Ask questions about the property of the housing developer

According to the property management regulations, the warranty period of heating equipment is from the first official heating to the end of the heating period. So look at your geothermal leak and see if it's under warranty. If so, then all the problems should be addressed to the developer for compensation.

As for the wall loopholes left by the property management company during maintenance, the property management company should be responsible for repairing, and the property management company has no legal basis to shirk responsibility on the grounds of the resignation of the previous property manager.

You can complain to the local property administration department about the above facts.

Finally, according to Article 26 of the "Property Management Regulations": "The term of the pre-property service contract can be agreed; However, if the property service contract signed by the owners' committee and the property management enterprise takes effect before the time limit expires, the previous property service contract shall be terminated. ”

A property company like your community should belong to the early stage of the property, if you think it is unqualified, you have the right to re-hire a new property company to serve you.

Strata fees should be paid. If you sue the property, you will lose the lawsuit, and then the court will tell you to sue the developer (property). Because the property is your nanny, your housekeeper. You can't deduct the nanny's salary because of your own problems, thank you.

Find a lawyer to counterclaim the property and make reasonable demands.

A property manager can't represent the property company, at least there must be a haircut, in saying that he has resigned, he also has to hand over the work with the next manager, no matter what, or his property company, it should be the agreement he reached with the developer, and you are buying the house under the developer's commitment, and it is also an agreement between you and him, so the three of you are connected! Everything else is an excuse!

This is the primary source of contradictions in property services. Most property companies are in a father-son relationship with real estate developers. Why do real estate developers set up property companies?

First of all, it is because there were very few independent legal person property companies in China at that time, and real estate developers set up a property company with after-sales service function instead of property management enterprises in order to promote houses, and often exaggerated the publicity of property service standards and quality, and promised to build comprehensive halls, brand-name schools, elderly activity centers, sports facilities, etc.

The second is to adopt a monopoly operation on the real estate properties developed by itself in order to obtain new sources of profits, especially in the first two years, the ultra-high profits are often as high as more than 30% of the property income. Third, in return, real estate developers exempt property fees and other benefits to relevant people, and the owners of one community who are exempt from property fees account for about 15% of all owners. The whole chain of real estate development and Zhengfa lacks integrity, and the quality of the remaining real estate affects the property service.

Real estate developers, builders, and material dealers often cut corners and other methods, resulting in a decline in the quality of real estate. People want to ask, why did the red brick buildings built by units in the past not have outstanding problems such as ventilation and blackening? And now these problems have arisen?

Because, often out of the existing building materials to the best of the best, some construction units cut corners, some construction personnel lack skills, some real estate developers earn black money, and some construction supervisors also turn a blind eye to the problems and other problems.

The quality of the houses built from the "problem chain" of each link of the above-mentioned real estate development can be imagined. Due to the father-son relationship between the real estate developer and the property company, a series of problems that the property company cannot get rid of and solve arises. For example, a real estate developer violates the provisions of the building law by arbitrarily promising to change the use of the house; Some real estate developers have a high quality of property service when they sell houses, and the quality of property services decreases significantly after the house is sold; The landlord also refused to pay the property fee because of the quality of the house, which became a major obstacle for the property management company to collect the property fee.

There is also a legal issue, the property management company is a subsidiary of the real estate company and not an independent legal person, and the contract signed between the owner and the property management company when moving in is legally non-existent, so the property management company has no legal status in the event of a property fee lawsuit. Article 32 of the "Property Management Regulations" stipulates that enterprises engaged in property management activities shall have independent legal personality.

1. How to deal with property disputes in the early stage of the developer? 1. Article 24 of the Property Management Regulations stipulates the principle of separation between real estate development and property management, and property management enterprises shall be selected through bidding. But so far, most of the community property management enterprises are derived from the developer, even if the implementation of bidding, because it is difficult to really establish a fair competition bidding mechanism, the property management enterprises derived from the developer are still in an advantageous position, often the bid, this construction and management of the "father-son relationship" is still widespread.

2. When the quality or sales of the property is not realistic, the commitment of the developer and other problems involving the developer lead to disputes over the year, the property management company often refuses to deal with it because it and the developer are two independent legal persons and have no relationship, and the developer is often a project company, and a community establishes a project company, which does not exist after the completion of the construction and settlement, and the contradictions such as after-sales service and warranty cannot be solved. 3. Solution: After the owners of the community meet the conditions, that is to say, the construction area of the house in the community and the delivery of the use reaches more than 50%, or the first house has been delivered for 2 years, the owners must be convened in time to establish the owners' committee, and protect their rights and interests through the owners' committee.

Be accountable. On the question of whether the developer needs to provide property management housing when selling the property. According to Article 30 of the "Property Management Regulations", the construction unit shall allocate the necessary property management buildings in the property management area in accordance with the regulations.

Article 67 stipulates that if the construction unit does not allocate the necessary property management housing in accordance with the provisions in the property management area in accordance with the regulations, the real estate administrative department at or above the county level shall order it to make corrections within a time limit, give a warning, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

1. Whether water and electricity can be cut off for residents if they do not pay property fees.

The owner and the property management company are equal civil subjects, and both parties shall perform their obligations in accordance with the contract, and any party shall bear the corresponding liability for breach of contract if it is violated. If the owner fails to pay the property fee in time, he shall bear legal responsibility, and the property management company has the right to require the owner to pay the property fee and bear a certain amount of liquidated damages.

However, the property management company does not have the right to take measures to cut off water and electricity. In the property management area, units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall collect fees from end users. If the owner signs a contract with the water supply or power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and electricity.

The property management company is not a party to the contract for water supply and power supply, and it has no right to interrupt the water supply and power supply to the owner without authorization.

From another point of view, the two parties to the water supply and power supply contract are the owner and the water supply and power supply company; The parties to a property management contract are the owner and the property management company, and the two are different legal relationships. The right to cut off water and electricity is an important right of defense for the performance of the contract of the water supply and power supply enterprise, and the property management company is not the water supply and power supply person in the community, so it naturally does not enjoy the right to supply water and electricity.

In the property management contract, it is agreed that in the case of the owner's arrears, the property management company can use water and power outages as a means of punishment, which is a contract clause in the Civil Code, and according to the law, such a clause should obtain the consent of the right holder, otherwise, it is an invalid clause, and the owner can pursue the property management company's tort damages liability.

2. The ownership of real estate rights for community services is regulated by law.

Although the community supporting housing is for the community residents, it still has independent real estate qualifications. There are also owners of community supporting houses, as well as real estate certificates, which can be listed and traded. Property management housing does not have independent property rights, belongs to public places, its property rights belong to all owners of the community, the property company provides community property services during the period, has the right to use the property management room free of charge, once the property company evacuates the community, should unconditionally withdraw from the use of the house.

Article 30 of the Property Management Regulations shall be in accordance with the provisions of the property management area to configure the necessary property management housing.

The 67th high register stipulates that if the construction unit does not allocate the necessary property management houses in the property management area in accordance with the regulations, the real estate administrative department at or above the county level shall order it to make corrections within a time limit, give a warning, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

1. Real estate developers are real estate development enterprises engaged in the construction of commercial housing and obtain profits, and have a certain period of warranty responsibility for the quality of the houses sold. After the establishment of the general meeting of owners, it is no longer responsible for the management of the developed property, and only enjoys the rights and obligations as the owner of the unsold property.

2. The property management company is an enterprise engaged in property management activities, which is selected by the general meeting of owners and provides property management services for the owners according to the provisions of the property service contract signed with the owners' committee and obtains service remuneration.

3. The content of the property service contract mainly includes property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

4. The Owners' Committee is elected by the General Meeting of Owners and is the executive body of the General Meeting of Owners, and its functions are:

1. Convene a meeting of the owners' meeting to report on the implementation of property management.

2. Sign the property service contract with the property management company selected by the owners' meeting on behalf of the owner.

3. Keep abreast of the opinions and suggestions of owners and property users, and supervise and assist property management companies to perform property service contracts.

4. Supervise the implementation of the owners' convention.

5. Perform other duties assigned by the general meeting of owners.