Request for help on the Property Management Ordinance.

Very sympathetic to the owner's plight.

There is no clear statement in all laws and regulations as to when the property management fee will be paid. The main reason is that this date is difficult to determine, and there are certain differences in different communities and different regions. My personal opinion is that the sign of starting to pay the property management fee is from the day I start to enjoy the property management service.

So generally speaking, when the developer hands over the house to the owner, the owner begins to enjoy the various services provided by the property management company, and the management fee should be paid.

In my daily management work, many of them have not been accepted by the property management company has taken over, and the owner has moved in, and the property company has been serving the owner at this time, so the phenomenon that the owner has moved in and paid the management fee has not been fully accepted in the community. From a legal point of view, it may be illegal, but considering that it is beneficial to all three parties (real estate developers, property owners, and property companies), it is rare for ordinary people to complain, but there are certain risks involved. Once a part of the community fails to pass the acceptance, it is often the small owners who suffer losses.

However, there are generally different worries, real estate developers have three heads and six arms.

The landlord's situation is different from the above, that is, the owner did not take the house, when the owner is unwilling to take the house and has a legitimate reason, you can not accept the house, at this time the ownership of the house is still in the hands of the developer, and the developer must deal with the owner's opinions in a timely manner according to the requirements of the contract, if the house is not delivered to the owner on the date agreed in the contract, the owner should be given a certain amount of compensation. For the property management company, since the owner did not take over the house and did not enjoy the services provided by the property management company, the property management fee should not be paid. The management fee during this period should be paid by the developer, and if the owner cannot collect the house due to the developer's reasons, the developer will inevitably bear the losses caused by its own fault.

The property management company should not transfer the losses caused by the developer's negligence to the owner, which is unreasonable and illegal.

Processing: The landlord can go to the property management company and ask the property management company to explain why I paid from March 1, 2006, and ask the property management company to show written materials (the property owner agrees to accept the house). If the property company can't understand, it is recommended to talk to the boss of the property company, if it still can't be solved, you can tell the property company in writing, I am willing to pay the property management fee from the date I officially and legally received the house, and the property company can collect it at any time.

After that, you don't have to contact the property management company and wait for him to solve it with you. During these operations, attention must be paid to collecting evidence for future use in court.

If the commercial housing has not passed the quality acceptance can not be delivered, you should not pay the property management fee, and you can complain to the construction administrative department or the real estate department.

I think that the other party did not show the relevant proof that the other party breached the contract first, and the owner has the right to refuse to accept the house without any proof, so you are reasonable, and it should be calculated from the date when the other party gave you the relevant proof of the accident and the date you actually took over the house and signed the relevant agreement. Of course, I think that if the developer completes the formalities in the near future, the property rights should be handed over.

If not, you can go through legal procedures to protect your rights.

For more information, please contact your province**.

Legal analysis: property management work is a big box, and the things in the community are all packed into it. No matter what happens in the community, the first thing that comes to mind is the property service company and the property management department.

In fact, property management is a comprehensive social management work, involving the functions of many departments, which requires all departments to form a joint force and work together.

Legal basis: Jiang Brother staring at the Suzhou Provincial Property Management Regulations" Article 68 Urban management, public security, industry and commerce, environmental protection, health, planning and other administrative departments, shall strengthen the management of public order, public security and fire protection, environmental sanitation, housing use and other aspects of the property management area, establish a registration system for illegal complaints, and publish the name of the contact person and the contact party Wang Sunshi in a conspicuous position in the property management dust chain area, and deal with illegal acts in the property management area in accordance with the law.

Excuse me: My house is on the seventh floor, has not been inhabited for two months, today the property informed that due to the pipeline is not working, resulting in the upstairs residents using the wastewater from the toilet potty hole, the wooden floors of the three bedrooms and two living rooms are all flooded, heavy losses! What kind of responsibility should the property make in this situation?

1. The property company cannot cut off water and electricity, and there are provisions in the regulations for power and water outages, and the property company should not do this kind of thing.

2. There must be reasons why the owner does not pay the property fee, such as housing maintenance, indoor problems, etc., as soon as possible to help the owner coordinate with the construction unit, and the property management is to serve the owner, and only through the service can the owner recognize and trust. The owners know that the property management company has to pay salaries, buy cleaning materials, etc., and it depends on the property fees paid by the owners, but the property management company will pay in time if the owners are satisfied.

3. As the owner should not be in arrears of property fees, the survival of the property company is to get commissions (property fees) through management and service, if you do not pay property fees, security, cleaning, engineering and other personnel can not pay wages, this company is going to close, after they close, who will serve the owners. Do you do your own problems such as hygiene (corridor cleaning, garbage removal), public security (access control, building patrol, vehicle care)?

1. The property management company cannot cut off water and electricity.

2. If the owner does not pay the management fee, there must be a problem, and the property company should actively communicate with the owner to understand the situation and try to solve the problem.

Hehe, of course it's not correct, the property didn't evacuate you at the first time because you were afraid that you would become a claimant, and then you had the legal initiative. And take the risk without notifying you, and after the situation is basically stable, you will be passive, and whether you will compensate or not is completely up to the property, after all, they have "ensured your safety" first. The so-called dialectical theory is to be able to describe the black as white, and the dead as alive.

Alas, to tell the truth brother, there are few responsible people in the property, that is, everything has to be pushed back and forth for repair, and it is impossible to care about the potential safety hazards of residents.

Living in this environment, we can't completely use the law to protect our rights, and if you have money, you have to bow to the powerful. So try to take care of yourself and don't care about the advice of legal professionals who provide high-quality and comprehensive legal services to the wealthy while also acting in accordance with domestic political requirements.

1) This approach of the property management company is correct and reasonable. Because "the property evacuates the residents who have already moved in to the safe area at the first time. ”

2) The property management company's behavior of "notifying the owners who did not move in until the third day after the incident occurred" was slightly flawed.

Of course, this is not right, this is like a fire, notify the owner at the first time, evacuate to a safe place first, and then study the countermeasures, if an accident occurs, the developer, the construction unit, and the property are jointly and severally liable.