Article 28 Where there are over two buildings in the property management area, owners’ groups may be set up in units of buildings or units. The owners’ group shall be composed of all the owners in the buildings or units.
  Owners’ groups shall exercise the following duties:
  (1) electing the owners’ representatives to attend the owners’ congress;
  (2) making decisions on the maintenance, protection, renovation and transformation of commonly-used sections and commonly-used facilities and equipment of the residence in the scope of the building or unit;
  (3) making decisions on other matters within the scope of the group.
  The procedure of the owners’ group shall be hosted by the owners’ representatives of the owners’ group. When exercising the duties, the owners’ group shall not violate the decisions made by the owners’ congress or those made by the owners’ committee authorized by the owners’ congress. The procedure of the owners’ group to exercise their duties shall be executed in reference to the rules of procedure of the owners’ congress in the property management area.
  Article 29 Sub-district offices (the people’s governments of the town and township) shall establish community service institutions for mediating the disputes and complaints of property management and coordinating in the property emergency maintenance service, etc., perfect the community public service system, and provide basic services to owners.
  Article 30 Sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) shall establish a joint-session system joined by community (village) residents committees, police stations, owners’ committees, and property service enterprises and so on, and coordinate to deal with major matters in property management.
  Chapter IV First-phase property management
  Article 31 First-phase property management shall be conducted in the newly-constructed residential property.
  Before owners and the owners’ congress select and appoint property management enterprises, the project owner shall be in charge of the first-phase property management. The project owner shall sign a written contract of the first-phase property service with the selected property service enterprises.
  The contract of the first-phase property service may stipulate an expiry date; before the expiry date, where the contract signed by the owners’ committee and the property service enterprises is valid, the first-phase property service contract shall be terminated.
  Article 32 The project owner of residential property shall select and appoint property service enterprises with relevant qualifications by means of bidding.
  Where the number of bidders is no more than three or the construction area of residence is less than 30000 square meters, property service enterprises with relevant qualifications may be selected and appointed by means of agreement after being approved by administrative departments of property management in the county (city or district) where the property is located.
  The project owner shall provide operational fees of the first-phase property management, which shall be used to purchase fixed assets such as office equipment of the property. The purchased assets belong to all the owners and shall be used by property service enterprises.
  Article 33 Contracts signed by the project owner and property buyers shall include the stipulated items in the first-phase property service contract, or at the same time the entrustment agreement of the first-phase property services shall be signed to stipulate the items of the first-phase property services.
  Article 34 Fees of the first-phase property services shall be paid by property buyers according to the standards stipulated in the housing sales contract. Where it is not stipulated in the housing sales contract, the project owner shall pay the fees.
  For the property which has been completed but not yet sold or handed over to property buyers, fees of property service shall be completely paid by the project owner.
  Article 35 Within the area of property management of newly-constructed residence, the project owner shall allocate houses for property services according to the proportion of no less than 4 per thousand of the total construction area above and under the ground. Where it is less than 100 square meters, it shall be allocated 100 square meters and transferred free of charge. Houses for operational activities of the owners’ committee shall be reasonably allocated according to the proportion of houses for property services, which usually cover a construction area of 20 to 40 square meters.
  Collectively-constructed low-income housing shall be added no less than three per thousand of the total construction area for the houses for property services for business purposes, whose earnings shall make up for the insufficiency in property service fees.
  Specific standards for the houses for property services, houses for operational activities of the owners’ committee, and houses for property services for business purposes shall be stipulated by the people’s government of a city Pided into districts.
  Article 36 Houses for property services shall be houses above the ground, which are decorated by the project owner and can work independently and properly, , and are relatively centralized at the central areas of the residential community or near the entrances or exits of the residential community. Where the houses for property services are located in the residential buildings, they shall have an independent passage.
  Houses for property services shall not be included into the pooled construction area, and their ownership belongs to all the owners. When the project owner applies for the initial registration of housing ownership, they shall clearly mark the houses for property services and apply for the registration.
  Houses for property services shall not be sold and mortgaged.
  Article 37 Terminal users’ inPidual meters of water supply, power supply, gas supply and heat supply, or special operating facilities and equipment beyond terminal users’ access ports within the area of property management of the newly-constructed residence shall meet the national technological standards and special technological standards.
  When the project owner organizes the completion inspection and acceptance of works, special operating units such as water, electricity, gas and heat supplies shall be notified; after the completion inspection and acceptance have been conducted, the special operating facilities and equipment within the area of property management of residence shall be transferred to special operating units for management. Special operating units shall accept and bear the responsibility of maintenance, protection and renovation, and pay for relevant fees, but the fees for secondary water supply shall be covered according to relevant provisions in the Regulations of Jiangsu Province on Urban and Rural Water Supplies.
  As for the special operating facilities and equipment in the residence constructed before the implementation of these regulations, where the owners’ congress decides to transfer them to special operating units for management, special operating units shall accept them. Specific methods for the implementation shall be stipulated by the municipal people’s governments Pided into districts.
  Special operating facilities and equipment include power transformation and distribution, secondary water supply, gas pipeline pressure control, and heat supply and relevant pipelines.
  Article 38 The first-phase property service enterprise shall provide property service manuals to owners, and may accept the entrustment of the project owner to assist the project owner in dealing with relevant specific matters of residential property handover.
  Article 39 The project owner shall act in accordance with relevant national provisions and stipulations in housing sales contracts, hand over property with clarified ownership, complete materials, good quality, complete functions, and well-equipped facilities.
  The newly-constructed residence shall meet the following requirements:
  (1) after completion inspection and acceptance of the project, permits or permission documents issued by departments of planning, public security, fire-fighting, environmental protection and civil defense etc., are obtained kept for  record by the administrative departments of construction;
  (2) municipal public facilities and equipment such as water supply, drainage, power supply, gas supply, heat supply, communications, pubic lighting, cable TV etc., are constructed according to the planning and design requirements. InPidual and qualified meters for water supply, power supply, gas supply and heat supply have been installed.
  (3) public service facilities such as education, post, medical care, culture, sports, environmental hygiene, community services and civil air defense have been constructed according to the planning and design requirements.
  (4) affiliated public facilities such as roads, green space, houses for property services are constructed according to the planning and design requirements and meet the requirements of their functions.
  (5) public facilities and equipment such as lifts, secondary water supply, high-voltage power supply, fire-fighting facilities, pressure vessels, security monitoring have obtained certificates according to law.
  (6) relevant materials on property usage, maintenance and management are complete.
  (7) other items prescribed in laws and regulations.
  Article 40 When property service enterprises take over the property, they shall carry out inspection on commonly-used sections and commonly-used facilities and equipment of property. The inspection of property shall follow the principle of honesty and credit, objectivity and justice, clear responsibility and duty and protecting common property of all the owners.
  Twenty days before the inspection of property on the spot, the project owner shall transfer the following materials to property service enterprises:
  (1) the general layout of the project upon completion, as-built drawings of inPidual buildings, constructions and equipment, and materials for completion inspection and acceptance such as drawings of affiliated facilities, underground pipeline network;
  (2) technological materials of installation, usage, maintenance and protection of facilities and equipment;
  (3) property quality guarantee documents and property instruction documents; and
  (4) other materials necessary for property management.
  Where the materials listed above are not transferred completely, the project owner shall list the detail of the materials which are not transferred and make a written commitment on the deadline to transfer them.
  Article 41 Property service enterprises shall go through the procedures for record with the following materials to the administrative departments of the property management in the county (city or district) where the property is located:
  (1) the first-phase property service contract;
  (2) temporary stipulations;
  (3) acceptance and inspection agreements of property;
  (4) lists of materials transferred by the project owner;
  (5) inspection records;
  (6) transference records; and
  (7) other documents relevant to acceptance and inspection.
  Property service enterprises shall publicize the details of property acceptance and inspection in noticeable place in the property management area after putting it on record.
  Article 42 Property service enterprises shall set up a profile for documents, materials and records relevant to acceptance and inspection and keep them properly.
  Property acceptance and inspection documents belong to all the owners. When the first-phase property service contract is terminated and the owners’ congress selects and appoints a new property service enterprise, the unemployed property service enterprise shall transfer property acceptance and inspection documents to the selected and appointed property service enterprise or to the owners’ committee within ten days since the termination of the first-phase property service contract under the supervision and confirmation of the owners’ committee.
  Chapter V Property Services
  Article 43 The enterprise engaging in property services shall be qualified as an independent corporation, and obtain qualifications for property service enterprises according to law.
  Special management personnel engaging in property services shall obtain professional certificate according to relevant national regulations.
  Article 44 The owners’ committee shall sign a property service contract with the selected and appointed property service enterprise.
  Property service enterprises shall report the property service contract to the administrative departments of property management in the county (city or district) where the property is located and sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) for record within 30 days since the date when the property service contract is signed.
  Article 45 Property service enterprises may entrust special service businesses within the area of property management to special service enterprises, but shall not entrust all property services in this area to others.
  For facilities and equipment concerning people’s safety of lives and properties such as lifts, fire-fighting and security monitoring and other facilities and equipment with special requirements, property service enterprises shall entrust special institutions to conduct maintenance and protection.
  Article 46 Property service enterprises shall designate a person in charge of the project according to the property service contract. When the person in charge of the project is changed, owners shall be notified immediately and it shall be publicized in noticeable place in the property management area.
  The owners’ committee may ask the property service enterprises to change the person in charge of the project after seeking advice from owners,; where the person in charge of the project is required to change, property service enterprises shall change it on time and publicize it in noticeable place in the property management area.
  Article 47 Property service enterprises shall, in accordance with the stipulations on security in the property service contract, implement measures on security, and do well in the work of security within the property management area. Where property service enterprises fail to perform the duties in the property service contract or perform the duties in the contract without following the stipulations and lead to owners’ personal and property damage, they shall take relevant legal responsibilities according to law.
  Where emergencies such as security accidents happen in the property management area, property service enterprises shall take emergency measures, report it to relevant departments on time and assist in the work of aid.
  Where owners or users of property have special requirements of personal and property protection, special agreements among owners, users of property and property service enterprises shall be made separately.
  Article 48 Owners shall pay the property service fees according to stipulations in the property service contract. If owners and property users have agreed that the property management service fees shall be paid by property users, the service fees shall be paid as agreed upon, the owners shall bear joint liability of paying the fees.
  When the property ownership is transferred, owners shall pay all the property service fees to the property service enterprise before the transference.
  Article 49 Charges for property services shall distinguish the qualities and characteristics of different properties, be made according to the principle of being reasonable, open with service qualities matching the price , and follow a pricing mechanism guided by government and adjusted by market. The charges for the first-phase property service in ordinary residence shall carry out government-guided price. After the establishment of the owners’ congress, whether the charges of property services follow the government-guided price shall be decided by the owners’ congress; charges for other property services to meet the need of owners of non-ordinary residence and non-residential buildings or charges for special services entrusted by owners shall follow a market-adjusted price. Specific standards for property service charges shall be stipulated in the property service contract by all parties.
  Where the government-guided price is followed, administrative departments of price shall work with administrative departments of property management to make classified standards for property services and relevant benchmark and floating ranges by taking comprehensive consideration of average costs of property services, the adjustment range of lowest income standard and the change of the consumer price index, and publicize it to the society. Administrative departments of price shall assess the classified standards for property services and relevant benchmark and floating ranges in every three years, and make timely adjustment according to the assessment result.
  Where property service enterprises provide special services beyond the stipulations in the property service contract to owners or property users, the standard of charge may be agreed by both parties.
  Article 50 Charges for property services may be collected in the way of responsibility system or commission system and so on and the specific ways of charge shall be stipulated by the property service contract. Where the commission system is conducted as a way of charge, property service enterprises shall establish an account of the balance of all kinds of property service funds according to regulations and accept the inspection of the owners’ committee.
  Article 51 Charges for property services shall clearly mark prices, and property service enterprises shall publicize relevant information on service contents, service standards, items of charge and charge standards truthfully.
  Property service enterprises shall regularly and truthfully publicize the property service costs, profits and the balance of operating facilities for business purpose and pooled charges for commonly-used water and electricity according to the stipulations in the property service contract.
  Property service enterprises may collect the property service fees in advance according to the property service contract, but the term of advanced payment shall be no more than one year.
  Article 52 Property service enterprises shall regularly publicize the amount of consumption, unit price and amount of money of water supply, power supply, gas supply and heat supply produced in commonly-used places and by public facilities and equipment, which shall be shared by all the owners according to the actual cost, in the way as stipulated in the property service contract. Where it is not stipulated or not stipulated clearly, it shall be shared based on the proportion of owners’ special sections to the total construction area.
  Where owners or the owners’ committee hold an objection to the allocation of fees of water supply, power supply, gas supply and heat supply produced in commonly-use places and by public facilities and equipment, the property service enterprises shall reply.
  Article 53 Within the area of property management, special operating units such as water supply, power supply, gas supply and heat supply shall charge the end users according to the readings in the meters used by end users, and shall not pass the energy consumption and loss of outdoor pipelines and other facilities to users. End users are referred to as terminal household owners or the actual users receiving the services of water supply, power supply, gas supply and heat supply, etc,.
  Where the property service enterprises are entrusted by special operating units to collect the fees, they shall not charge owners for extra fees such as handling charge, but may receive rewards from special operating units as stipulated.
  Article 54 Property service enterprises shall enjoy favorable national and provincial tax policies relevant to modern service industry. For the fees of all kinds collected by property service enterprises, sales tax and enterprise income tax shall not be collected.
  Prices of water, power and gas used in the process of property services such as maintenance and management of public facilities and equipment, cleaning and greening in the residential community shall be executed according to the standard of prices used by local residents, but the use of water, electricity and gas for business purposes, such as washing cars, catering, etc, are exceptional.
  Article 55 Three months before the expiration of the property service contract, the owners’ committee shall hold the owners’ congress to make decisions on the selection and appointment or reappointment of the property service enterprises, and notify the property service enterprises, the administrative departments of the property management in the county (city or district) where the property is located and sub-district offices (the people’s governments of the town and township the people’s governments of the town and township) in written form, and publicize the announcement in noticeable place in of the property management area.
  Where the property service enterprises decide not to renew the property service contract, they shall notify the owners’ committee, the administrative departments of the property management in the county (city or district) where it is located and sub-district offices (the people’s governments of the town and township) in written form three months before the expiration of the property service contract, and publicize the announcement in noticeable place in the property management area.
  Where the owners’ congress decides to reappoint the enterprise, the owners’ committee shall renew the property service contract with property service enterprises one month before the expiration of the property service contract.
  Article 56 Where the owners’ congress decides to dismiss the property service enterprise, the dismissed property service enterprise shall handle transferring formalities according to provisions. During the period between the dismissed property service enterprise handling transference and leaving the property management area, normal property management order shall be sustained, except otherwise stipulated in the property service contract.
  Where the owners’ congress decides to employ a new property service enterprise, the dismissed property service enterprise shall withdraw from the property management area within 15 days since the expiration of the property service contract, and perform the following handover duties with the owners’ committee or with the appointed property service enterprise under the supervision of the owners’ committee:
  (1) transferring the occupied commonly-used sections of the property and fixed assets such as property office equipment purchased by the operational fees in the first-phase property management;
  (2) transferring relevant materials prescribed in the second paragraph of Article 40 in these Regulations;
  (3) transferring technical materials of the property and materials about usage, maintenance, protection and regular inspection of facilities and equipment formed during the property service and records of operation, maintenance and protection;
  (4) settling all the advance payment and collection and relevant fees of advance payment and collection;
  (5) other items prescribed in laws and regulations and stipulated in the property service contract.
  Where the property service contract is expired and the owners’ congress has not made a decision on employment or reemployment, and the property service enterprise continues to provide service according to the stipulations in the original contract, the rights and duties in the original contract are binding to both parties. During the extension of the right s and duties of the original contract, if either party proposes the termination of the contract, a notification in written form shall be given to the other party and the administrative departments of the property management in the county (city or district) where the property is located and sub-district offices (the people’s governments of the town and township) 3 months in advance and an announcement shall be publicized in noticeable place in the property management area.
  Article 57 The administrative departments of the property management in the county (city or district) where the property is located, and sub-district offices (the people’s governments of the town and township) shall strengthen the supervision on the handover of property service enterprises.
  Where the dismissed property service enterprise refuses to withdraw from the property management area, the administrative departments of the property management of the county (city or district) where the property is located, and sub-district offices (the people’s governments of the town and township) shall order it to withdraw in a time limit, and the owners’ committee may file a lawsuit or apply for arbitration according to law.
  Article 58 The administrative departments of the property management shall establish credit files for the property service enterprise and its project leaders according to the basic information of the property service, its performance of the property service contract, handling of complaints  and daily inspection, and publicize it to the public.
  Article 59 As for the single property or small-scaled property, owners may carry out autonomous property management upon the decision of the owners or owners’ congress and under the supervision of sub-district offices (the people’s governments of the town and township) in the place where the property is located.
  Where the owners carry out autonomous management, decisions shall be made on the following items:
  (1) the executive institution and managers of autonomous management;
  (2) the content, standard, fees and  time limit of autonomous management;
  (3) plans to employ special institution;
  (4) other contents relevant to autonomous management.
  Facilities and equipment concerning people’s personal and property security such as lifts, fire-fighting and security monitoring and those with special requirements shall be entrusted to special institutions to carry out maintenance and protection.
  Chapter VI Property Usage and Maintenance
  Article 60 Owners’ and property users’ usage and maintenance of property shall abide with provisions in laws, regulations and stipulations and decisions made by the owners’ congress, and shall not impair the public interest and others’ legal rights.
  Article 61 The use of public buildings and commonly-used facilities constructed according to the plan in the property management area shall not be changed without permission.
  Normal development and usage of civil air defense works shall not influence its’ function as air defense in the time of war and emergency shelter.
  Article 62 As for the parking places and garages within the property management area planned for parking cars, the project owner shall meet the needs of the owners in this area above all else, and the ownership shall be agreed upon by the related parties in the manners of selling, complimentary using or leasing, etc. 
  The parking places and garages sold or complimentarily used after the project owner handles the registration of pre-sale of commercial housing shall be explicitly indicated, and the ownership certificates and sales prices of parking places and garages to be sold shall be publicized in noticeable place in the property management area. Where the parking places and garages to be sold are fewer than the total number of properties whose owners intend to purchase parking places and garages, it shall be decided in a fair way such as drawing lots and each household can only purchase one parking place or garage.
  As for the parking places and garages which are not sold or complimentarily used, the project owner shall give preference to owners in the area for leasing and the rent shall be paid according to the standard verified by the administrative departments of price; where owners require to rent the parking place and garage, the project owner shall not refuse to rent it and intend to sell it only. Where the parking places and garages to be rented are fewer than the total number of properties whose owners intend to purchase parking places and garages, they shall be rented in a fair way such as drawing lots to the owners who do not purchase or have complimentary use of the parking places and garages, and each household could rent only one parking place or garage.
  Where there are parking places and garages left after the needs of the purchase and lease of owners within the property management area are met above all else, they may be rented to users beyond the property management area, but the lease term shall be not more than six months.
  Article 63 The usage of parking places and garages, which occupy the roads or other fields commonly owned by all the owners, shall be decided by the owners’ congress or the owners’ committee authorized by the owners’ congress.
  Drawing lines for parking places and parking vehicles in the property management area shall not occupy, block and shut evacuation routes, exits, fire brigade passages and shall not impede other vehicles and pedestrians to pass.
  Article 64 Where vehicles are parked in public, commonly-used garages, roads or parking places in the property management area, parking fees shall be paid according to the decisions made by the owners’ congress or the owners’ committee authorized by the owners’ congress.
  Property service enterprises may charge parking fees according to the property service contract. Specific standards of parking fees shall be stipulated and publicized by the administrative departments of price and administrative departments of property management.
  Property service enterprises shall conduct an independent accounting of parking fees. The owners’ committee shall supervise the balance of parking fees and publicize it to the owners’ congress.
  Where the owners have requirements for the preservation of parking vehicles, they shall sign a preservation service contract with the property service enterprise separately.
  Article 65 Before the establishment of the owners’ congress, where there is a need to occupy the public roads or other places to park vehicles, it shall be stipulated in the first-phase property service contract. The property service enterprises shall open an independent accounting of parking fees and 70% of the profits shall be incorporated into special funds for residential maintenance and the rest may be used o subsidize property service fees.
  After the establishment of the owners’ congress, where there is a need to occupy the public roads or other places to park vehicles, and to utilize the owners’ commonly-owned sections and public facilities to engage in business operations such as advertisements, property service enterprises shall ask the owners’ congress or the owners’ committee authorized by the owners’ congress for permission, and then go through relevant formalities and publicize it. The usage of owners’ commonly-owned sections and public facilities to engage in business operations such as advertisements shall obtain the approval of the directly-interested owners. The profits shall be used according to the decisions of the owners’ congress or the owners’ committee authorized by the owners’ congress and stipulations in the property service contract; in case there is no decision or stipulation, they shall be used according to the provisions in the preceding paragraph.
  Article 66 Projects of civil air defense constructed in the property management area according to law shall be marked out in the field according to the planning documents.
  Where projects of civil air defense constructed in the property management area according to law are used as parking places, they shall be open to all the owners. The term of rent shall be not more than three years. The parking places shall not be sold or complimentarily used. The collection of parking fees and rents for the parking places which should be civil air defense shall be used for the maintenance and management of civil air defense facilities and necessary expenses of parking management according to relevant provisions, and the rest shall be used according to the provisions in the first paragraph in article 65 of these Regulations. Management methods and specific charging standards shall be made and publicized by the administrative departments of price of this Province and administrative departments of civil defense and property management.
  Article 67 The following acts are forbidden in the property management area:
  (1) changing the planned usage of property without permission;
  (2) damaging or changing the load-bearing construction and main construction of houses without permission;
  (3) illegally constructing buildings and constructions;
  (4) damaging or occupying, changing the commonly-used sections of the property without permission, damaging or occupying, transferring commonly-used facilities and equipment without permission;
  (5) storing inflammable, explosive, toxic and radioactive substances or objects in violation of security stipulations such as those overloaded;
  (6) making noises and vibration beyond the prescribed standard or impede neighbors’ natural lighting and ventilation;
  (7) disposing garbage, discharging polluted water, abandoning debris and burning in the open air at will;
  (8) occupying greens, destroying greens and greening facilities;
  (9) setting up stands, occupying the passage to do business without permission and parking vehicles disorderly;
  (10) damaging or changing the housing appearance without permission;
  (11) hanging, posting, doodling and painting on the buildings and constructions without permission;
  (12) other acts forbidden by laws, regulations and stipulations.
  If any one of the previous acts happens, the property service enterprise and the owners’ committee shall discourage and stop it in time; if the discouragement and stop does not work, it shall be reported to relevant departments in time and relevant departments shall deal with it according to law in time; owners, property users may file a lawsuit against the acts which infringe their legal rights and interests to the People’s Court; the owners’ committee may file a lawsuit against the acts which infringe the common interest of owners to the People’s Court.
  Article 68 Administrative departments such as urban management, public security, industry and commerce, environmental protection, health and care, and planning shall strengthen the supervision and management on the aspects such as public order, security and fire fighting, environmental hygiene , and usage of houses in the property management area, and establish a registration system for complaints about illegal acts and publicize the names of contact and ways of contact in noticeable place in the property management area and deal with the illegal acts in the property management area according to law.
  Article 69 Where the residential property needs to use the commonly-used sections to carry out secondary development or renovation such as installing elevators, it shall be agreed by over two thirds of the owners whose special sections of this building or unit cover over two thirds of the total construction, comply with laws, regulations and technical standards on planning, land use, construction, environmental protection, and fire fighting management and go through relevant procedures for approval according to law.
  Article 70 Where owners or property users decorate the residence, they shall notify the property service enterprise in advance. The property service enterprise shall inform the owners and property users of the acts forbidden in the residential decoration and notes.
  Owners and property users shall hold relevant materials to go through registration procedures and sign service protocols on residential decoration before decoration projects start. In case there is a need to change the main body of construction or load-bearing structures, the design plans provided by original design units or design units with relevant qualification and audit opinions issued by institutions on the assessment of urban housing security shall be handed over and formalities for approval shall be gone through according to provisions.
  Where owners or property users refuse to go through formalities for registration or approval, property service enterprises may forbid the decoration workers to enter the property management area according to temporary stipulations or stipulations.
  When property service enterprises inspect the residential decoration activities, owners or property users, decoration workers shall not reject or hinder it.
  Article 71 The project owner shall undertake the responsibility of property repair within the warranty period stipulated by the State. After the expiry of the warranty, the responsibility of maintaining the sections of property commonly-used by all the owners shall be undertaken by all the owners, the responsibility of maintaining the partly commonly-used sections of property shall be undertaken by the part of owners and the responsibility of maintaining the special sections of property shall be undertaken by the relevant owners.
  Article 72 The project owner shall undertake the responsibility of maintenance according to the period and scope of warranty stipulated by the State. Where the project owner entrusts the property service enterprises to conduct maintenance, it shall sign an entrustment agreement with the property service enterprises separately.
  Article 73 Where the property poses safety risk, seriously influence the city appearance and impede others’ normal use, owners, property users or property service enterprises shall carry out repair, maintenance and protection measures in time.
  In case of the maintenance, renovation and transformation of commonly-used sections of property and commonly-used facilities and equipment, relevant owners and property users shall cooperate. In case relevant owners and property users impede the maintenance, renovation and transformation, which results in property damage of other owners and property users, the responsible ones shall pay compensation for the damage.
  Article 74 Owners of non-residential property within residential property and residential community shall deposit the first-phase special funds for residential maintenance into the account of special funds for residential maintenance when going through house-residing formalities or registering the house ownership. For the property which is not sold after the expiry of the warranty stipulated by the State, the project owner shall pay the special funds for residential maintenance first.
  The special resident maintenance funds belong to all the owners, specially used for the maintenance, renovation and transformation of commonly-used sections of property and commonly-used facilities and equipment after the expiry of warranty stipulated by the State and shall not be used for other purposes.
  Article 75 After the delivery of residential property, costs for daily maintenance of facilities and equipment such as lifts and fire fighting shall be paid by owners; their renovation and transformation shall be conducted according to relevant laws and regulations and the needed costs shall be paid by owners and the government may give subsidies.
  For the residential property equipped with lifts whose land is transferred after the implementation of these Regulations, the project owner shall deposit 1% of total costs of construction and installation as funds specially used for the renovation and transformation of facilities and equipment such as lifts and fire fighting before the delivery. The funds shall belong to the owners and be incorporated into the special funds for residential maintenance within the property management area.
  Article 76 In case of the following situations which endanger the safety of houses, there is a need to carry out emergency maintenance, renovation and transformation of the commonly-used sections and commonly-used facilitates and equipment of the residential property. Where the relevant owners cannot form majority opinions legally required, property service enterprises, the owners’ committee or relevant owners may propose emergency settlement plan and carry out emergency settlement after the reexamination of departments in charge of special funds for residential maintenance:
  (1) leaking caused by the damage of roof waterproofing;
  (2) elevator breakdown which endangers people’s safety;
  (3) serious damage of public fences which endangers people’s safety;
  (4) façade of one side of the building having a risk of falling off;
  (5) malfunction caused by collapse, blockage and explosion of special pipelining facilities which endangers people’s personal and property safety;
  (6) other situations endangering house safety.
  Costs for emergency maintenance shall be publicized to the owners after the audition, and be allocated according to the share of the special coverage from the accounts of relevant owners’ special funds for residential maintenance; as for the sold public houses, they shall be allocated from special funds for the maintenance of public residence.
  Article 77 When the balance of special funds for residential maintenance is less than 30% of the funds raised in the first phase, owners shall continue to raise special funds for residential maintenance according to relevant national and provincial provisions and decisions of the owners’ congress.
  When applying for real estate transferring registration, owners shall provide relevant voucher of depositing special funds for residential maintenance in full to real estate registration institutions.
  Article 78 The owners’ committee may apply to the department in charge of the special funds for residential maintenance to deposit no less than 80% of the special funds for residential maintenance into a time deposit for more than one year, and the department in charge of the special funds for residential maintenance shall handle it within five working days after it receives the application. The interest shall be taken into relevant owners’ accounts of the special funds for residential maintenance.
  The department in charge of special funds of residential maintenance shall publicize the preservation and appreciation of special funds for residential maintenance to owners, and the owners have the right to inquire the balance of their special funds for residential maintenance.
  The department in charge of special funds for residential maintenance shall perform duties of the preservation and appreciation of maintenance funds according to the usage plan of maintenance funds and the provisions in the first and second paragraphs of this article. The specific methods shall be stipulated by the provincial administrative department of property management and provincial administrative department of finance within one year since the enactment of these Regulations.
  Article 79 For the old residential communities with incomplete affiliated facilities and unfavorable environment, the people’s governments of the city Pided into districts or county (city or district) shall take measures of renovation and transformation, and publicize the plan of renovation and transformation and the annual plan to the society. The scope of the old residential communities shall be decided by the people’s governments of the city Pided into districts or county (city or district).
  Funds for the transformation and construction of roads, lightening and green lands in old residential communities and affiliated buildings and facilities and equipment such as cultural and sports, safety precaution and houses used for property service shall be provided by the government; expenses of the transformation of facilities and equipment in owners’ special sections shall be paid by owners.
  Article 80 In the renovation and transformation of old residential communities, houses used for property services and a proportional number of houses used for property business services may be constructed after the agreement of owners whose interests are concerned and the approval with legal procedures. The business profits of the houses used for property business services shall be used as supplementary funds for the maintenance and management funds for the old residential communities and shall be supervised and used by the owners’ committee.
  Chapter VII Legal Liability
  Article 81 In violation of the provisions in Article 37 of these Regulations, where special operating units refuse to undertake the responsibilities of maintenance, protection or renovation, the administrative department of property management of the county (city or district) shall order them to make correction within a prescribed period of time. Where damages are caused to the owners, special operating units shall bear the responsibility to make compensation according to law.
  Article 82 In violation of the provision in the first paragraph of Article 40 of these Regulations, where the property service enterprises accept property without inspection and examination, the administrative department of property management of the county (city or district) shall order them to make correction within a prescribed period of time and record it into the credit file of property service enterprises.
  Article 83 In violation of the second paragraph of Article 41 of these Regulations, where the property service enterprise fail to publicize the information of acceptance and inspection of property in noticeable place in the property management area, the administrative department of property management of the county (city or district) shall order it to make correction within a prescribed period of time; where it fails to make correction at the expiration of the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
  Article 84 In violation of the first paragraph of Article 48 of these Regulations, where owners and property users fail to pay property service fees according to the stipulations in the property service contract, the owners’ committee and property service enterprises may urge them to pay the fees within the prescribed period of time by means of collecting fees from door to door, or publicizing them in noticeable place in the property management area; where they fail to pay the fees, property service enterprises may file a lawsuit to the people’s court.
  Article 85 In violation of the first and second paragraphs of Article 51 of these Regulations, where property service enterprises fail to publicize service content, service standard, charging items, charging standard, property service funds and profits and balance of facilities for business purpose and information on shared utilities in noticeable place in the property management area, or the publicized information is not true, the administrative department of price in the county (city or district) shall order it to make correction within a prescribed period of time ; where it fails to make the correction at the expiration of the time limit, a fine of not less than 10,000 yuan and not more than 500,000 yuan shall be imposed.
  Article 86 In violation of the provisions of the second paragraph of Article 53 of these Regulations, where the property service enterprise charges owners additional fees such as fees for procedure when it accepts the entrustment to collect fees, the administrative department of price of the county (city or district) shall order it to make correction within a prescribed period of time and return the collected fees.
  Article 87 In case of any of the following acts, the administrative department of property management of the county (city or district) shall order it to make correction within a prescribed period of time; where it fails to make correction within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed and the department which grants qualification certificates may be called on to lower the level of qualification or suspend the qualification certificates:
  (1) in violation of the first paragraph of Article 56 of these Regulations, the dismissed property service enterprise fails to handle transferring formalities according to stipulations, or with exceptions as stipulated in the property service contract, the dismissed property service enterprise fails to maintain the order of property management between the period of handling transferring formalities and evacuating from property management area;
  (2) in violation of the second paragraph of Article 57 of these Regulations, the dismissed property enterprise refuses to withdraw from the property management area.
  Article 88 In violation of the third and fourth paragraphs of Article 62 of these Regulations, where the project owner fails to rent owners in the area preferentially the parking places and garages which have not been sold or  complementarily used, or rents the left parking places and garages to users beyond the property management area for more than six months, the administrative department of property management shall order it to make correction within a prescribed period of time and confiscate illegal incomes; where it fails to make correction within the time limit, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.
  In violation of the third paragraph of Article 62 in these Regulations, where the project owner refuses to rent, but only sells the parking places and garages which owners require to rent, the administrative department of property management of the county (city or district) shall order it to make correction within a prescribed period of time; where it fails to make correction within the time limit, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.
  Article 89 In violation of the second paragraph of Article 66 of these Regulations, where the civil air defense projects which are used as parking places are not open to all the owners, the lease term of parking places is over three years or the parking places are sold or complementarily used, the administrative department of the civil defense above the county level shall order it to make correction within a prescribed period of time and confiscate illegal incomes; where it fails to make correction within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed.
  Article 90 In violation of the first paragraph of Article 67 in these Regulations, where damages to people are caused, civil responsibilities shall be undertaken; in violation of administrative stipulations, the relevant administrative departments of planning, construction, housing management, urban management, public security, and environmental protection etc. of people’s government above the county level shall carry out investigation and punishment according to their respective duties.
  Article 91 Where a crime is not constituted, the  staff of the administrative department of property management of the people’s government above the county level, sub-district offices (the people’s governments of the town and township) and other relevant departments who abuse powers, engage in malpractice for personal gains and neglect duties shall be given administrative sanctions according to law; where a crime is constituted, the criminal liabilities shall be investigated according to law.
  Chapter VIII Supplementary Provisions
  Article 92 The commonly-used sections of residence as referred to in these Regulations are the sections shared by owners in inPidual residence or sections shared by owners in inPidual residence and non-residential property owners whose structures are connected, usually including the foundation of residence, load-bearing structures, pillars, beams, roofs and outdoor walls, lobbies, stairwells and passageways, etc according to laws, regulations and housing selling contracts.
  The commonly-used facilities and equipment as referred to in these Regulations are affiliated facilities and equipment shared by residential owners or shared by residential owners and relevant non-residential owners, usually including lifts, antennas, lightening, fire fighting facilities, safety monitoring facilities, green lands, roads, lights, ditches, ponds, wells, parking places and garages not for business use, public cultural and sports facilities and houses used for commonly-used facilities and equipment according to laws, regulations and housing selling contracts.
  The size and number of people stipulated in these Regulations shall be calculated according to the following ways:
  (1) the size of special sections shall be calculated according to the size recorded in the fixed asset registration; where it is not registered, it shall be calculated according to the real size measured by surveying and mapping institutions; where its real size is not measured, it shall be calculated according to the size recorded in the housing selling contract; the total size of the building shall be calculated as the total of preceding statistics.
  (2) the number of owners shall be calculated by the number of special sections and one special section is calculated as one person. For the sections which are not sold by the project owner and the sections which are sold but not delivered and more than one special section held by the same one person, it shall be calculated as one person; the total number of persons shall be calculated as the total of preceding statistics.
  Article 93 These Regulations shall enter into effect as of May 1, 2013.

 

 

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