Real estate perspective: "Jinan City Property Management Regulations" highlights of the interpretation.

The "Jinan City Property Management Regulations" was adopted by the 25th meeting of the Standing Committee of the 17th People's Congress of Jinan City on February 24, 2022, and was approved by the 13th Shandong Province on March 30, 2022 Approved at the 34th meeting of the Standing Committee of the People's Congress, it has now been promulgated and will come into force on May 1, 2022.

The "Jinan City Property Management Regulations" (hereinafter referred to as the "Regulations") is not a sewing and mending of the "Jinan City Property Management Measures" (hereinafter referred to as the "Measures"), but in the "the People's Republic of China Civil Code" and the State Council "Property Management Regulations" Under the guidance of the "Shandong Province Property Management Regulations", combined with the actual situation of Jinan City, a new regulation has been made for the property management of Jinan City. The "Regulations" have strong operability and respond to many problems encountered in the previous property management practice. The highlights of the "Regulations" can be briefly summarized as "nine more":

The specific interpretation is as follows:

Regarding the establishment process of the owners' meeting and the owners' committee, the "Regulations" stipulate that the owners shall first apply for the establishment of the owners' meeting, and then the subdistrict office shall establish the owners' meeting preparatory group, and then establish the owners' meeting, and finally establish the owners' committee.

Specifically, in a property management area, the area of the exclusive part that has been delivered to the owner accounts for more than 50%; the number of owners who have been delivered accounts for more than 50%; two years have passed since the date of delivery of the first set of property to the owner and the owner has been delivered If the number of owners accounts for more than 25%, the owner or the construction unit may apply to the sub-district office or the town people's government for the establishment of the owners. The subdistrict office (township people's government) shall be responsible for organizing and guiding the establishment of the preparatory group for the first owners' meeting within 60 days from the date of receiving the written application from the owners for the preparation of the owners' meeting. The leader of the preparatory group shall be appointed by the sub district office and the town people's government, and the other members shall be composed of representatives of the owners, residents' committees, construction units and early stage property service personnel, among which the owners' representatives shall not be less than 1/2 of the total number of the preparatory group.

If the community encounters "the conditions for the establishment of the owners' assembly, the owners' assembly meeting has been organized twice but the owners' committee has not been elected; the owners' committee needs to be re-elected due to one of the circumstances such as the expiration of the term of office or the vacancy of members, or being dismissed, but the new owners' committee cannot be elected after being organized and guided by the sub-district office and the town people's government twice, the temporary property management committee shall be established by the sub-district office and the town people's government.

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 time limit, the street office and the town people's government shall re-establish the temporary property management committee.

Refer to Articles 14 to 45 of the Regulations.

In real life, due to the problems left over from real estate development, such as housing quality warranty, transfer of water, electricity and heating facilities, defects in supporting facilities and equipment in the property service area, and non-standard property inspection, many incidents of collective rights protection of owners have been triggered, which not only damages the legitimate rights and interests of owners, but also brings a lot of burden to social governance.

In view of the above situation, the Regulations are divided into registration in property management areas. Preliminary property service personnel bidding filing and bidding activities supervision; Preliminary property service contract filing; Determination of the charging standard for preliminary property management fees; The formulation of temporary property management regulations in the early stage; Clear provisions have been made on the inspection of property undertaking, the transfer of property service rooms and data, the transfer of water, electricity and heating facilities, and the establishment and improvement of after-sales maintenance system for newly-built properties. Through the complete system remodeling and design, the pre-service system has been improved and the after-sales service system has been established.

Among them, for the after-sales service system, the regulations specifically stipulate that the construction unit should set up a special housing after-sales service center in the property management area to publicize the name of the maintenance unit, the maintenance contact person and the maintenance telephone number, which is used to deal with the problems left over from the construction and accept the owner's repair application, and bear the property warranty responsibility in accordance with the relevant provisions of the state, province and city. The construction unit shall give a reply within three days from the date of receiving the warranty claim, and complete the maintenance within 30 days.

At the same time, in order to ensure the actual operation of the after-sales maintenance service system and ensure that the relevant rights and interests of the owners are protected, the Regulations also stipulate that if the construction unit fails to perform the warranty obligations in time during the quality warranty period, the owner has the right to report to the city, district/county housing And the competent department of urban and rural construction can also file a lawsuit in the people's court.

Reference Ordinance Article 10, Article 11, Article 46, Article 47, Article 48, Article 49, Article 49, Article 50, Article 51, Article 79.

In the past, when some property service providers collected property fees, they often used methods such as "cutting off water and electricity" and "restricting the access of owners and their vehicles" to collect them, which caused widespread dissatisfaction and opposition from owners. In this regard, the "Regulations" clearly prohibit property service providers from using methods such as interrupting water supply, power supply, gas supply, heating, or restricting the entry and exit of owners and their vehicles to collect property fees. For property service providers who violate this regulation and collect property fees in the aforementioned manner, they shall be ordered to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 50,000 yuan.

At the same time, in order to ensure that property service providers normally collect property fees to carry out related property services, the "Regulations" stipulate that owners should pay property fees in full and on time in accordance with the payment methods and standards agreed in the property service contract. If the owner fails to pay the property fee within the time limit, the property service provider may urge him to pay within a reasonable period of time; if he refuses to pay, the property service provider may apply for arbitration or file a lawsuit in accordance with the law.

Refer to Articles 57, 62 and 88 of the Regulations.

At present, more and more communities promote information and intelligent management, and use new technologies to carry out property service related activities. Such as the collection of the owner's face, fingerprints and other biometric information as a means of providing property services, but the risk of the owner's information being leaked and resold has also become a problem that has to be faced.

For the purpose of protecting the personal information of the owners, the regulations clearly stipulate that the property service providers can use information and intelligent technology to carry out property service related activities on the premise of ensuring the informed consent of the owners, but they shall not use biometric technologies such as face recognition and fingerprint as the only service means. At the same time, the Regulations also clearly stipulate that property service providers shall not illegally collect, use, transmit, or buy or sell the personal information of the owners obtained in the property service activities, and when the service is terminated and withdrawn, they shall not refuse to hand over the archives and materials shared by the owners. Items, funds, etc.

The regulations for violations of the above provisions are also clearly reflected in the "Regulations", clarifying the legal responsibility for violations of the above provisions, which is conducive to the protection of the privacy and personal information of the owners. The Regulations stipulate that misappropriating, embezzling, or disposing of the owners' common property without authorization, tampering with, concealing, or destroying the documents and articles in custody, illegally collecting, using, transmitting, buying and selling the owners' personal information obtained in the property service activities, or infringing on the legitimate rights and interests of the owners, Those who cause losses to the owners shall bear the corresponding liability for compensation; if a crime is constituted, criminal responsibility shall be investigated according to law.

Refer to Articles 57, 61 and 91 of the Regulations.

In real life, the handover between the old and new properties is often accompanied by contradictions and conflicts. The old properties are unwilling to withdraw and refuse to handle the handover. Problems still exist such as the entry of new properties is blocked and property services cannot be carried out.

In addition to stipulating and improving the handover process of property service projects, the current "Regulations" also specify that the original property shall not refuse to handle the handover on the grounds that the owner owes the property fee or disagrees with the joint decision of the owner, and shall not obstruct, interfere or hinder the newly selected property service personnel according to law from providing services for any reason. In the face of the situation that the original property ignores the above provisions and refuses to withdraw from the site, the owners' committee or the owner may report to the sub district office, the town people's government, the district/county housing and urban and rural construction department, request assistance from the public security organ of the jurisdiction or file a lawsuit with the people's court according to law, so as to safeguard their relevant rights and interests.

At the same time, the "Regulations" also innovatively introduced "emergency property service personnel" to deal with the sudden loss of management caused by the property service personnel terminating the property service without authorization in violation of the contract, and to protect the basic life of the owners. When the state of loss of management actually occurs, the sub-district office and the town people's government shall organize and determine emergency property service providers to provide emergency services such as garbage removal and elevator operation to maintain the basic living services of the owners. During the emergency property service period, the sub-district office and the town people's government shall organize the owners to jointly decide to select and hire new property service personnel, and at the same time coordinate the work handover between the new property service personnel and the emergency property service personnel.

Refer to Articles 64, 65 and 66 of the Regulations.

In the process of using the property, it is inevitable that some owners, property users or property service providers will not abide by the provisions of laws, regulations and rules and the (temporary) management regulations, thus disturbing the order of the property management area and interfering with the normal life of others.

The original "Measures" only stipulated that unauthorized reconstruction and occupation of public parts are prohibited. Damage to the load-bearing structure of the house; Illegal construction of buildings and structures and other acts that have a significant adverse impact on the property management area, but ignore such acts as pets and noise disturbing neighbors; Parking at will in public areas; Private wire charging for electric vehicles and other problems that are very common in life but obviously interfere with the normal life of others.

According to the actual problems encountered in Jinan's property management, the current "Regulations" add that it is strictly prohibited to throw articles from buildings (structures). Raising animals to interfere with the normal life of others; Noise from social life interferes with the normal life of others; Parking motorcycles, electric vehicles, bicycles or private wires to charge electric vehicles in shared corridors, hallways, stairwells, corridors, safety exits and other locations. At the same time, the Regulations clarify the responsible departments and units for handling the above-mentioned situations, establish a complaint and report acceptance system, and publish the complaint telephone number in the property management area, and promptly accept and investigate and deal with complaints and reports. Any organization or individual has the right to complain about this. Report.

On the whole, the "Regulations" are more specific and closer to reality in the prohibition of property use. At the same time, it clarifies the responsible units for relevant situations, which is conducive to ensuring the order of the property management area and the normal life of the owners.

Refer to articles 67 and 83 of the regulations.

As a way to deal with a large amount of domestic waste generated every day, garbage classification has important practical significance for the realization of waste reduction, resource utilization and harmlessness. Subject to the restrictions of the times environment, the original "measures" did not make relevant provisions on garbage classification. However, in recent years, more and more attention has been paid to garbage classification in many places across the country, and relevant regulations have been gradually improved.

The new "Regulations" clearly stipulate that owners, property users, and property service providers shall not classify and put domestic waste in accordance with regulations. As for decoration waste, the "Regulations" more clearly pointed out that it should be collected in bags, not mixed with domestic waste, and should be put into the property service person or the location designated by the residents committee. At the same time, the "Regulations" clearly stipulate in the supervision and management part that the comprehensive administrative law enforcement department has the responsibility to investigate and deal with illegal acts such as failing to implement garbage classification management in accordance with the regulations. Thus, the Regulations for the management of garbage classification, compared to the past significantly more stringent.

Refer to articles 67, 68 and 83 of the regulations.

The original "Measures" compulsorily stipulated that a decoration service agreement should be signed before decorating a house, that is, the owner and property user should sign a decoration service agreement with the property service company before the start of residential decoration. If no decoration service agreement is signed, the property service enterprise may restrict the construction personnel from entering the property management area.

Now the "Regulations" for the decoration of houses, no longer mandatory to sign a decoration agreement. The owner and the property user are required to inform the property service person in advance before the decoration (if there is no property service person, inform the residents committee where the property is located), and the property service person shall inform the owner and the property user of the prohibited behaviors and precautions in the decoration. At the same time, if the owner and the property user need to consult the structure diagram of the building (structure), electrical and other pipeline circuit diagrams, the property service person shall provide it. As for decoration waste, the Regulations clearly stipulate that it should be collected in bags, not mixed with domestic waste, and needs to be put into the property service person or the location designated by the residents committee.

Refer to Article 68 of the Regulations.

Parking space related problems are long-standing problems in the property management area; developers "only sell but not rent" parking spaces; property restrictions on owners to install new energy vehicle charging piles and other problems are common in life. The "Regulations" clearly stipulate the management of parking spaces (warehouses) and the corresponding legal consequences, and at the same time solve a series of practical problems.

The "Regulations" stipulate that in the residential property management area, parking spaces (warehouses) should first meet the needs of the owners, and the construction unit should sell, lease, and give away the parking spaces (warehouses) to the owners in the property management area. If there is still a spare space after meeting the needs of the owners, the construction unit may lease it to other people outside the property management area, and the term of each lease shall not exceed six months. In short, the "Regulations" clarify that parking spaces (warehouses) cannot be "sold but not rented", and limit the lease period of parking spaces, so as to protect the owners' demand for parking spaces.

The Regulations stipulate that if the number of parking spaces (warehouses) is less than or equal to the number of houses in the property management area, a household owner can purchase, lease or give a parking space at most; if the number of parking spaces (warehouses) exceeds the number of houses in the property management area, An owner can buy one more or give one more. To limit the way to protect the owner's demand for parking spaces.

According to the regulations, the construction unit shall, when selling commercial housing, specify the number, location and area of all kinds of parking spaces (warehouses) planned and built in the plan of parking spaces (warehouses) and publicize them in the sales place, and specify them in the commercial housing sales contract. If the number, location, and area of the planned parking spaces (warehouses) are not clarified and publicized, they shall be ordered to make corrections within a time limit and be given a warning; if they fail to make corrections within the time limit, they shall be fined not less than 50,000 yuan but not more than 100,000 yuan.

Where the planned parking spaces are sold, leased or donated to the owners in the property management area, it shall be indicated in the commercial housing sales contract or a separate contract shall be signed; the real estate registration agency shall register it in accordance with the law.

The "Regulations" stipulate that the parking spaces (depots) planned for parking cars should be put into use first. If the parking spaces (depots) have not been fully used, they shall not occupy the roads shared by the owners or other sites to set up parking spaces other than planned. The occupation of roads or other sites shared by the owners for the parking of motor vehicles shall be jointly decided by the owners. The fee for the use of parking spaces shall be determined by the owners' assembly taking into account the price of the rental fee of the parking space (garage) and other factors.

The "Regulations" stipulate that when the owner installs the charging infrastructure, the property service person shall cooperate with the owner or the construction unit entrusted by him to provide relevant drawings and materials, cooperate and assist in site investigation and construction. It can be seen that when the owner installs the charging facilities, the property should cooperate with the installation rather than restrict the installation.

Refer to Articles 75, 76, 77, 78 and 90 of the Regulations.