Should the property management company be banned and managed by the community? What do you think?

Lowered,Property companies should indeed be banned, but they should not be managed by the community。This is because when the property is not playing its due role, it is natural to ban the property. However, if the community takes over the property function, it will not only bring a greater workload to the community, but also put a heavier burden on the community, so it is not realistic to have the community manage it in a unified manner, and it is far less convenient to let the owners manage it themselves and accept the jurisdiction of the community.

First, the property company should indeed be banned

Essentially, when the property company is unable to play its role, then it is indeed necessary to ban the property company. The reason why I say this is because on the one hand, the property management company serves the owners, but some property management companies not only do not serve the owners, but have become the object of headaches for the owners. On the other hand, it is because when there is a conflict between the owner and the property company, it is difficult for the owner to compete with the property company.

In other words,Since the owner has spent money to buy the services of the property management company, the existence of the property management company is actually meaningless when the owner does not enjoy the services they deserve. Not to mention the payment of strata fees.

In this case, the property company also imposes a financial burden on the property owner, so canceling the property may be a better thing for the property owner.

Second, it should not be managed in a unified manner in the community

In the opinion of some people, it may be better to have the community in which they are located to manage it in a unified manner than a property management company. But you must know that the service content of the property company is very trivialTherefore, if the community replaces the property management company, it will not only increase the workload of the community, but also bring a very large burden (manpower, etc.) to the community, and it will also encounter great difficulties in actual operation。In such a situation, although it is easier for the community to gain the trust of the owners, it is not realistic to let the community manage the community in a unified manner, and it is easy to cause a series of follow-up problems, so it should not be managed in a unified manner.

In general, it seems to me that there is a need to ban the property, but the community should not be left to take over the functions of the property.

I don't think property companies should be banned; I don't think property companies need to be banned, because if they are managed by the community, it will increase the workload and work pressure, and it will be impossible to take care of the emotions of every resident, which may cause social chaos.

I think it should be banned, because now I feel that many property companies are cheating the owners in the community, and they can't guarantee the safety of the owners.

I think it should be outlawed. Because the current property is not careful, it also brings a lot of trouble to the owner.

Legal analysis]: The community does not have the right to manage the property. The work responsibilities of the community are supervision, guidance, coordination, and do not have the qualifications of property management, nor do they have the professional quality of being a first-level organizational department.

The construction unit of a residential property does not select and hire a property management service enterprise through bidding or bidding, or adopts an agreement to select and hire a property management service enterprise without approval. Without the consent of the owners' general meeting, the property service enterprise changes the use of property management housing without authorization, and the local people's ** real estate administrative department at or above the county level shall order it to make corrections within a time limit and give a warning.

Legal basisArticle 937 of the Civil Code of the People's Republic of China is a contract in which the property service provider provides the owner with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

Property Management Regulations" Article 61 In violation of the provisions of these Regulations, the construction unit in the property management area is not in accordance with the provisions of the necessary property management housing, by the local people's ** real estate administrative departments at or above the county level shall be ordered to rectify within a time limit, give a warning, confiscate illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

Legal Analysis: The community is not able to manage the property. Property is a company organization that enters the community to serve the owner by signing a service management contract with the property management company.

The work responsibilities of the community are to supervise, guide, and coordinate, and it does not have the qualifications of property management, nor does it have professional quality, and it is a grassroots mass autonomous organization.

Legal basis: Civil Code of the People's Republic of China

Article 284: Owners may manage buildings and their ancillary facilities on their own, or may entrust property management service enterprises or other managers to manage them. The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.

Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

Article 937: A property management service contract is a contract whereby a property management service provider provides property management services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and management and maintenance of related order for the owners within the property management service area, and the owners pay the property management fees. Property service providers include property service enterprises and other managers.

Legal Analysis: The community is generally an agency that manages the residents, and the property is an agency that has signed a contract with the owner to provide services to the owner, and in general, the community cannot manage the property.

Legal basis: According to Article 937 of the Civil Code of the People's Republic of China, a property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance and maintenance of buildings and their ancillary facilities, environmental sanitation and management and maintenance of related order within the property service area, and the owner pays the property fee.

Property service providers include property service enterprises and other managers.

Legal analysis: the community has no right to manage the property, and the work responsibilities of the community are to supervise, guide, and coordinate, and it does not have the qualifications of property management, nor does it have the professional quality to be a first-level organizational department. According to the state of social development in China, the following types of community functions should be focused on cultivating and improving:

Management function, service function, guarantee function, education function, security and stability function.

Legal basis: Regulations of the People's Republic of China on Property Management

Article 56: In violation of the provisions of these Regulations, the construction unit of a residential property fails to select and hire a property management service enterprise through bidding or bidding, or adopts an agreement to select and hire a property management service enterprise without approval. The local people's ** real estate administrative departments at or above the county level shall order corrections within a time limit, give warnings, and may impose a fine of less than 100,000 yuan.

Article 65 Where an owner, in the name of the owners' general meeting or the owners' committee, engages in activities that violate laws and regulations, and constitutes a crime, he shall be investigated for criminal responsibility in accordance with law; where a crime is not constituted, a public security administrative punishment is to be given in accordance with law.

Property is a simple service company, how can it become a management company? What does it have to manage, the owners, or the assets of the community? If it is management, there will definitely be authorization, there are laws and regulations, what laws and regulations are it based on, and according to whose authorization, to manage the owners and assets?

Therefore, in any respect, the property can only be a service company, with no management function.

A property service company should sign a service contract with the Owners' Committee and be supervised and managed by the Owners' Committee. The business committee, like the villagers' congress, is a mass autonomous organization, and it is of the same nature as the village good code, the villagers' group under the community, and the neighborhood committee. The property is managed by the community and co-managed by the property committees, which is a very reasonable management method.

Residents can also directly find the community if they have demands, or they can make suggestions to the community through the business committee. The work of the community can also be issued layer by layer.

The property fee is collected by the community and the expenditure is managed in a unified manner. Public security is carried out by the community and even streets, districts, and towns, and qualified security companies are hired in a unified manner, and the management is responsible for the management of the shards, which not only guarantees the qualifications, but also guarantees the quality of employees, and there are also people responsible for liability accidents. Like the current property company, there are slightly larger accidents, personnel contracts, responsibility demarcation, economic compensation, etc. for security personnel, and there are huge problems in the process of standardizing management alone, not to mention active compensation.

The same is true for sanitation and cleaning, which is undertaken by a specialized cleaning company and implements standardized management. All kinds of security friends hired by the community and other levels of the company, cleaning service companies, in terms of qualifications, personnel management, service standards are guaranteed, the cost will also be reduced because of the expansion of the service object, at least the charge is reasonable, there is supervision, this is the best, spend money to spend in the clear, can not spend money in vain.

The current property management company is not even clear about who to serve and who is responsible for. The population of the community is highly mobile, and many people don't even know what the property company is. It is only the daily safety patrol, cleaning service, maintenance and repair, etc., but also maintained, if there is a liability accident, the chain reaction caused by it cannot be underestimated.

The management and basic services of villagers and residents are the most important responsibilities of the village committee and the community, so the community-based management of property is also the only way for community management.

Legal analysis: No, the work responsibilities of the community are to supervise, guide, and coordinate rough pants, and do not have the qualifications of property management, nor do they have the professional quality to be assigned to the first-level organizational department.

Legal basis: "Property Management Regulations" Article 36 Property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If a property management 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.