Help me If you have any questions about property management in the early stage, please advise

1.Can the owners' meeting dismiss the property management company?

The Owners' Committee may dismiss the property management enterprise. According to Article 11 of the Property Management Regulations, the general meeting of owners shall perform the following duties:

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

2) To elect and replace members of the owners' committee and supervise the work of the owners' committee;

3) Select, hire and dismiss property management enterprises;

4) Decide on the use of special maintenance funds, continue to raise plans, and supervise the implementation;

E) the development and revision of property management areas of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation maintenance and other aspects of the rules and regulations;

F) laws, regulations or rules of procedure of the general meeting of owners provisions of other duties related to property management;

2.Can a property management enterprise request the owners' general meeting to continue to perform or compensate in accordance with the property service contract it has signed with the developer?

The termination of the service contract of the previous property generally does not involve compensation. 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.

3.How should a well-known property management company deal with this incident?

You're a property company, right? If this happens to you, it's a bit unfortunate. Personally, I think that Fuming Property should communicate with the property committee to change itself from some specific facts, so that most owners can accept themselves. That's still a bit hollow.

However, the owner is God, and the property company should provide services to the owner as much as possible, of course, within the scope of the contract.

After changing the shortcomings of your work, you must let the owner understand that which property company to change to manage the service is almost the same, and maybe there are more problems with changing a property company. You can let the owner know how much work you have done in the past four years, what they can see, what they can't see, etc., so that they can understand your work, as long as there is a little bit of acceptance, your work will be considered a success.

I feel that the contradiction between your company and the property management committee is relatively big, and generally in the end, the biggest contradiction is not the contradiction between the property committee (or the owner) and the property company, but the contradiction between the property committee and the owner.

Winning the hearts of most owners is the best policy.

If the owners' committee decides to dismiss, it can only mean that there is a problem with the work of the property management company, but the property management company can require the owner to pay the property management fee in full according to the contract. Negotiate the payment of fees to gain some more benefits for yourself.

Article 21 of the "Property Management Regulations" stipulates that before the owners and the owners' general meeting select and hire a property management enterprise, the construction unit shall sign a written pre-property service contract. Paragraph 2 of Article 24 of the Regulations stipulates:

The construction unit of residential property shall select and hire a property service enterprise with corresponding qualifications through bidding.

Although the concept of pre-property management is not clearly defined in the "Property Management Regulations", and there have been different opinions in Chinese academic circles[2], from the interpretation of the above-mentioned provisions and the understanding of the nature of property management, we can roughly outline the following outline in terms of the pre-management of residential properties.

First of all, the pre-property management contract for a residential property is a formal contract. Secondly, the main body of the pre-property management contract is the construction unit and the property management enterprise. Thirdly, the start time of pre-property management should be after the first owner other than the construction unit is elected [3].

Finally, the termination of property management in the early stage should be when the "General Property Management Service Contract" signed between the owners' committee and the entrusted property management service enterprise takes effect[4].

After understanding the concept of pre-property management, the following will enter the topic of this article: the assumption of pre-property management costs. From the legislative level, since the "Property Management Regulations" do not clearly explain this issue, the provisions of local regulations and rules are different.

To sum up, there are three main types [5]:

1.Not stipulated. For example, Article 21 of the "Guangdong Provincial Property Management Regulations" only mentions the provisions on the pre-property management fee, and the pre-management and expenses before the comprehensive acceptance of the property after the completion of the property shall be the responsibility of the construction unit.

2.By contract. For example, Article 46 of the Regulations of Shanghai Municipality on the Administration of Residential Property stipulates that the pre-property management service fees incurred from the date of delivery of the newly built commercial residential buildings to the date of termination of the pre-property management service contract shall be borne by the residential ** unit and the buyer in accordance with the provisions of the residential transfer contract.

3.There is a contract according to the contract, and no contract is borne by the owner. Such as Article 51 of the Tianjin Property Management Regulations:

The property management service fee after the completion and acceptance of the property is delivered to the owner shall be borne by the owner; If the development and construction unit and the owner agree that the development and construction unit shall bear the property management service fee, the development and construction unit shall bear it. Comparing the above three provisions, it can be seen that the third provision is the most comprehensive in terms of structure, but its content is debatable. In the absence of a clear agreement in the contract on who will bear the property management fee, why should the owner bear the upfront property management fee?

Even if the parties agree that the owner will bear the responsibility, is such an agreement completely reasonable? These issues will be discussed below.

Article 2 of the Property Management Regulations, 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.

Pre-property management refers to the property management from the date of sale of the house to the effective date of the "Property Management Contract" signed between the owners' committee and the property management company.

It has the following features:

1. The newly built commercial residential unit shall formulate a residential use convention before the first residence, sign a preliminary property management service contract with the property management company selected by it, and report it to the district and county real estate management department where it is located for the record.

2. When a newly built commercial residential unit signs a residential transfer contract with a residential buyer, the residential use convention, the pre-property management service contract and the residential instruction manual shall be attached to the residential transfer contract.

3. The residential use convention shall not contradict laws and regulations.

4. During the pre-property management period, the newly built commercial residential ** unit shall not use the property maintenance**.

5. The pre-property management service costs incurred from the date of signing the pre-property management service contract to the date of delivery of the new commercial residential shall be borne by the residential ** unit; The pre-property management service fees incurred from the date of delivery of the newly built commercial residential buildings to the date of termination of the pre-property management service contract shall be borne by the residential ** unit and the buyer in accordance with the provisions of the residential transfer contract. When the newly built commercial residential building is delivered for use, the property management enterprise shall not collect it from the residential buyer unless otherwise agreed in the residential transfer contract.

Legal basis: Article 21 of the "Property Management Contract": Before the owners and the owners' general meeting select and hire a property service enterprise, the construction unit shall sign a written pre-property service contract.

Article 21 Before the owners and the owners' general meeting select and hire property service enterprises, the construction unit selects and hires property service enterprises, and shall sign a written pre-property service contract. Article 22 The construction unit shall, before selling the property, draw up a provisional management statute and make stipulations according to law on the use, maintenance, and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the provisional management statute. The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.

Article 23 The construction unit shall, before the sale of the property, clearly state the provisional management agreement to the property buyer and explain it. When signing a property sale contract with the construction unit, the property buyer shall make a written commitment to comply with the interim management statute. Article 24 The State advocates that construction units shall, in accordance with the principle of separating real estate development from property management, select and hire property service enterprises with corresponding qualifications through bidding and bidding.

The construction unit of residential property shall select and hire a property service enterprise with corresponding qualifications through bidding. If there are less than 3 bidders or a small residential scale, with the approval of the district and county people's real estate administrative departments where the property is located, the property service enterprises with corresponding qualifications can be selected by agreement. Article 25 The sales contract signed between the construction unit and the property buyer shall contain the contents agreed upon in the previous property management service contract. First of all, the most important content of property management is the selection of property management companies.

In our country, he made this choice in a fair, just and open manner. There is also the need for the construction unit to sign a contract with the property company, of course, the signing of the property management contract.

At present, most of the contradictions in property management are concentrated in the early stage of property management.

The focus of the contradiction: 1 is the property management fee charging standard;

2. The thing refers to the service level of the management of the industry;

3. The problem of parking charges;

4 is the problem of smart door locks;

5 is the problem of corridor maintenance fees;

6. Problems such as housing quality problems and maintenance.

The focus of the above contradictions:

1 is related to the forced mood of the owner when he signs the agreement with the property. Since the pre-property management is recruited by KFS, and KFS signs the pre-property management contract with the property, there are some unreasonable provisions in the pre-property management agreement. When the owner takes possession of the house, he is forced to sign a pre-property management agreement and an owner's covenant with the property, and pay the property management fee in advance.

However, these agreements and conventions do not reflect the wishes of the owners and do not reflect the principle of consensus.

2. The property was forced to take on the responsibility that should have been taken on by KFS: the maintenance of the quality of the house. In the quality acceptance of the house, some quality problems that do not affect the safe living of the house refer to the fact that KFS will promise to repair the house in the future for the smooth delivery of the house, but these repairs will generally be handed over to the property for implementation.

However, these quality problems are often difficult to complete smoothly through simple repairs, resulting in multiple complaints from owners. The owner will also be dissatisfied with the property due to the quality of the house. In fact, this part of the work should have been done by KFS, and now KFS is packaged for the property to complete, shifting the focus of the conflict and making the property a scapegoat.

3 is that the property is recruited by KFS, therefore, the property is responsible for KFS (because this job is given by KFS, if you don't listen to KFS, you can't get this job - you have to cooperate in the future), not to the owner. Whereas, the landlord is paying, and the property must be held accountable to the owner. This makes the property a sandwich layer, and the property can neither offend KFS – because there is still a need to work hard to win a property management area, nor can it offend the owner.

Comparatively, the property would rather offend the owner than offend it.

KFS, therefore, has become a phenomenon: part-time workers do not listen to those who pay, only listen to the boss. And the owner thinks of himself as the boss, while the property sees KFS as the boss.

4. When the owner buys a house, he takes the house price as an important consideration and rarely cares about the description of the property. At that time, I didn't care about the management quality of the community, nor did I care about the community's difficult regulations: such as the parking problem in the community, the smart door lock problem, and so on.

5. The property management party uses its authority to find ways to increase fees. For example, the authority to approve decoration is used to forcibly collect pass fees, corridor maintenance fees, garbage removal fees, etc.

Summary. Hello dear, pre-property management refers to the property management from the date of sale of the house to the effective date of the "Property Management Contract" signed by the owners' committee and the property management company. <>

What is Upfront Property Management?

Hello dear, the pre-property management refers to the scum or property management from the date of sale of the house to the time when the owners' committee and the property management company sign the "property management contract" such as the accompaniment. <>

Regardless of whether the property management enterprise developer is formed by the rapid distribution, or the independent formation, or the conversion of the housing management office, or the establishment of the major hunger systems, the early management must first continue to develop, and the whole mu refers to the bidding competition to contact the business.

The purpose of pre-property management is to create good conditions for future management, therefore, the property management enterprise stool model should be based on the requirements of property management, the planning and design of the property and the construction of the noisy building put forward reasonable suggestions. In the early management, property management enterprises should design the future management mode according to the hopes and requirements of the owners and users, and formulate corresponding rules and regulations.