Zhongcheng Qingtai. Real estate perspective: "Jinan City property management regulations" after the implementation of the street office, town people's government property management responsibilities work review.

Published:

2022-04-25

The Sub-district Office (hereinafter referred to as the "Sub-district Office") is the management agency of the township-level administrative district in my country. It is an agency dispatched by the district government and belongs to the township-level administrative district management agency with the town people's government (hereinafter referred to as the "town government"). Construction, public services, urban management, social governance, etc. exercise comprehensive management functions, are fully responsible for the coordination of regional, social, and mass work in the jurisdiction, and create a good development environment. One end of the street office and the town government is connected with the grass-roots level of society, which is the "nerve endings" closest to the people; the other end is connected with the government, which is the foothold of government power, implements the political intention and administrative concept of the higher government, and widely contacts the residents in the jurisdiction, It plays an important role in promoting regional economic development, serving and improving people's livelihood, and comprehensive management of social security. The street office and the town government are powerful assistants to the policy of governing the country according to law. The "Jinan City Property Management Regulations", which will be implemented on May 1, 2022, clarifies the organization, coordination, guidance and supervision of "people" and "things" in the property management area by the street office and the town government. Regarding the responsibilities of the street office and the town government in property management, Article 5 of the Jinan City Property Management Regulations makes inductive provisions on the responsibilities of the street office and the town government. The relevant content of the regulations also shows many bright spots. The specific content is analyzed and summarized as follows: The 1. is responsible for organizing and guiding the establishment of the owners' assembly and the election and change of the owners' committee in its jurisdiction. 1. Set up the preparatory group for the owners' meeting The construction unit or the preliminary property service person shall report the number, area and proportion of owners to the subdistrict office and the town government within 10 days from the date of delivery. If the conditions for holding the first owners' meeting are met, the subdistrict office and the town government shall form a preparatory group for the owners' meeting within 60 days. The construction unit or the preliminary property service person shall submit a written report in accordance with the requirements of the subdistrict office and the town government, the subdistrict office and the town government shall have the right to inquire the name of the owner, the location of the house and the floor area of the exclusive part of the real estate registration institution. 2, send personnel to serve as the leader of the preparatory group The preparatory group consists of an odd number of more than 7 people, and the group leader is appointed by the neighborhood office and the town government, who is responsible for presiding over and convening the preparatory group. The preparatory group shall announce the list of its members and their duties within 10 days after its establishment. 3. Extension of consent and re-establishment of the preparatory group The preparatory group shall organize the first meeting of the owners' assembly within 90 days from the date of its establishment. If there are special circumstances, with the consent of the street office and the town government, it can be extended for 30 days and announced in the property management area. If the task of organizing the first meeting of the owners' assembly is not completed, the preparatory group shall be dissolved on its own. Within 90 days from the date of dissolution of the preparatory group, the subdistrict office and the town government shall re-establish the preparatory group. 4. Determine the list of candidates for the members of the owners' committee The candidates for the members of the owners' committee shall be selected by the owners' self-recommendation or joint recommend. The list shall be determined by the street office and the town government, and the basic information of the candidates shall be publicized by the preparatory group in the property management area. 5. Receive the filing information of the owners' committee The district housing and urban-rural construction authorities will push the filing information of the eligible owners' committee to the street office and the town government. 6. Urge the owners' committee to prepare for the general election 90 days before the expiration of the term of office of the owners' committee, it shall report in writing to the street office and the town government, and start the preparatory work for the general election; if the owners' committee fails to report within the time limit or start the preparatory work for the general election, the street office and the town government shall urge it to perform its duties. 7. Establishment of temporary property management committee If the conditions for the establishment of the owners' meeting are met, the owners' meeting has been organized twice but the owners' committee has not been elected, or the owners' committee needs to be re elected due to the expiration of its term of office or the vacancy of its members or being removed. However, a new owners' committee cannot be elected after being organized and guided by the street office and the town government twice, The street office and town government shall form a temporary property management committee. The director and deputy director of the temporary property management committee are selected by the neighborhood office and the town government from the representatives of the residents committee and the owners. The street office and the town government shall publicize the list of members of the temporary property management committee in the property management area before the establishment of the temporary property management committee, and the publicity time shall not be less than 7 days; if the owner has any objection, he may submit it to the street office or the town government with his real name. 2. supervise the owners' assembly and owners' committee to perform their duties according to law 1. Supervise the transfer of relevant matters of the original owners' committee Supervise the original owners' committee to transfer the seals, funds, office space, articles and materials kept and used by the original owners' committee to the new owners' committee within 3 days from the date of expiration of the term of office. 2. Supervise the legal compliance of the decisions of the owners' assembly and the owners' committee The decisions of the owners' assembly and the owners' committee shall not violate the provisions of laws, regulations, management regulations and rules of procedure of the owners' assembly. In case of violation of laws, regulations and other provisions, the street office or the town government shall order it to make corrections within a time limit or revoke its decision, and make an announcement to all owners. 3. Supervise the owners' committee to perform its duties in accordance with the law and regulations, and not damage the owners' rights and interests The owners' committee has exceeded its authority to exercise the powers of the owners' assembly or fails to implement the decisions of the owners' assembly, fails to organize and convene the owners' assembly meeting in accordance with the rules of procedure, misappropriates or embezzles residential special maintenance funds, owners' public income, makes decisions that violate laws and regulations, fails to publicize property management information such as the use and management of residential special maintenance funds, the use and management of owners' public income, and the use of property service houses, forgery and other acts that infringe upon the legitimate rights and interests of the owners, the street office and the town government shall order them to make corrections within a time limit, and if they refuse to make corrections within the time limit and cause serious consequences, the street office and the town government shall organize a meeting of the owners' meeting, propose to terminate the qualifications of all members of the owners' committee and initiate the procedure of re-election in advance; suspected illegal acts, Should report to relevant departments. 4. Supervise and guide the temporary property management committee the term of office of the provisional estate management committee shall not exceed two years. During the term of office, at least one meeting of the owners' assembly shall be organized every year to promote the establishment of the owners' assembly and elect the owners' committee. If the establishment of the owners' assembly or the election of the owners' committee is not promoted at the expiration of the period, the street office and the town government shall re-establish the temporary property management committee. The temporary property management committee shall disclose the relevant information of property management to the owners in a timely manner, and accept the guidance and supervision of the street office and the town government. If the decision made by the temporary property management committee violates laws and regulations, the street office or town government shall order it to make corrections within a time limit or revoke its decision in accordance with the law, and notify all owners. 3. the establishment of a joint meeting system for property management in the jurisdiction The property management joint meeting is convened by the neighborhood office and the township government, and is attended by community residents committees, public security police stations, property service providers, owners' committees or owners' representatives, professional business units, comprehensive law enforcement, property management and other departments. The main coordination of the joint meeting: 1. The owners' committee and relevant departments fail to perform their duties in accordance with the law; 2. Problems in the performance of exit procedures and handover work by property service personnel; 3. Emergencies in the property service area; 4. The connection and cooperation between property management and community management; 5. Other property management matters that need to be coordinated. 4. coordinate the handling of important issues and issues in property management 1. Disclosure of information to the owners in accordance with the provisions of these Regulations If the street office, the town government and the residents' committee are obliged to disclose information to the owners in accordance with the provisions of these regulations, they shall publish it in writing at the main entrances and exits of the property management area, the bulletin board, the property service room and other prominent locations, and the disclosure period shall not be less than seven days, and fill in the municipal property management service information system at the same time. 2. Property management area delineation Before the delimitation of the property management area, the opinions of the street office and the town government shall be solicited; after the delimitation, the information shall be pushed to the street office and the town government. 3. Supervise the voting results of the owners' meeting The owners' committee will report the voting results to the neighborhood office and the town government during the publicity period; if the publicity is not made within the time limit or the publicity does not meet the conditions, the neighborhood office and the town government shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be announced. 4, invited to participate in the property to undertake inspection work The construction unit shall carry out the property undertaking inspection work with the selected early-stage property service personnel after the completion and acceptance of the construction project, and shall invite a certain number of owner representatives and the street office, town government, and town government where the property is located to participate, and may hire relevant professionals when necessary Institutional assistance. 5. Supervise and guide the handover of the construction unit Supervise and guide the construction unit to hand over the copy of the property service room and relevant property management information to the property service person. 6, access to property services to establish and preserve the files and information 7. Coordinate property service personnel to take emergency measures When major hidden dangers of accidents or safety accidents and other emergencies are discovered, the property service person shall take emergency measures in a timely manner, notify the relevant owners, and report to the residents committee, sub-district office, town government, professional unit and safety supervision of the property in accordance with regulations. The department responsible for management reports to assist in related work. 8. Supervise and coordinate the handover of property service personnel The street office, town government, district and county housing and urban-rural construction departments where the property is located shall strengthen the supervision and coordination of the handover of property service personnel. If the property service person refuses to hand over the relevant materials, funds and articles, or refuses to withdraw from the property service area, the owners' committee or the owner may report to the street office, the town government, the district and county housing and urban-rural construction departments. 9. Organize and provide emergency services to maintain the basic living services of the owners When the property service provider terminates the property service without authorization in violation of the contract, resulting in a sudden loss of management, the street office and the town government shall organize and determine the emergency property service provider to provide emergency services such as garbage removal and elevator operation to maintain the basic living services of the owners. The street office and the town government shall publicize the service items, service standards and property fees for emergency services provided during the emergency service period in the property management area, and the property fees during the emergency service period shall be borne by all owners. During this period, the street office and the town government shall organize the owners to jointly decide on the selection of new property service personnel and coordinate the handover between the newly selected property service personnel and emergency property service personnel. 10, Mediation of Conflicts and Disputes in Property Management If there is a dispute between the owner, the owners' assembly, the owners' committee, the property service person, the professional business unit, and the construction unit due to the property management, it shall first negotiate and resolve it by itself; if the negotiation fails, it may apply to the street office, the town government or the residents committee for mediation. 11, the establishment of emergency response work system and materials and self-built security mechanism. The municipal, district and county people's governments, sub-district offices, and town governments shall include owners' committees and property service providers in the emergency response work system for epidemics and other related emergencies, and establish a material and financial guarantee mechanism. During the period of responding to public emergencies, the sub-district office and the town government are responsible for implementing various emergency measures taken by the municipal, district and county people's governments in accordance with the law, guiding property service providers to carry out corresponding levels of response work, and providing corresponding material and financial support. The street office and the town government shall perform their duties in strict accordance with the regulations, otherwise the higher-level competent authority or procuratorial organ will order them to correct violations of laws and regulations, and impose sanctions on the directly responsible persons in charge and other directly responsible persons in accordance with the law.

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