Who is the boss and who is the part time worker?

To understand this, you need to understand the relationship between the property management company and the owner.

The property management company is referred to as the property management company. A property management company is an economic entity with independent legal personality that specializes in the professional management of permanent buildings, ancillary equipment, facilities and related sites and the surrounding environment on the ground, and provides a good living or working environment for owners and non-owners. As an independent corporate legal person, the property management company must have a clear business purpose and a management charter approved by the competent department of the industry, and be able to independently assume civil and economic legal responsibilities.

The owner is the owner of the property and is the owner of the property. The strata company provides services to the owners on a contractual basis. Some owners refer to themselves as masters and the strata company as nannies or servants. This perception is incorrect.

The relationship between the owner and the property company is a business partnership, a contractual relationship, and the owner spends money to purchase the services of the property company. The property management company provides services to the owners through the maintenance of the common property and the repair and maintenance of the exclusive part of the owners, and earns corresponding remuneration. Property companies and property owners are engaged in an interdependent business partnership by providing services and receiving remuneration.

3.A hundred years of repair can be crossed by the same boat, and a thousand years of repair can be repaired to sleep together", the relationship between the property company and the owner is actually the same, the two go hand in hand, and there can be no moment of separation. If the property company leaves the owner, there will be no market, and if it loses a place to live, it will not be able to survive at all; When the owner leaves the property management company, his work, study, and life are affected, and the whole community is in turmoil, and mass incidents are continuous.

The developer is the boss. Unless it has been handed over to the management of the community owners' committee.

The owner is the boss, and the property company is a part-time worker.

The developer is like an electrical company, and the property is like the after-sales maintenance specified by the electrical company, and the service is high, and it is difficult to get rid of it because the developer designated.

According to Article 50 of the Henan Provincial Property Management Regulations, property services may include the following: daily maintenance and management of the common parts of the property; the daily maintenance and management of the common facilities and equipment of the property and their operation and use; environmental sanitation, beautification and greening management services; maintenance of public order in the property management area; vehicle parking and site management; Accounting management for property repairs, renewals, renovations and maintenance; Custody of property records; Other services agreed by both parties.

To sum up, the services provided by property service companies are all public management services, so the owner pays the property fee, and the property service company provides property services, which is a reciprocal relationship, and I personally feel that there is no such thing as who is the boss and who is the part-time worker.

If the owner needs other services, the property can also provide paid services, of course, there is an additional paid service fee.

A property management company performs management duties in a newly built residential area or property under a contract of entrusted management.

responsible. Under normal circumstances, the entrusted management contract is first performed by the developer on behalf of the majority of owners and property management.

Signed by the company. After the owners' general meeting is convened and the owners' property management committee is established, it will be managed by the property.

On behalf of all owners, the management committee formally renewed the entrusted management contract with the property management company. In some cases, developers do not appoint a property management company, but take on the responsibility of managing the property themselves. If the developer acts as the manager himself, he must also be approved by the Housing Authority and obtain the "Property Management Qualification Certificate".

Even if the developer is the manager, when the management committee is formed, the management committee needs to sign a management contract with it. The developer has a certain right to decide the choice of the property company of the new community. If the community has set up an owners' committee, the owners' committee will organize a general meeting of owners to decide which property company to hire, but if the community does not have an owners' committee, the developer is not responsible for hiring, and can find the local neighborhood committee or sub-district office for coordination.

Legal basis: Article 2 of the "Property Management Regulations" The term "property management" in these regulations 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.

There are generally four ways for property companies to enter the community:

Before the delivery of the house or because there is no owner to move in, the property company at this time is selected by the developer, and the property company is selected to provide service management to the community through bidding and other means.

The deadline for the service of the property company in the early stage is the convening of the first owners' meeting of the community, and the property management company is selected by the owners' meeting.

After the end of the property in the early stage, the selection and dismissal of the property management company must be decided by the owners' general meeting, and after the owners' general meeting passes the resolution, it will be handed over to the owners' committee for specific implementation.

The selection and dismissal of property management companies requires the consent of more than two-thirds of the owners.

When there is no owners' committee in the community or the owners' meeting cannot be held, the community will work with the owners to select and hire a property management company according to the actual situation.

This kind of resettlement community mostly appears, ** through bidding for the resettlement community to hire a property company, the property fee in previous years will generally be paid by **.

Of course, the owner of the public space in the community is the owner. However, if the property management company wants to carry out some construction in the public places of the community, such as driving, public facilities, etc., it needs to be reported to the owners' general meeting and approved by the owner's representative before construction. If the construction is carried out without going through the owners' meeting, the owner's representative of the community can communicate with the property management company and ask it to demolish the facilities that occupy the common area.

The owners' committee has the power to dismiss the existing strata company, but only in accordance with the original strata service contract. If the property management company violates some terms of the contract, the owners' general meeting can dismiss the property management company, otherwise the owners' general meeting will bear the liability for breach of contract. However, if both parties agree to terminate the contract through consultation, they can no longer terminate the contract without violating the contract, and they will be liable for liquidated damages.

The owner and the property exist on the basis of a contract, a relationship between master and servant.

1.It is owned by the owners in common, according to Article 73 of the Property Law.

2.The right is based on Article 76, Paragraph 4 of the Property Law.

In principle, the owner is the owner of the community.

But if the owners are not united enough, the owners' committee will be meaningless, so that the property company is in charge, and one or two to fight for the rights, but will be installed in the name of the people.

It's different when you unite, don't say anything else, don't pay the property fee, the property will leave by itself, and you don't have to deal with him!

If you are in a compromise state, go to the property management association and ask in writing to change the property, and run a few more times!

The public places of the community are owned by all owners. Concentrate. It's all the owners!

The owners' committee is an organization elected by the general meeting of all owners to exercise rights on behalf of all owners, and the re-election of the property management company must convene a general meeting of owners, and the representatives of the owners of 1 2 agree to dissolve the original property management company, complete the handover procedures, and pay off the outstanding property management fees.

Of course, the public places in the community belong to the owners, and the owners' committee has the right to dismiss the existing property management company, which is based on the property law.

This is a rather tangled questionBecause the relationship between the two is not an employment relationship, and it is not an employment contract, but a property service contract between the two parties. It is equivalent to saying that the contractual relationship between the owner and the property management company is based on the building, not the owner. To put it more colloquially, it is the property management company that works for the construction specified in the contract, such as those public facilities in the community, not your owner, so why should they listen to the owner?

What's in the contract signed by the property? For example, there are some public facilities in the community, fire protection facilities, and sanitation and so on. What needs to be done has been written in the contractThe property provides these services as prescribed, and the owner pays the property fee, which is in accordance with the provisions of the contract, not that the owner and the property have signed a labor contract, and I will do whatever you want.

The service fee given is not called a salary, which is a misunderstanding of the relationship between the property company and the building entity. Don't think that if I pay, you should listen to my command, you have to do whatever I ask you to do, such an attitude is not clear about the content of the contract, and the property has the right to refuse the service beyond the scope of the contract.

Some people seem to have bought a house, and they feel that the property is their own nanny companyMake it clear that your owners are a whole, and it is you who sign the contract with them, and if there is a breach of contract by individual owners, it is equivalent to a breach of contract by you as a wholeIf the party at fault is the first to breach the contract, it is necessary to understand the relationship between the subjects.

Because the work of the property is to serve the owners, if you just listen to the owners, how to carry out the work.

There is no need for the current property to exist, this is the uncle that the owner has found for himself.

For property owners, the property is what they are hired to manage the community.

Because most of the time it is the property that manages the complex. If you listen to the voice of each owner, it is different.

Because if there is no property, the life of the owner will not be so healthy.

The property should be managed in a unified manner, otherwise it will be chaotic, so it will also listen to the property.

This is the case with a lot of things in this world, and sometimes you spend money and you have to listen to other people anyway.

The owners pay for the service, and they have their own rules and regulations.

The owner is the boss, and the property company is a part-time worker. The Owners' Committee may petition and reconcile with the property management company.