Chapter VI Use and Maintenance of Property
Article 60 When using and maintaining the property, the owners and users of the property shall abide by the provisions of laws, regulations, management regulations and the decisions of the owners' meeting, and shall not harm the public interests or the legitimate rights and interests of others.
Sixty-first public buildings and facilities built according to the plan in the property management area shall not be changed without authorization.
The development and utilization of civil air defense engineering facilities in peacetime shall not affect its wartime air defense efficiency and emergency evacuation function.
Article 62 When parking spaces and garages are planned for parking cars in the property management area, the construction unit shall first meet the parking needs of the owners in the area, and their ownership shall be agreed upon by the parties through sale, gift or lease.
Parking spaces and garages sold or donated by the construction unit after the pre-sale registration of commercial housing shall be clearly indicated and publicized in a prominent position in the property management area, and the property right certificate and sale price of the parking spaces and garages to be sold shall be publicized. When the number of parking spaces and garages to be sold is less than the number of houses required to be purchased by the owners of the parking spaces and garages in the region, it shall be determined by fair means such as drawing lots, and each owner can only purchase one parking space or garage.
Parking spaces and garages that have not been sold or donated by the construction unit shall be given priority to the owners in this area, and the rent shall be implemented according to the standards approved by the price administrative department; If the owner requests to rent parking spaces and garages, the construction unit shall not only sell them but also rent them. When the number of parking spaces and garages to be rented is less than the number of houses to be rented by the owners of parking spaces and garages in this area, the owners who have not purchased or donated parking spaces and garages shall be determined by fair means such as drawing lots, and each owner can only rent one parking space and garage.
If there are spare parking spaces and garages after first meeting the needs of owners in the property management area, they can be rented to users outside the property management area, but the lease period shall not exceed six months.
Article 63 Parking spaces and garages that occupy roads or other sites owned by owners for parking cars shall be decided by the owners' congress or the owners' committee authorized by the owners' congress.
Parking spaces and vehicles within the property management area shall not occupy, block or close evacuation passages, fire exits and fire truck passages, and shall not affect the normal traffic of other vehicles and pedestrians.
Sixty-fourth in the property management area * * *, * * equipped with garages, roads, venues, should be based on the decision of the owners' assembly or the owners' committee authorized by the owners' assembly to pay car parking fees.
Property service enterprises can charge car parking fees according to the property service contract. The specific standards for parking fees shall be formulated and published by the price administrative department in conjunction with the property management administrative department.
The realty service enterprise shall separately account for the parking fees and independently account for them. The owners' committee shall supervise the revenue and expenditure of parking fees and report to the owners' congress.
If the owner has custody requirements for vehicle parking, he shall sign a custody service contract with the property service enterprise separately.
Sixty-fifth before the establishment of the owners' congress, it is necessary to occupy the roads or other venues jointly owned by the owners, which shall be agreed in the preliminary property service contract. The realty service enterprise shall separately calculate the car parking fee, and 70% of the income shall be included in the special housing maintenance fund, and the rest can be used to subsidize the property service fee.
After the establishment of the owners' congress, if it is necessary to occupy the roads or other venues owned by the owners and use some facilities owned by the owners for advertising and other business activities, the realty service enterprise shall submit it to the owners' congress or the owners' committee authorized by the owners' congress for decision, go through the relevant formalities and publicize it according to law. The use of part of the owner's facilities to engage in advertising and other business activities shall also be approved by the interested owners. The proceeds shall be used in accordance with the decisions of the owners' congress or the owners' committee authorized by the owners' congress and the stipulations of the realty service contract; If there is no decision or agreement, it shall be used in accordance with the provisions of the preceding paragraph.
Sixty-sixth civil air defense projects built according to law within the property management area shall be marked on the spot according to the design documents.
Civil air defense works built according to law in the property management area are usually used as parking spaces and open to all owners. The lease term shall not exceed three years, and the parking space shall not be sold or donated.
The parking fees and rents charged by civil air defense works as parking spaces in peacetime shall be regarded as the necessary expenses for the maintenance and parking management of civil air defense works facilities in accordance with relevant regulations, and the remaining expenses shall be used in accordance with the provisions of the first paragraph of Article 65 of these regulations. Management measures and specific charging standards shall be formulated and promulgated by the provincial price administrative department in conjunction with the administrative departments of property management and civil defense.
Article 67 The following acts are prohibited within the property management area:
(a) changing the use of property planning without authorization;
(two) damage or unauthorized changes to the bearing structure and main structure of the house;
(three) illegal construction of buildings and structures;
(four) damage or unauthorized occupation, alteration of property, damage or unauthorized occupation, relocation of facilities and equipment;
(5) storing inflammable, explosive, toxic, radioactive or overloaded articles that violate safety regulations;
(six) noise and vibration that exceed the prescribed standards or affect the lighting and ventilation of neighbors;
(seven) dumping garbage, discharging sewage, throwing debris and burning in the open air;
(eight) occupation of green space, destruction of greening and greening facilities;
(nine) set up stalls, unauthorized occupation of roads, parking vehicles;
(ten) destroying or changing the appearance of the house without authorization;
(eleven) hanging, posting and scribbling on buildings and structures without authorization;
(twelve) other acts prohibited by laws, regulations and management regulations.
One of the acts listed in the preceding paragraph, the realty service enterprise and the owners' committee shall promptly discourage and stop; If it is ineffective to dissuade or stop it, it shall report to the relevant competent department in time, and the relevant competent department shall deal with it in time according to law; Owners and property users who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law; The owners' committee may bring a lawsuit to the people's court in accordance with the law against the interests of the owners.
Sixty-eighth administrative departments such as urban management, public security, industry and commerce, environmental protection, health and planning. We should strengthen the supervision and management of public order, public security and fire control, environmental sanitation and housing use. In the property management area, the establishment of illegal complaints registration system, in a prominent position in the property management area announced the contact name and contact information, according to the law to deal with illegal acts in the property management area.
Article 69 Where a residential property needs to be partially built with elevators for development and transformation, it shall be approved by the owner of the building or the unit whose exclusive part accounts for more than two thirds of the total construction area and more than two thirds of the total number of people, and shall comply with laws, regulations and technical standards such as planning, land, construction, environmental protection and fire control management, and go through relevant examination and approval procedures according to law.
Seventieth owners or property users should inform the property service enterprises in advance when decorating their houses. The realty service enterprise shall inform the owners or property users of the prohibited behaviors and precautions in residential decoration.
The owner or the user of the property shall, before the start of the residential decoration project, handle the filing formalities with the property service enterprise with relevant materials and sign the residential decoration service agreement. If the main body or load-bearing structure of the building is changed, the design scheme put forward by the original design unit or the design unit with corresponding qualification grade and the examination and approval opinions issued by the urban housing safety appraisal institution shall be submitted, and the examination and approval procedures shall be handled in accordance with the provisions.
If the owner or the user of the property refuses to go through the registration and approval procedures, the property service enterprise may, according to the temporary management statute or management statute, prohibit the decoration construction personnel from entering the property management area.
When the realty service enterprise inspects the residential decoration activities, the owner or the property user and the decoration construction personnel shall not refuse or hinder it.
Article 71 During the warranty period stipulated by the state, the construction unit shall be responsible for the warranty of the property. After the warranty period expires, the maintenance responsibility of all the * * * parts of the property shall be borne by all the owners, the maintenance responsibility of the * * * part of the property shall be borne by some owners, and the maintenance responsibility of the exclusive part of the property shall be borne by the owners.
Article 72 The construction unit shall undertake the warranty responsibility of the property according to the warranty period and scope stipulated by the state. If the construction unit entrusts a realty service enterprise with warranty, it shall sign an entrustment agreement with the realty service enterprise separately.
Seventy-third property security risks, seriously affect the city appearance or hinder the normal use of others, the owners, property users or property services companies should timely repair, maintenance or take preventive measures.
Relevant owners and property users shall cooperate with the maintenance, renewal and transformation of * * * parts of the property and * * * facilities and equipment. If the relevant owners and property users obstruct the maintenance, renewal and transformation, causing property losses to other owners and property users, the responsible person shall make compensation.
Seventy-fourth owners of residential and non-residential properties in residential areas shall deposit the first phase of residential special maintenance funds into the residential special maintenance fund account when handling the house occupancy formalities or the registration of house ownership. For the unsold property after the expiration of the warranty period stipulated by the state, the construction unit shall deposit the special maintenance fund for the residence in advance.
Residential special maintenance funds belong to the owners, earmarked for the maintenance, renovation and transformation of this part of the property and the facilities and equipment used by the state after the expiration of the warranty period, and shall not be used for other purposes.
Seventy-fifth residential property delivery, elevator, fire and other facilities and equipment daily maintenance costs borne by the owners; Its renovation should be carried out in accordance with relevant laws and regulations, and the required funds should be borne by the owners, and the government can give subsidies.
After the implementation of these regulations, if the transferee's residential property is equipped with elevators, the construction unit shall deposit funds in proportion to the total construction and installation cost 1% before delivery, which shall be used exclusively for the renovation of elevators, fire-fighting facilities and equipment. This fund belongs to the owner and is included in the management of residential special maintenance funds within the property management area.
Article 76 In case of any of the following situations that endanger the safety of houses, it is necessary to immediately carry out emergency maintenance, renovation and transformation of the common parts and facilities of residential properties, and the relevant owners cannot form a legal majority opinion, the realty service enterprise, the owners' committee or the relevant owners may put forward an emergency treatment plan, which will be implemented after being audited by the escrow department of residential special maintenance funds:
(a) the roof waterproof damage caused by leakage;
(two) elevator failure endangers personal safety;
(three) the public fence is seriously damaged, endangering personal safety;
(four) the unilateral facade of the building is in danger of falling off;
(five) special drainage facilities due to collapse, blockage, burst and other functional obstacles, endangering personal and property safety;
(six) other circumstances that endanger the safety of the house.
Emergency maintenance expenses shall be audited and publicized to the owners, and shall be charged from the subsidiary ledger of relevant owners' residential special maintenance funds according to the exclusive area; Which involves the sale of public housing, from the public housing residential special maintenance funds charged.
Seventy-seventh residential special maintenance fund balance is less than 30% of the initial amount raised, the owners should continue to raise residential special maintenance funds in accordance with the relevant provisions of the state and province and the decision of the owners' meeting.
When applying for real estate transfer registration, the owner shall provide the real estate registration agency with the relevant documents that have been fully deposited with the special maintenance fund for the house.
Article 78 The owners' committee may apply to the escrow department of residential special maintenance funds for converting not less than 80% of the residential special maintenance funds into time deposits for more than one year, and the escrow department of residential special maintenance funds shall handle it within five working days from the date of receiving the application. Interest is included in the subsidiary ledger of relevant owners' special maintenance funds.
The escrow department of residential special maintenance funds shall disclose the preservation and appreciation of residential special maintenance funds to the owners, and the owners have the right to inquire about the balance of their own residential special maintenance funds.
The escrow department of residential special maintenance funds shall, according to the plan for the use of maintenance funds and the provisions of the first and second paragraphs of this article, fulfill the responsibility of maintaining and increasing the value of maintenance funds. The specific measures shall be formulated by the provincial property management administrative department and the provincial financial administrative department within one year from the date of implementation of these regulations.
Article 79 For old residential areas with incomplete supporting facilities and harsh environment, the municipal and county (city, district) governments with districts shall take measures to carry out renovation and renewal, and announce the renovation and renewal plans and annual plans to the society. The scope of the old residential area is determined by the municipal and county (city, district) governments with districts.
The government is responsible for the reconstruction and construction funds of supporting buildings and facilities such as roads, lighting, green space, culture and sports, security and property services in old residential areas; The owner shall bear the decoration expenses of some proprietary facilities and equipment.
Article 80 With the consent of interested owners and the approval of legal procedures, the transformation of old residential quarters can build property service rooms and a certain proportion of property service business rooms. The operating income of the property service business premises shall be used as supplementary funds for the maintenance and management expenses of the old residential quarters, and shall be subject to the supervision of the owners' congress.
Chapter VII Legal Liability
Article 81 If a professional business unit, in violation of the provisions of Article 37 of these regulations, refuses to undertake the responsibility of maintenance, conservation or renewal, the county (city, district) property management administrative department shall order it to make corrections within a time limit, and if losses are caused to the owners, it shall be liable for compensation according to law.
Article 82 If a realty service enterprise, in violation of the provisions of the first paragraph of Article 40 of these regulations, undertakes the property that has not been accepted, the county (city, district) property management administrative department shall order it to make corrections within a time limit and record it in the credit file of the realty service enterprise.
Article 83 In violation of the provisions of the second paragraph of Article 41 of these regulations, if the property service enterprise fails to announce the property inspection in a prominent position within the property management area, the county (city, district) property management administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 1 10,000 yuan or more and10,000 yuan or less shall be imposed.
Article 84 If, in violation of the provisions of the first paragraph of Article 48 of these regulations, the owner or the user of the property fails to pay the property service fee in accordance with the stipulations of the property service contract, the owners' committee and the property service enterprise may urge them to pay within a time limit by means of on-site reminders and publicity in a prominent position in the property management area; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
Article 85 In violation of the provisions of the first and second paragraphs of Article 51 of these regulations, if the realty service enterprise fails to publicize the service contents, service standards, charging items, charging standards, revenue and expenditure of realty service fees, configuration of operating facilities and public facilities or publish false information in a prominent position within the realty management area, the county (city, district) price department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than fifty thousand yuan shall be imposed.
Article 86 Where a realty service enterprise, in violation of the provisions of the second paragraph of Article 53 of these regulations, collects fees and other extra fees from the owners when accepting the entrustment, the county (city, district) price department shall order it to make corrections within a time limit and refund the fees already collected.
Eighty-seventh one of the following acts, the county (city, district) property management administrative departments shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed, and the department that issued the qualification certificate may be requested to lower the qualification level according to law until the qualification certificate is revoked:
(a) in violation of the provisions of the first paragraph of Article 56 of this Ordinance, the dismissed realty service enterprise fails to go through the handover procedures in accordance with the provisions, or, unless otherwise agreed in the realty service contract, the dismissed realty service enterprise fails to maintain the normal property management order during the handover to exit the realty management area;
(two) in violation of the provisions of the second paragraph of article fifty-seventh, the dismissed property service enterprise refused to withdraw from the property management area.
Article 88 In violation of the provisions of the third and fourth paragraphs of Article 62 of these regulations, if the construction unit fails to give priority to the owners in the unsold or donated parking spaces and garages, or rents the redundant parking spaces and garages to users outside the property management area for more than six months, the county (city, district) property management administrative department shall order it to make corrections within a time limit and confiscate the illegal income; If no correction is made 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 provisions of the third paragraph of Article 62 of this Ordinance, the construction unit only sells the parking spaces and garages that the owners require to rent, and the county (city, district) property management administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than one hundred thousand yuan but not more than five hundred thousand yuan shall be imposed.
Article 89 If, in violation of the provisions of the second paragraph of Article 66 of these regulations, the civil air defense works that are usually used as parking spaces are closed to all owners, the lease period of parking spaces exceeds three years, or parking spaces are sold or donated, the competent civil defense administrative department at or above the county level shall order it to make corrections within a time limit and confiscate its illegal income; If no correction is made 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 Whoever violates the first paragraph of Article 67 of these regulations and causes damage to others shall bear civil liability according to law; In violation of administrative regulations, the relevant administrative departments of planning, construction, housing management, urban management, public security and environmental protection of local governments at or above the county level shall investigate and deal with them according to their respective responsibilities.
Article 91 If the staff of the property management administrative department, sub-district offices (township governments) and other relevant competent departments of the local people's governments at or above the county level abuse their powers, neglect their duties or engage in malpractices for personal gain, which does not constitute a crime, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 92 The * * * part of a house as mentioned in these Regulations refers to the part of a single house shared by the owner of the house or the non-residential owner connected with the structure according to laws, regulations and the house sales contract, and generally includes the foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, halls, stairwells, corridors, etc.
The facilities and equipment used by * * * as mentioned in these Regulations refer to the ancillary facilities and equipment shared by residential owners or residential owners and relevant non-residential owners according to laws, regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, monitoring and security facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and * * * use.
The area and number of people specified in these Regulations shall be calculated according to the following methods:
(a) the exclusive area is calculated according to the area recorded in the real estate register; Not yet registered, temporarily calculated according to the measured area of surveying and mapping institutions; Not yet measured, temporarily calculated according to the area recorded in the housing sales contract; The total construction area is calculated according to the statistical sum mentioned in the preceding paragraph;
(two) the number of owners is calculated according to the number of proprietary parts, and one proprietary part is calculated according to one person. However, if the same buyer owns more than one exclusive part of the part that has not been sold by the construction unit and has been sold but not delivered, it shall be counted as one person; The total number of people is calculated according to the statistical sum mentioned in the preceding paragraph.
Article 93 These Regulations shall come into force on May 1 day, 2065.
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