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Legal analysis: property management refers to the activities of the owner through the selection of property service enterprises, and the owners and property service enterprises repair, maintain and manage the housing and supporting facilities and equipment and related sites in accordance with the property service contract, and maintain the environmental sanitation and related order in the property management area. The state advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.

The state encourages the use of new technologies and new methods, relying on science and technology to improve the level of property management and services.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners 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.

Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.

Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.

The "Property Management Regulations" is based on the "Decision on Amending the Property Management Regulations" amended, in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people. It was promulgated on August 26, 2007 and came into force on October 1, 2007. There are 7 chapters and 70 articles.

Legal basis: Property Management Regulations

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Article 2 The term "property management" as used in these Regulations refers to the activities of the owners through the selection and employment of property management service enterprises, and the owners and property management service enterprises in accordance with the property management service contract to repair, maintain, and manage the housing and supporting facilities and equipment and related sites, and to maintain the environmental sanitation and related order in the property management area.

Legal analysis: Property-related laws include the Regulations on Property Management, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Property Service Dispute Cases, and the Civil Code of the People's Republic of China.

Legal basis: Property Management Regulations》 Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Property Management Service Disputes》 Article 1: Where the owner violates the property management service contract or laws, regulations, or management regulations by carrying out acts that obstruct property management services and management, and the property management service provider requests that the owner bear the corresponding civil liability such as stopping the infringement, removing the obstruction, and restoring the original state, the people's court shall support it.

Article 271 The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Legal Yingru analysis: In order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the property management services selected by the owners, and the owners and property service enterprises in accordance with the property service contract, the repair, maintenance and management of the housing and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in the property management area.

Article 3 The State advocates that the owners select the property service enterprises through an open, fair and just market competition mechanism.

According to the "Property Management Regulations" and relevant laws and regulations, property management service enterprises can charge property service fees to owners, which should be reasonable and fair, and need to be approved by the resolution of the owners' general meeting or the owners' committee. For unrenovated houses, generally speaking, property fees also need to be paid to the property management company, because the property management company needs to maintain and manage the public facilities, greening, security, etc. in the community.

However, the specific situation needs to be seen in conjunction with the property service contract. If the contract clearly stipulates that the unrenovated house does not need to pay the property fee, then the owner can follow the contract; If there are no relevant provisions in the contract, it is necessary to judge the specific situation, generally speaking, the property company will review according to the actual situation, and the fee can be suspended after the audit is passed.

It should be noted that the property management service company has the obligation to provide property services to the owner, and to provide the corresponding services in accordance with the agreement, if the property management company does not provide services or does not provide services in place, the owner has the right to complain to the relevant departments and protect their rights.

The property service company provides services: Even if the owner or tenant does not live in the property, the property service company still needs to provide certain services, such as community security, environmental sanitation, maintenance of facilities and equipment, etc. Therefore, the landlord or tenant needs to bear the corresponding property costs.

Strata fees are not directly related to residence: Strata fees are common expenses of a community or property project, and are not directly related to whether the landlord or tenant lives in them. Even if a landlord or tenant does not live in the property, he or she is still one of the co-owners of the property and should bear the corresponding costs.

Legal provisions: The "Property Management Regulations" clearly stipulate that owners and tenants shall pay property service fees on time and in full in accordance with the provisions of property management service enterprises.

When a property management area establishes a general meeting of owners, a property management service enterprise shall implement property management services. New property projects, including property projects constructed in phases or by two or more development and construction units, where the supporting facilities and equipment are shared, shall be classified as a property management area. Above-ground and underground buildings, facilities and equipment, and related sites in the same property management area shall not be divided for property management.

The division of property management areas shall consider factors such as the common facilities and equipment of the property, the scale of the building, and community construction, and follow the principle of relative centralization and ease of management. The specific measures for the division of property management areas shall be prescribed by the municipal people. Before the construction of new property, the development and construction unit shall entrust the property service enterprise to carry out pre-property management and sign the pre-property service contract.

The pre-property service contract shall be terminated on the effective date of the new property management service contract signed by the owners' general meeting and the property management service enterprise.

Legal basis: Property Management Regulations

Article 10 of the owners in the same property management area, should be located in the district and county people's real estate administrative departments or street offices, township people's ** under the guidance of the establishment of the owners' meeting, and the election of the owners' committee. However, if there is only one owner, or if the number of owners is small and all the owners unanimously agree not to establish a general meeting of owners, the owners shall jointly perform the duties of the general meeting of owners and the owners' committee.

Article 38 When the property management service contract is terminated, the property management service enterprise shall return the property management house and the materials provided for in the first paragraph of Article 29 of these Regulations to the owners' committee.

When the property management service contract is terminated, and the owners' general meeting selects a new property management service enterprise, the property management service enterprises shall do a good job of handing over the work.

Article 66 In violation of the provisions of these Regulations, the staff of the construction administrative department, the local people's real estate administrative department at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, and do not perform their supervision and management duties in accordance with the law, or if they find illegal acts and do not investigate and deal with them, constituting a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given an administrative sanction in accordance with law.