Fujian Province property service charges management approach to property service charges in Fujian Province management approach to property service charges

Article 1 In order to regulate the behavior of property service charges in our province, and safeguard the legitimate rights and interests of property owners and property service enterprises, according to the "Chinese People's *** and the State Price Law", the State Council "Property Management Regulations", "Property Management Regulations in Fujian Province," and the National Development and Reform Commission, the former Ministry of Construction issued by the "Management of Property Service Charges" and "Property Service Pricing Cost Supervision Measures," the provisions of the actual situation of the province.

The second article within the administrative region of the province, with the legal property management qualification of the property service enterprises to provide property services in the property service area of the charging behavior, the application of this approach.

Article 3 The property service charges referred to in these measures refers to the property service enterprises in accordance with the agreement of the property service contract, the residential, non-residential housing and ancillary facilities and equipment and related venues for repair, maintenance, management and services, and maintenance of environmental hygiene and public **** order in the relevant areas, the fees charged to the owners.

Article 4 The government promotes the owners to choose property service enterprises through open, fair and impartial market competition mechanism; encourage property service enterprises to carry out legitimate price competition, prohibit price fraud and price discrimination, and promote the formation of property service charges through market competition.

Article 5 of the property service charges shall follow the lawful, reasonable, open and fee items, standards and service content, quality and consistent with the principle.

Article VI of the property service charges to implement a unified policy, hierarchical management. Provincial government departments in charge of prices, in conjunction with the provincial real estate administrative department is responsible for the development of the province's property service charges policy, guidance and coordination of the province's property service charges supervision and management work. Municipal, county and district government departments in charge of prices in conjunction with the same level of real estate administrative department is responsible for the supervision and management of property service charges within the administrative area.

Article VII of the property service charges distinguish between the nature and characteristics of different properties, respectively, the implementation of government-guided price and market-adjusted price.

Residential (excluding villas, low-density townhouses, high-grade residential, the same below) the early property service charges to implement the government-guided price. Other property service charges market-adjusted price.

Article VIII of the implementation of the government-guided price of property service charges in the form of a lump sum system, by the municipal and county government departments in charge of prices, in conjunction with the same level of real estate administrative departments, according to the nature of the property, the type of hardware facilities, the environment, the content of the property services, the quality of the factors, combined with the actual local situation, the cost of supervision, the unified development or adjustment of the property service charges for the level of standard and the appropriate level Charges benchmark prices and their fluctuations, and announced to the community.

The specific property service charges for new residential buildings are agreed upon in the property service contract between the development and construction unit and the property service enterprise according to the published guide price.

Pre-period property service contract expires but did not set up the owners' meeting, such as the content of services and charges remain unchanged, by the property service enterprises in the contract expires one month before the expiration of the property management area in a conspicuous location for publicity, the expiration of the contract period, the property service enterprises are still to provide not less than the original quality of service, if there is no proprietary part of the owners of the building accounted for more than half of the total area of the building and accounted for more than half the number of total number of owners. Owners (hereinafter referred to as "double half of the owners") to raise objections, you can continue to apply the original service content and charges; if you want to adjust the charges, it must be agreed by the double half of the owners, by the property service enterprises and the owners of the published guideline price within the scope of a new agreement.

Contract performance period, the cost of property services due to policy factors or service items and content of large changes, such as adjusting the fees, property service enterprises should be in a prominent position in the property management area on the changes in the cost of property services to be publicized, and agreed to by more than half of the owners of the property services by the property service enterprises and the owners of the published guideline prices within the scope of the negotiation of the re-agreement on the specific charges.

Article IX market-adjusted price of property service charges, did not produce the owners' committee, to take the form of lump-sum system, by the development and construction units or property service enterprises and property buyers on the content of the service and charges agreed in the property service contract; has produced the owners' committee, can be taken in the form of lump-sum system or honorarium, etc., on behalf of the owners of the owners' committee of the owners of the service and the property service enterprises in the contract. The owners' committee on behalf of the owners and the property service enterprise on the content of the services and charges agreed in the property service contract.

Article 10 of the lump-sum system refers to the property owners to pay fixed property service costs, surplus or deficit are enjoyed or borne by the property service enterprises of property service billing.

The honorarium system refers to the property service enterprises in the pre-collected property service funds in accordance with the agreed ratio or agreed amount of remuneration, and the rest of the property service contract for all the agreed expenditures, surplus or deficit are enjoyed or borne by the owners of the property service billing method.

Article 11 of the implementation of the property service fee system, the composition of the property service fee, including the cost of property services, statutory taxes and fees and reasonable profit of the property service enterprises.

Property service costs in accordance with the National Development and Reform Commission, the former Ministry of Construction "on the issuance of" property service pricing cost monitoring approach (for trial implementation) "Notice" by the personnel costs, property *** with parts and *** with facilities and equipment for daily operation and maintenance costs, greening and maintenance costs, cleaning and sanitation costs, order maintenance costs, property *** with parts and *** with facilities and equipment and public liability Insurance costs, office expenses, depreciation of fixed assets and other costs agreed by the owners' association.

If the system of honorarium for property service expenses is implemented, the property service funds collected in advance include property service expenses and honorariums of property service enterprises.

Article XII of the new property for sale, the development and construction unit shall select and employ property service enterprises for the preliminary property management, the signing of the preliminary property service contract.

Development and construction units and property buyers signed a contract for the sale of housing, should include the content of the preliminary property service contract, the preliminary property service contract shall agree on the content of the property services, fees, charges, fees, billing and billing start time, etc., involving the property buyer **** the same interests of the agreement should be consistent. At the same time in the sale of property should be expressed in the interim management statute and be explained, the property buyer to comply with the interim management statute should be a written commitment.

Article XIII of the property service area, water supply, power supply, gas supply, communications, cable television and other units should be charged to the end-user fees: the owners of self-use to the owners of the property; property service enterprises to charge the use of property service enterprises; public **** use by the owners of the real share, the specific apportionment by the property service enterprises and the development and construction units, the owners or owners' committee in the property The specific apportionment method is agreed by the property service enterprise and the development and construction unit, the owner or the owners' committee in the property service contract. Development and construction units in the contract of sale and purchase of housing should include the content of the above agreement.

Property service enterprises to accept the water supply, electricity, gas, communications, cable television and other units commissioned on behalf of the fees, may be charged to the commissioning unit on behalf of the commissioning fee, but shall not be charged to the owners of the handling fee and other additional costs.

Property service enterprises shall not in any name to the water supply, power supply, gas supply, communications, cable television and other units to collect property management area supporting facilities for property service costs.

Article XIV of the property service charges according to the certificate of ownership of housing registered building area (excluding the area of ancillary rooms with residential support). Without the certificate of ownership of housing, property service fees are temporarily charged according to the building area indicated in the contract of sale of housing, after the certificate of ownership of housing according to the registered area of the settlement, the more the less the compensation. Not yet sold, according to the real estate administrative department confirmed the registration of housing ownership area charged.

Article 15 The property service fees are collected monthly from the date of delivery of the property to the buyer. Except for voluntary prepayment by the owner.

The property service expenses incurred in the month from the effective date of the pre-property service contract to the date of delivery of the house for sale shall be borne by the development and construction unit; the property service expenses of the completed unsold house shall be borne by the development and construction unit; the property service expenses incurred in the month from the following month of the date of delivery of the house for sale to the date of termination of the pre-property service contract shall be borne by the buyer of the property in accordance with the agreed standards of property service charges for the pre-property service agreed in the contract of sale and purchase of houses. Pre-performance property service charges; development and construction units committed to reduce the property service fees, the reduction of part of the property service costs borne by the development and construction units.

Article XVI of the property has been delivered to the buyer, but the property management area of the relevant equipment and facilities are not yet complete or not delivered for use, the property service charges should be appropriate downward. The implementation of government-guided price of the specific floating method by the municipal and county government departments in charge of prices in conjunction with the administrative department of real estate; the implementation of market-adjusted price, by the owners of the property and property service enterprises to negotiate. The previous property service contract agreed charges and downward fluctuation of the actual charges after the difference between the construction unit.

Article XVII of the owners shall pay the full amount of property service fees in accordance with the agreement of the property service contract. Owners of property service contracts in violation of the agreement of the late payment of property service costs, has set up a general meeting of owners, the owners' committee shall urge the payment of the deadline, the late payment, the property service enterprises can be recovered according to law.

Owners and property users agreed to pay the property service fees by the property user, from its agreement, the owners are jointly and severally liable for payment.

Property property rights transfer, the original owner or property users should be settled property service fees. Property service fees are settled until the month of the date of transfer of property rights.

Article 18 of the property service charges for the implementation of the honorarium system, the pre-collected property service funds belong to the nature of the escrow, for the owners of the payment, the property service enterprises shall not be used for the property service contract agreed upon other than the expenditure.

Property service enterprises shall announce to the owners' meeting or all owners of the annual budget of property service funds, and at least once a year to announce the income and expenditure of property service funds, while accepting the owners or the owners' meeting of the questioning.

Article 19 of the property service costs of the implementation of the honorarium system, the property service enterprises or the owners' association can be agreed in accordance with the property service contract to hire a professional organization on the property service funds annual budget and property service funds for the audit of income and expenditure. The auditing costs are borne by the owners' general meeting, the owners' committee on behalf of the owners and the property service enterprise in the property service contract.

Article 20 The use of property *** use parts, *** use facilities and equipment for business, must comply with laws, regulations and management statutes (temporary management statute) and other provisions, shall obtain the consent of the relevant owners and owners' general meeting, in accordance with the provisions of the relevant procedures, and inform the property service enterprises. The proceeds should be mainly used to supplement the residential special maintenance funds, can also be used in accordance with the decision of the owners' general meeting. Property service enterprises involved in the operation, according to the contract between the two parties.

Article 21 of the property service enterprises have been entrusted with the implementation of property services corresponding to the collection of service fees, other departments and units shall not repeat the same nature and content of the fees.

Article 22 of the property service enterprises according to the owners of the commission to provide services other than those agreed upon in the property service contract, the service charges by the property service enterprises and commissioned by the owners of the services agreed upon by both parties.

Article 23 The property service enterprises of the same property service area at the same time delivery and the same nature of use and the same type of property service charges shall be charged at a uniform standard, and shall not take any form of price discrimination.

Article 24 The price authorities at all levels of government should strengthen the implementation of government-guided price of property service charges supervision, seriously organize the implementation of property service charges pricing cost monitoring work, the real estate administrative departments at the same level should cooperate with the price department.

Article 25 The price and real estate administrative departments at all levels of government shall strengthen the implementation of market-regulated price of property services to guide and regulate the behavior, and to promote the property-related main body of the reasonable agreement on charges and related matters.

Article 26 of the property service charges are clearly marked. Property service enterprises shall, in accordance with the National Development and Reform Commission, the former Ministry of Construction, "property service charges marked price regulations" requirements, do a good job marked price.

Article 27 The competent department of price and real estate administrative department, shall strengthen the property service enterprises, service content, service standards, charges, fees and charges supervision and inspection. Property service enterprises in violation of national and provincial property management regulations and relevant price laws, regulations and provisions of the competent department of real estate administration and the competent department of price according to the division of functions, respectively, in accordance with the relevant laws, regulations and provisions shall be punished.

Article 28 The municipal price departments in conjunction with the same level of real estate administrative departments can be based on this approach to develop specific implementation measures, and reported to the Provincial Price Bureau, Provincial Housing and Urban-Rural Development Department for the record.

Article 29 These Measures shall be interpreted by the Provincial Price Bureau and the Provincial Department of Housing and Urban-Rural Development in accordance with their respective responsibilities.

Article 30 These measures shall be implemented from August 1, 2010 onwards.