Ask for help What do you need to pay attention to in property management?

The sac is sanctimonious, and the simulation is quite good.

The so-called property management refers to the activities of the owner through the selection of a property service company, and the owner and the property service enterprise shall 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 second paragraph of Article 36 of the "Jiangsu Provincial Property Management Regulations" stipulates that the external walls, stairwells, passages, roofs, water and sewage pipes, public water tanks, pressurized water pumps, mechanical and electrical equipment, common antennas, fire protection facilities and other common parts and common facilities and equipment of the house shall be regularly repaired and maintained by the property management enterprise in accordance with the agreement of the joint year; Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Property Service Disputes stipulates:

Where a property management service enterprise fails to perform or does not fully perform its obligations for repair, maintenance, management, and maintenance as agreed in the property management service contract or as determined by laws, regulations, or relevant industry norms, and the owner requests the property management service enterprise to bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses, the people's court shall support it. The management and maintenance of elevators in the community to ensure the normal use of the owners is one of the property services. Therefore, the court supported Chen's litigation request for the property company to open the elevator and ensure the normal operation of the elevator.

First of all, according to Article 47 of the "Property Management Regulations": property management enterprises shall assist in the safety precautions in the property management area. It can be seen that the security function of property management is positioned as assistance by the relevant administrative regulations of China, and the property management enterprise itself cannot independently carry the security work within its jurisdiction.

Therefore, security guards cannot replace the police, and owners can only increase the safety factor by agreeing with property management companies to provide better services, and must not idealize property management as a safe. Secondly, the property management contract is a entrusted service contract, which is different from the custody contract. The nature of security services in property management is a kind of security prevention service for group prevention and treatment, and it is a kind of social security in a broad sense.

A security guard is not a bodyguard, as long as he fulfills the ordinary duty of care of a good manager, and cannot be required to protect all persons and property in the area. The custody contract, on the other hand, is the supervision of specific property, and it requires the manager to perform a greater duty of care. Thirdly, from the perspective of the composition of the property management fee, the gap between the security fee paid by the owner and the level of security service required in exchange is too large, which is obviously unfair.

According to the principle of fairness and the principle of reciprocity of rights and obligations in the civil law, the owner cannot require the property management company to provide seamless security services by paying a meager security fee.

The matters managed by the property management company include property maintenance, cleaning, security, greening, charging, complaint handling, safety management, etc. Property companies need to comply with relevant laws and regulations to ensure the quality of services.

The property company is the main body responsible for signing a contract between the enterprise and the owners' committee to provide property management services for the owners. Property management matters include, but are not limited to, the following:1

Property maintenance: daily maintenance and emergency repair of public facilities and housing structures in the community; 2.Cleaning:

Responsible for the daily cleaning, sanitation and garbage removal of public areas in the community; 3.Security: management of entering and exiting the community and buildings, maintaining public order in the community; 4.

Greening: Responsible for the greening of the community garden, mowing lawns, trees, flower ponds, etc.; 5.Charges:

Charge for services in accordance with the contract; 6.Complaint handling: accept and deal with complaints from owners in a timely manner, and properly protect the rights and interests of owners; 7.

Safety management: formulate fire safety measures, systems and disaster emergency plans, and be responsible for daily fire safety management. Property companies need to comply with relevant laws and regulations, such as the Property Management Regulations, Contract Law, etc., to ensure the quality of services and protect the rights and interests of owners.

Can the property management company increase the property fee at will? The property management company cannot increase the property fee at will, and must charge in accordance with the contract, and publicize and discuss Sun Juyou at the owners' meeting, and it can only be implemented after the consent of the owners' committee. If it is found that the property company has raised the price illegally or in violation of the contract, the owner can refuse to pay the fee and complain to the relevant authorities.

The property management company is responsible for providing property management services to the owners, including property maintenance, cleaning, security, greening, charging, complaint handling, safety management, etc. Property companies need to comply with relevant laws and regulations to ensure the quality of services, and protect the rights and interests of owners.

Legal basis]:

Article 14 of the Property Management Regulations of the People's Republic of China Property management enterprises shall, in accordance with the service content and standards agreed in the property service contract, provide property services that meet the national mandatory standards and industry self-discipline standards.

Property management matters include: maintenance and management of community houses and their memorial equipment; community greening management; community health management; community policing management; community traffic organization and management; management of public municipal facilities in the community; community fire management; Management of illegal buildings in the community. What are the property management matters?

The most basic management and services provided by property management companies to all residents. There are mainly the following 8 items:

1) The management of the main body of the building and the daily supervision of the residential decoration;

2) Management of housing equipment and facilities;

3) management of environmental hygiene;

4) greening management;

5) Cooperate with the public security and fire departments to maintain public order in residential areas;

6) Vehicle order management;

7) Public agency services;

8) Management of property archives.

Targeted special services.

It refers to the various services provided by property management enterprises to meet the needs of some of these households, groups and units for the majority of residents.

daily life class;

business services;

culture, education, health, sports;

financial services;

brokerage services;

social welfare;

Consignment services.

1) Property maintenance management: property management companies 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;

2) The management of property balance equipment. The property equipment that needs to be managed mainly includes water supply and drainage equipment, gas equipment, heating and ventilation equipment, electrical equipment, etc.;

Legal basis]:Article 34 of the Property Management Regulations.

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, the management and use of special maintenance funds, property management housing, the contract period, and the liability for breach of contract.

Article 35.

Property management 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 property management profession is one of the occupations that implement the employment access system. Article 33 of the "Property Management Regulations" personnel engaged in property management shall obtain professional qualification certificates in accordance with the relevant provisions of the state. To strengthen the building of China's material and spiritual civilizations, high-quality personnel are indispensable.

The property management major is mainly opened for those who are engaged in or want to engage in property work, and cultivate professional property management talents by learning professional property knowledge and laws and regulations.

1. The concept of pre-property management service agreement.

The pre-property service contract refers to the agreement reached between the property construction unit and the property service enterprise on the rights and obligations of both parties in the pre-property management stage, and is the basis for the property management service enterprise to be authorized to carry out property management services.

It is different according to the timing of the intervention of the property company:

1) When the property company intervenes during the construction period, the customer is the developer or the construction company, and the content of the pre-management is mainly based on security services;

Before the completion of the project but not delivered to the owner, the object of the early property management is the developer, and the main management work is safety and garden maintenance;

3) When it is delivered to the owner, some owners fail to move in time, and the pre-management object at this time is the owner, and the management content is consistent with the daily property management.

2. What type of contract does the property contract belong to?

According to Article 937 of the Civil Code of China, property contracts are divided into a separate category by the Civil Code, all of which belong to the category of property service contracts. The characteristics of the property contract are as follows:

1) The property service contract is a civil contract established on an equal and voluntary basis.

2) The property service contract is a special entrustment contract. The basis of the property service contract lies in the entrustment of the owners' general meeting and the owners' committee, but it is different from the general entrustment contract. According to the provisions of the Civil Code of the People's Republic of China:

An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the principal. The entrustment contract is based on the mutual trust between the parties, and either party to the entrustment contract can terminate the entrustment relationship at any time if it loses trust in the other party.

3) The property service contract is a contract with labor services as the subject matter. The obligation of the property management service enterprise is to provide the labor services agreed in the contract, and after completing the agreed obligations, it is entitled to remuneration. As long as the property management service company completes the agreed service behavior, the rest of the risks shall be borne by the owner.

4) The property service contract is a promise contract, a paid contract, a double contract, and a formal contract. The property service hosiery is established when the owners' committee and the property management service company reach an agreement on the terms of the contract, and there is no need to rely on the actual delivery of the property.