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The daily maintenance of the house is the regular daily repair, seasonal preventive maintenance and the correct use and maintenance management of the house carried out by the property management department to ensure the integrity and normal use of the house, and is an important part of the housing repair management of the property management enterprise.
In accordance with the Property Management Ordinance.
Article 2 stipulates that property management refers to the activities of the owner through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
Therefore, when there is a quality problem in the house, the property management company is responsible for solving the obligation, if it is the developer's problem, the property management company should contact the developer in time to help the owner solve it.
If the property management company does not act and ignores it as the poster said, you should report the matter to the owners' committee or the local ** property management authority.
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It is also possible to complain to the construction committee or the housing management department.
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1. Does the property management company have the right to repair the house for the owner?
Property management is responsible for the repair and maintenance of equipment and facilities in public areas, and indoor properties are not responsible. In this case, you can find the developer, and the property company can also help you contact the developer, but the property company has no maintenance obligation, and if you want the property company to give maintenance, it is a paid service and needs to pay a separate fee.
Second, is it legal for the property to be used for maintenance?
In accordance with relevant regulations, the property can use repairs** when carrying out medium repairs, major repairs or equipment replacement of public places, public areas and public equipment and facilities in the community**.
If the property behavior you are talking about meets the relevant requirements, you can naturally use maintenance**.
Residential special maintenance funds refer to the funds specially used for the maintenance, renewal and transformation of the common parts of the residence and the common facilities and equipment after the expiration of the warranty period, and shall not be diverted for other purposes.
After the special maintenance funds of the residential are collected in a unified manner, they are stored by the household and owned by the owners, and after the owners perform certain procedures and decisions, they are specially used for the maintenance of common parts, and the owners need to make up for the maintenance of the common parts when the amount is insufficient, and the first department shall supervise the implementation.
3. Whether the property management company has the right to cut off water and electricity to the owner.
The property does not have the right to cut off water and electricity to the owner.
The property company only repairs and maintains the water supply and power supply equipment, and is not the first party of water and electricity. The providers of water and electricity are the water companies and the electricity supply bureaus. According to the relevant provisions of China's Civil Code, the water supply and power supply between the owner and the water supply company and the power supply bureau are a contractual relationship, and only when the owner has the circumstances stipulated in the contract and the state regulations, the water supply company or the power supply company has the right to stop the water supply and power supply.
Generally speaking, property management companies do not have the right to cut off water and electricity, nor do they have the right to collect and pay electricity and water bills on their behalf. However, there is an exception, that is, with the authorization of the water and electricity department or the authorization of the owners' general meeting, the property management company has the right to collect and pay the water and electricity bills on behalf of the owners, and at the same time, for the owners who refuse to pay the water and electricity bills, if necessary, they can be forced to cut off the water and electricity to collect the water and electricity bills. It should be noted that the authorization of the water and electricity consumption departments can only be used to collect water and electricity charges, and cannot be used to collect other fees such as property fees in this form.
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1.Early project intervention.
2.The house takes over the acceptance.
3.Daily inspection and maintenance of facilities and equipment.
4.Supervision of house decoration in the later stage.
Job Responsibilities for Property Maintenance2
1. Strictly abide by the company's "Employee Handbook".
and "Operation Standards", obey management, establish a good sense of service, and deal with the owner's repair report in a timely manner;
2. Familiar with the internal structure of the project, public facilities, housing structure and water, electricity and gas pipelines;
3. Strictly abide by the operating procedures during working hours to ensure safety and prevent accidents;
4. Responsible for the inspection and maintenance of lighting in public parts;
5. Responsible for the inspection and maintenance of public facilities and equipment, and make records;
6. Responsible for the data collection of public energy consumption meters;
7. If you find major difficult situations and potential safety hazards, you should immediately report to your superiors and take corresponding measures.
Measure; 8. Take care of tools, eliminate waste, and use tools and maintenance materials according to regulations;
9. Complete the temporary tasks arranged by the leader.
Job Responsibilities for Property Maintenance3
1. Assist the engineering supervisor of the group to review the decoration application of the owner, and inspect the decoration site to ensure that there is no illegal decoration. Stop violations and ensure the normal operation of the property. For the decoration acceptance, sign a written opinion. The decoration data shall be filed and managed.
2. Inspect and test run the system in the jurisdiction to ensure the normal operation of high and low voltage substation and distribution room, lighting, lightning protection, fire protection, closed-circuit monitoring, pump room, water supply and drainage system, intelligent system, elevator system, and air conditioning maintenance.
3. Responsible for providing paid and free maintenance services to the owners, and timely feedback to the property management department. Conduct a comprehensive assessment of the quality, time, cost, service attitude and other aspects of the maintenance service.
4. Establish a good working relationship with fire fighting, elevator, and intelligent outsourcing maintenance units, supervise the quality and progress of work, and record on-site work conditions and inspection results.
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Article 31 of the property management article and the construction unit shall bear the warranty responsibility of the property in accordance with the warranty period and warranty scope stipulated by the state. Article 53 The owners of residential properties, non-residential properties in residential quarters, or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes.
The measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department with the financial department.
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1. The property in the community has no responsibility and obligation to provide indoor pipeline maintenance services for the owners.
2. According to the provisions of the "Measures for the Administration of Property Service Charges", the composition of property service expenditure generally includes the following parts:
1.Manage the salaries, social insurance and welfare fees of service personnel;
2.the daily operation and maintenance costs of the common parts of the property and the common upgrading facilities and equipment;
3.The property management area is cleaned and sanitized, and Fersen is used indiscriminately;
4.the cost of greening and maintenance in the property management area;
5.property management area order maintenance costs;
6.office expenses;
7.depreciation of fixed assets of property management enterprises;
8.the cost of common parts of the property, common facilities and equipment, and public liability insurance;
9.Other expenses agreed by the owner.
The cost of overhaul, medium repair, renewal and renovation of the common parts of the property and the common facilities and equipment shall be disbursed through special maintenance funds, and shall not be included in the property service expenditure or property service cost.
3. The owner's indoor pipeline maintenance does not belong to the normal service scope of the property, but the property has maintenance personnel who can provide paid services.
Article 20 of the Measures for the Administration of Property Service Charges Article 20 property management enterprises shall provide services other than those agreed in the property service contract according to the entrustment of the owners, and the service charges shall be agreed upon by both parties.
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1. The owner and the property management company negotiate to settle the problem.
The Property Management Regulations have clearly stipulated the rights and obligations between owners, owners' committees and property management companies, and owners and property management companies can voluntarily negotiate on an equal footing in accordance with relevant laws, regulations, management regulations and property management contracts, so as to resolve management disputes.
2. Mediation by a third party.
This means that the owner and the property management company can submit the dispute to a third party, and the third party will preside over the negotiation between the two parties, so as to facilitate the two parties to reach a mediation agreement on a voluntary and equal basis. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation, for example, mediation can be conducted by the people's mediation committee where the property company is located.
3. Complaints. In the event of a dispute between the owner and the property management company, the owner may file a complaint with the local real estate administrative department at or above the county level where he is located in accordance with Article 49 of the Property Management Regulations.
1. What are the types of property disputes?
1. Property disputes without property service contracts.
There are many property management companies and the owners' committee or the owners have not signed a written contract, in the absence of a contract agreement and no statute to follow, the two parties are very prone to disputes, and can not be well resolved with the transportation bureau, so the property service contract is still very important, the owner needs to pay attention to the signing of the property service contract, do not easily ignore.
2. Disputes over the standard of property fees.
The property management service fee for ordinary residential buildings is the first guide price, and the establishment of the fee should be based on the reasonable cost of property management services, and the comprehensive calculation should be carried out on the economic affordability of the owner, while other residential buildings must be agreed upon by the owner or the owners' committee. However, in fact, there is no specific standard for property fees, and the property management company will have the phenomenon of indiscriminate charges, and disputes will arise.
3. Disputes over the owner's refusal to pay property management fees.
The owner's refusal to pay the fee may be an unreasonable refusal, or it may be that the service quality provided by the property management company does not meet the standards agreed in the contract, or it may be due to the unreasonable allocation of public expenses, which needs to be dealt with according to the actual situation.
4. Disputes over breach of contract by property management enterprises.
The breach of contract by property management enterprises is mainly manifested in the poor maintenance and management of common parts and common facilities and equipment; If the property management company fails to fulfill its management responsibilities for environmental sanitation, greening, public order, etc., resulting in the deterioration of the property environment, the property management enterprise needs to bear the liability for breach of contract in accordance with the law.
5. Improper handling of property disputes.
At present, many property management companies often use inappropriate methods to deal with property disputes and disputes with property owners, such as violent settlement, court confrontation, etc., and as a result, it is not only difficult to solve the fundamental problems, but also easy to intensify the conflicts.
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Legal analysis: It depends on what type of maintenance, the maintenance of the property is mainly based on the public area, the main heating pipe in the family, the above two are the main maintenance and free of charge projects, and the other maintenance properties in the interior are paid services, and the property is charged.
The legal basis is based on the "Property Management and Grinding Regulations".
Article 34 The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management housing, contract period, liability for breach of contract, etc.
Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
The sins made in the previous life, the property in this life.
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