Why does the community have to stipulate that there must be a property management company Is there l

1. Because someone must maintain, repair and renovate the management projects such as housing buildings and their equipment, municipal utilities, greening, sanitation, transportation, public security and environmental appearance in the community, it is not necessary to have a property company, and the owners of the community can also set up a community management committee to manage community affairs.

2. According to the "Measures for the Management of New Urban Residential Quarters", the community shall have a property management company:

1) Fourth residential community should gradually implement a socialized and professional management model. The property management company implements professional management in a unified manner.

2) Fifth real estate development enterprises in the first residential area of housing, should be selected to hire a property management company to undertake the management of the residential area, and sign a property management contract. The residential community is managed by the real estate development company before the property management company is responsible for the management.

3. According to the "Measures for the Management of New Urban Residential Quarters", the community can set up a management committee:

1) Sixth residential community should be established residential community management committee (hereinafter referred to as the management committee).

Under the guidance of the real estate administrative department, the management committee is composed of representatives elected by the real estate owners and users in the residential quarters, representing and safeguarding the legitimate rights and interests of the real estate owners and users in the residential quarters.

2) Article 7 The rights of the Management Committee:

A) the development of the management committee of the charter, on behalf of the residential community of property owners, users, to safeguard the legal rights of real estate owners and users;

2) Decide to appoint or re-engage a property management company;

C) to review the property management company to develop the annual management plan and major measures of community management services;

4) Inspect and supervise the implementation of various management work and the implementation of rules and regulations.

Obligations of the Management Committee:

A) according to the real estate owners and users of the opinions and requirements, the management of the property management company to inspect and supervise;

2) Assist the property management company in the implementation of various management work;

3) Accept the supervision of real estate owners and users in residential areas;

D) accept the supervision and guidance of the real estate administrative departments, the relevant administrative departments and the people where the residential quarters are located.

There is no law that requires residential communities to be managed by property management companies. The fourth paragraph of Article 11 of the "Property Management Regulations" stipulates that the owners' committee of the community has the right to "select and dismiss the property service enterprise", that is to say, the community can be managed by the property company, or not managed by the property company, and the owners are autonomous, the key is to look at the attitude of the owners' committee, that is, the wishes of the majority of owners.

The basic management of the community cannot be in a disorderly and unmanaged state. For example, security, garbage removal, corridor cleaning, basic electrical appliances, elevator maintenance... Lots of chores. Someone has to be in charge and someone is responsible to maintain the basic operation of the community.

For this management, the owner can have two options: one is to select and form an owners' committee within the owner to manage it (the specific thing can be hired externally); The other is to hire a property management company to do it. Whether the owners manage it themselves or ask the property company to manage it, it all depends on the opinions of the owners of the community, and there is no hard and fast rule in the national regulations that the property company must be hired to manage it.

However, even if the owners of the community organize their own committees to manage the community, they must do it in accordance with the relevant national property management laws and regulations, and cannot be carried out at will (otherwise, once something happens, the community owners' committee will bear certain legal responsibilities).

According to Article 5 of the Measures for the Administration of New Urban Residential Quarters, real estate development enterprises shall hire a property management company to undertake the management of residential quarters and sign a property management contract with them before the housing of the residential community.

Therefore, a new residential community that reaches a certain scale and has relatively complete infrastructure facilities should have a property management company.

Now the property is for the owners of the service, are the owners to serve them, parking costs money, buy their own house, park in their own community and have to spend money, otherwise the property is not allowed to enter, this is the so-called service for the owner,

Property management under the socialist system is nothing more than earning the rights and interests of the owners, and the owners have no right to defend themselves, and the cancellation of the property management company is the voice of every owner.

There is no law that requires residential communities to be managed by property management companies. The existence of the property company is to make the life of the residents of the community better, but if the residents of the community can unite as one, the community can completely realize the management of the residents themselves, without the need for property. The responsibilities of the strata company are as follows:

The first property management company shall, in accordance with the national standards for property management, carry out maintenance and technical management of the properties under its operation and management, including the management of housing safety and quality, the management of housing maintenance technology and the management of housing maintenance construction. Second, the management of property equipment, the property equipment that needs to be managed mainly includes water supply and drainage equipment, gas equipment, heating equipment and ventilation equipment, electrical equipment, etc. Third, property management company has the obligation to manage the environment of the residential community to meet the standards stipulated by the state, including pollution prevention, environmental cleaning, environmental greening, etc.

Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises or other managers;

5) Use funds for the maintenance of buildings and their ancillary facilities;

6) Raising funds for the maintenance of buildings and their ancillary facilities;

7) Reconstruction and reconstruction of buildings and their ancillary facilities;

8) Changing the use of the common part or using the common part to engage in business activities;

9) Other major matters related to co-ownership and co-management rights. Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting.

Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

What is the scope and responsibilities of community property management.

The scope and responsibilities of community property management are as follows:

1. Handling of public affairs related to the community;

2. The notice and details of the relevant use of the property fee in the community, and the owner has the right to know the use of the property fee as the payer of the property fee;

3. Discourage and inform the uncivilized behavior in the community, and discourage the uncivilized behavior properties in the community in time to maintain the image of the community;

4. The services and obligations in the signed property management contract specifications.

A community does not necessarily have a property, and there is no law that stipulates that a residential community must be managed by a property company.

The fourth paragraph of Article 11 of the Property Management Regulations stipulates that the owners' committee of the community has the right to "select and dismiss the property service enterprise", that is to say, the community can be managed by the property management company, or it can not be managed by the property management company, and the owners are self-governing, and the key is to see the attitude of the owners' committee and the wishes of the majority of the owners. Therefore, the community does not necessarily have a property, we all know that the main role of the property is to help the owner to govern the entire community, but the owner needs to pay the corresponding property fee to the property. If the community is relatively large and has more people, it is still necessary to have a property team to manage it.

Legal basis. Article 11 of the Property Management Article The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.

The community can do without a property company. Only when the owners have convened a general meeting of the owners and elected the owners' committee can the owners' committee be authorized to decide whether the property should be left or not. The relationship between the owner and the property management company is a brother's banquet service relationship, and as a consumer, the owner can choose whether to accept this kind of service.

This right of choice is reflected in the selection of the property management company, whether to sign a contract with the property management company and how to sign a contract with the property management company, etc., and also in the termination of the service contract relationship with the property management company under statutory or agreed conditions.

The scope of property management services includes:

1. Public security management: the personal safety and property safety of the owners of the community, as well as the safety management of the housing construction and its equipment and facilities, formulate a perfect safety system and implement it.

2. Management of public facilities: the management of municipal facilities such as water supply, heating, gas supply, power supply, communications, post and telecommunications is also within the management scope of the property company, and they need to ensure the normal operation of these facilities and maintain these facilities.

3. Vehicle traffic management: the management of the main passages, parking spaces and facilities in the community is also within the scope of property services.

4. A variety of life services: ordering milk, sending children to nursery school, delivering newspapers, medical treatment and medicine and other life services, in fact, also belong to the scope of property services, and most owners are not clear about this.

Legal basis. Article 46 of the Property Management Regulations of the People's Republic of China.

Property service enterprises shall assist in the safety precautions in the property management area. In the event of a safety accident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures to assist in the rescue work.

Where property management service enterprises hire security personnel, they shall comply with relevant state provisions. When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.

Legal analysis: The community does not necessarily have a property, and the owners can jointly decide to choose or dismiss the property.

Legal basis: Article 11 of the "Property Management Regulations" The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.

Legal analysis: pre-property management must be managed by the property company: before selling the house (obtaining a pre-sale permit), the pre-property management company must be selected through public bidding, and this procedure is operated by the Property Division of the ** Housing and Urban-Rural Development Bureau.

Accept ** supervision, contract filing, process approval, including ** filing.

After the completion of the property management in the early stage (the establishment of the owners' meeting), the owners' meeting can re-elect the property management company, or under the guidance of the street, neighborhood committee and housing management office, with the consent of all owners2 3, the implementation of owner autonomy.

Legal basis: Property Management Regulations

Article 11 The following matters shall be jointly decided by the owners: (1) formulating and amending the rules of procedure of the general meeting of owners; 2) Formulating and revising management regulations; 3) To elect the owners' committee or replace the members of the owners' committee; 4) Selecting and dismissing property service enterprises; 5) Raise and use special maintenance funds; 6) To reconstruct or reconstruct buildings and their ancillary facilities; 7) Other major matters related to co-ownership and co-management rights.

Article 12 The meeting of the general meeting of owners may be in the form of collective discussion or in the form of soliciting opinions in writing; However, there should be owners of the exclusive part of the property management area accounting for more than half of the total area of the building and more than half of the total number of owners participating. Owners can entrust ** people to attend the meeting of the owners' meeting. The general meeting of owners decides on the matters specified in items (5) and (6) of Article 11 of these Regulations, and shall be agreed by the owners of the exclusive part accounting for more than 2 3 of the total area of the building and accounting for more than 2 3 of the total number of owners; Decisions on other matters provided for in Article 11 of these Regulations shall be made with the consent of the owners of the exclusive part accounting for more than half of the total area of the building and more than half of the total number of owners.

The decision of the general meeting of owners or the owners' committee shall be binding on the owners. Where a decision made by the general meeting of owners or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.