Who is the manager between the property and the owner? Who is governed? Who is the Lord and who is t

For a good property that is competent, the owner is the owner and the property is service-oriented.

On the contrary, the property is very strong, the owner is very aggrieved, pays the money, does not enjoy the due service, and will even be oppressed.

In fact, in the Civil Code, the previous "property manager" was changed to "property service provider", and the change of this title implies the correct positioning between property service enterprises and owners. In fact, the property service provider is only a service provider who provides property services for the owners of the community, and is neither a manager above the owners of the community, nor a slave subordinate to the owners of the community. The owner and the property service provider are equal subjects of civil transactions, and the owner pays the property management fee according to the service of the property management service enterprise, and the property management service enterprise shall provide property management services of consistent quality and price after receiving the property management fee.

Theoretically, the owner is the owner of the property, and the property is hired by the owner to serve the owner. Therefore, there is an equal contractual relationship between the owner and the property. The owner signs a property service contract and forms a service relationship with the property, which is based on the rights and obligations of both parties in the contract, and there is no priority or subordination.

However, in real life, due to some reasons, the property is sometimes anti-customer-oriented, and may even encroach on the legitimate rights and interests of the owner. This may be because the property has an advantage in terms of resources, information, and power, while the owner may be in a vulnerable position in some ways.

Therefore, in order to protect the rights and interests of property owners and ensure the quality and fairness of property services, owners should have a clear understanding of their own property, understand their rights and obligations as property owners, and also actively participate in the property management and decision-making process. Property management companies should comply with relevant laws and regulations, respect the rights and interests of property owners, and provide high-quality services.

When property is used as the abbreviation of a property management company, the main body of the management of the property management company is the management of the enterprise, such as the directors of the Kaizhen meeting and the general meeting of shareholders. The second-level management body is the actual decision-maker of the company, such as the general manager, CEO, and the administrative director.

Specifically, the management body of a property management project is the on-site person in charge of the property management enterprise stationed in the property project, such as the property project manager, the director of the management office, etc.

In the operation of the entire property company, it is the administrative system that dominates; In the daily property management activities, the property customer service department is the theme, and the engineering department, security department and other departments must work around the customer service department.

1. Property management refers to the joint management of the common parts of all buildings and the common buildings, places and facilities in the building zoning or entrusting property service enterprises and other managers to manage the buildings, facilities, equipment, places and sites jointly owned by the owners.

2. Property management services refer to the maintenance, repair and remediation of the property building and its equipment, municipal utilities, greening, health, transportation, public security and environmental appearance and other management projects entrusted by the property owner and in accordance with the property management entrustment contract, and provide comprehensive paid services to the property owner and user.

From the perspective of ownership, the contiguous part of an adjoining house (i.e., a structurally connected or shared house) is often both an integral part of a building unit in which an owner has ownership and a part that is shared with other owners.

Body—Definition.

1 main part.

2. Bearers of rights and obligations.

3 The existence corresponding to the object (nonego).

In property management, there is a twofold relationship between the property company and the owner: entrusting and being entrusted, and serving and being served.

In the entrustment, the owner is the main body, and in the service, the property company is the main body.

Excuse me, I haven't graduated from elementary school, so I'm missing you, thank you.

According to the current situation, it should be the small owners, after all, the property is for the owners.

The owners and the property, the real owner is of course the owner. It is easy for us to understand this question literally, the owner, the owner is the owner of the property, and the owner is the owner of the owner. The owner has the absolute right to control the house and the right to the property, of course, the owner is the real owner of the house, the property is only the owner's housekeeper, helping the owner manage some specific things, they have no right to decide the house at all.

1. The owner is the real owner of the house

If there is no owner, then the property ceases to exist. The true value and meaning of the property is to help the owner manage the specific matters of the house. They don't have the right to decide anything about the house, and to put it bluntly, the property is the owner's senior housekeeper.

The property owners vote for them and choose whether they go or stay, and the owners are the financiers of the property company. If the owner does not pay the management fee, then the property company will be difficult to support, therefore, the property company to provide the owner with better services, the owner as God, only God is satisfied, the property company can have the value of existence. Therefore, in the relationship between the property management company and the owner, one is served and the other is served, and it is clear that the owner is the owner of the house.

2. Whoever buys this house is the owner of the house

The property is only managed and there is no money to buy the house, so they are not the owners of the house at all. The owner paid for the house, so he is the owner of the house and has the right to dominate the house. The person who pays to buy a house and gets the keys is the owner.

With the owner buying the house, there is a follow-up property company to enter and manage these things in the community. The owner and the property company should be able to live in harmony because there is no conflict between the two, so the interests of the two are on the same front.

The construction of many communities is more high-quality and more humane, and only such property companies can survive. The property company manages a lot and does practical things for the owners, only in this way can the owners trust the property management company, and the various fees paid by the property company can be maintained normally. In this way, the relationship between the two should be one of mutual understanding and mutual support.

The owner is the object of urban management, the property is the best person in urban management, and the urban management does not directly manage the owners, but indirectly manages the owners by standardizing the behavior of the property, so the urban management is the real city owner.

The location of the owner and the property company in the complex, the owner is of course the owner. The property company only plays the role of a big housekeeper, receiving the salary paid by the owner and serving the owner. It's just that now some property companies have crossed this line, regard themselves as masters, and ignore the demands of the owners, which will cause many contradictions.

The property provides a service, fair trade, fair sale, and the relationship between the owner is not a master and servant, but a partnership!

The property is an uncle, every time I go to the property, the staff does not have a smile on the eyelids.

When it comes to community owners, everyone should be familiar with them. Generally, after we buy a house, we will naturally become the owner of the community, that is to say, the identity of the owner is based on the ownership of the property, and the concept of the owner of the community, that is, the owner of the property in the community, if it is a rental house, it cannot become the owner of the community.

1. What does the owner mean?

An owner is the owner of a property. The owner may be a natural person, legal person or other organization, a citizen or organization of the State or a foreign State. The property is essentially the same as the owner in terms of architecture.

Both refer to property (property) owners. The tenant is not the owner.

2. What are the rights of the owner?

1. Ownership of the exclusive part

The right to occupy, use, benefit from, and dispose of residential or business premises in the exclusive part of the building.

2. Co-ownership

The common ownership of the owners includes the common ownership of all buildings and the common ownership of public places, sites and grinding facilities built in the building zoning; co-ownership of roads and parking spaces; The legal easement of parking spaces and garages for supporting construction within the building zoning.

Such co-ownership includes the right to use, the right to distribute the proceeds, and the right to claim exclusion of hazards and nuisances.

3. Co-management

The right of co-management is the right to maintain the physical properties of the common parts and common objects and to ensure the operation of supporting facilities. According to China's "Property Management Regulations", owners enjoy the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;

2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;

3) To propose the formulation and revision of the owners' covenant and the rules of procedure of the owners' general meeting;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) To elect members of the owners' committee and enjoy the right to be elected;

6) To supervise the work of the Owners' Envy Committee;

7) Supervise the performance of property service contracts by property management enterprises;

8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;

9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);

10) Other rights provided for by laws and regulations.

4. Matters to be decided:

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

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.

Of course, the people here include not only natural persons, but also legal persons and other organizations, of course, in addition to domestic citizens, in fact, foreign citizens and organizations can also become owners. However, if you lease a property from someone else, you only have the right to use it and not the ownership, because the brother will not be able to become a property.

1. What is a property management area?

The property management area refers to the area where only one owners' meeting is established, which is relatively independent and implemented by a property service company. The division of property management areas shall take into account factors such as the common facilities and equipment of the property, the scale of the building, and community construction. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

2. Which agencies are responsible for the management and supervision of property management?

The administrative department of construction (i.e. the Ministry of Construction and Housing Security) is responsible for the supervision and management of property management activities nationwide. The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

The term "real estate administrative department" here is a general and flexible name, and the name or setting of the real estate administrative department is not exactly the same.

3. What are the basic rights of owners to enjoy jujube in property management activities?

Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property service enterprise;

2) Propose to convene a general meeting of owners and make suggestions on matters related to property management;

3) Propose the formulation and revision of the management regulations and the rules of procedure of the owners' general meeting;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) Elect members of the owners' committee and enjoy the right to be elected;

6) Supervise the work of the Owners' Committee;

7) Supervise the issuance of property service contracts by property service enterprises;

8) The management and use of special maintenance funds for common parts of the property and common facilities and equipment (hereinafter referred to as special maintenance funds);

9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance and repair funds);

10) Other rights stipulated by laws and regulations.

4. What are the basic obligations that owners need to fulfill in property management activities?

In the course of property management activities, the owner shall fulfill the following obligations:

1) Abide by the management regulations and the rules of procedure of the owners' general meeting;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, the maintenance of public order and environmental sanitation in the property management area;

3) To implement the decisions of the General Meeting of Owners and the decisions of the General Meeting of Owners authorized by the General Meeting of Owners to make the decisions of the Committee of Owners;

4) In accordance with the relevant provisions of the state to hand over the special maintenance funds;

5) Pay the property service fee on time;

6) Other obligations stipulated by laws and regulations.

1. Is the owner the owner of the property?

It is the owner of the property, and the ownership belongs to the registrant of the title deed.

Civil Code of the People's Republic of China: Article 217 The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

2. Can I not pay the property fee if I have not signed the property contract?

If the property contract is not signed, the owner also has to pay the property fee.

According to the "Property Management Regulations" and other relevant provisions, after the establishment of the owners' committee in accordance with the law, the property management contract signed between the owners' committee and the property management company shall be binding on all owners. Therefore, as long as the Owners Committee signs a contract with the property management company, the owner should pay the property fee. Taking a step back, even if the owners' committee has not signed a written property service contract with the property management company, but the owner has in fact accepted the property management services, the owner should pay the corresponding fee to the property management company according to the actual service ** as compensation for the services provided.

Therefore, if the property management contract has not been signed or the property management company has actually provided property management services, the owner will generally have to pay the property management fee. It is worth noting that if the owners' committee, the developer, the owner, etc., authorized by the owners' general meeting, have not signed a contract with the property management company, and the property management company forcibly provides property management services after being reminded, the owner may not pay the property management fee. Because there is no contractual relationship between the two parties at this time, of course, the property fee can not be paid.

3. What are the consequences when the property service contract is invalid

According to the provisions of China's Civil Code, if the property service contract is invalid, it is not protected by law, and after the contract is invalid or revoked, the property obtained due to the contract shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price.

According to article 157 of the Civil Code of the People's Republic of China, after a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

The above is my detailed introduction to the owner of the property, can you not pay the property fee without signing the property contract, etc., I believe there should be a certain understanding, if there are any legal issues that need to be solved, welcome professional lawyers and lawyers, for you to give professional answers.