Is it okay for a real estate developer and property to be a company?

At present, China's major cities have their own clear property management regulations, such as Beijing property management regulations, which clearly indicate that development enterprises with property management qualifications cannot manage their own real estate. (In 2006, the Beijing Municipal Construction Commission issued the Notice on Issues Concerning the Strengthening of the Management of Property Management Enterprises' Qualifications, requiring that residential properties must be determined through bidding from the date of issuance of the notice, forcing developers to "separate construction and management".) But if the developer registers a separate property company, there is no clearer rule at this time.

If the city does not have such a rule, then according to the national regulations, it is not encouraged but allowed to happen.

Property Management Specification (promulgated on June 8, 2003 by Order No. 379 of the People's Republic of China.

According to the "Decision on Amending the Property Management Regulations" on August 26, 2007, Article 24.

The state advocates the construction of units.

In accordance with the principle of separating real estate development and property management, property service enterprises with corresponding qualifications are selected through bidding.

The construction unit of residential property shall select and hire property service enterprises 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.

1. When a party initiates a lawsuit, it shall first submit an indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court: 1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

Do the math how much it will cost you to renovate your home

Some people do not know much about the relationship between the property and the developer, such as treating the developer as a property and some people as a developer. So what is the relationship between the property and the developer? Let's take a look.

1. What is the relationship between the property and the developer?

There are generally two kinds of relationships between property and developer management companies:1Affiliation:

The property management company is a subsidiary of the developer and is also equivalent to a branch of the developer; 2.Contractual relationship: The developer signs a pre-property management contract with the property management company on behalf of the original owner, and hires the property management company to carry out the pre-property management of the community.

2. What are the responsibilities of the property and the developer?

1.Developers.

1) During the warranty period, if there are cracks or rain seepage in the house, the developer is responsible for repairing it, which has nothing to do with the property.

2) The property management companies in many communities are subordinate to the developer, so many owners transfer the responsibility that should be borne by the developer to the property management company, thinking that the property management is not in place. In fact, after the developer sells the house to the owner, the property rights of the house belong to the owner, not to the developer, and the choice of what property company can decide through the owners' meeting.

2.Property.

1) Property management is agreed between the owner and the property company in accordance with the contract in the property service, such as the obligation to repair and maintain the management of housing equipment, and also to maintain the environmental sanitation in the community. In other words, a property is a service that matches the quality and price of the owner.

2) The owner and the property management company have signed a contract, if the property does not serve in accordance with the contract, infringing on the rights and interests of the owner, then the owner can rectify the property, if not, you can sue the court. If the owner asks the property to do something other than the contract, the property management company can respond to the relevant departments and try to solve the problem.

3) The owner requires the property to do the work outside the property service sales contract, which belongs to the encroachment on the rights and interests of the property enterprise and the majority of the owners, which increases the cost of the property service company, and will also affect the property management and service, and the property should be reported immediately.

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Summary. Hello, it is not legal for the developer and the property to be the same company, because the developer is the builder of the project and should have quality assurance for the house, and when the developer and the property company are the same, the property company will cover up the real problem of the developer's construction quality. If the real estate developer and the property company are the same company, they should be reported to the housing and urban development department in time.

Hello, it is not legal for the developer and the property to be a company, because the developer is the builder of the project and should have quality assurance for the house, and when the Kaichi Chang developer and the property company are the same, the property company will cover up the substantive problems of the developer's construction quality. If there is a real estate developer and a property company that is the same company as Minbi, it should be reported to the housing and urban-rural development department in a timely manner.

Article 937 of the Civil Code A property management 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 ancillary facilities, environmental sanitation and related order management and maintenance, and the owner pays the property management fee. Property service providers include Wunai simple service enterprises and other managers.

Legal analysis: 1. Affiliation: In fact, the property company is a subsidiary of the developer;

2. Contractual relationship: The developer will generally use the identity of the original owner to enter into a property management contract, and then hire a property company to carry out the preliminary management of the community.

Although the property company has a very close relationship with the developer, there are also several relationships, including subordinate and contractual relationships. There are usually two types of relationships between the developer and the property management company: the subordinate relationship, that is, the property management company is a branch or subsidiary of the developer; The contract is a relationship between the developer and the original owner, and the developer enters into a pre-property management contract as the original owner and hires a property management company to carry out the pre-property management.

The relationship between the developer and the owner is mainly a contract relationship for the purchase of a house, and if the developer does not sell all of his houses, then the developer is also the owner and bears the same rights and obligations as ordinary owners. The relationship between the developer and the property management company is usually as follows:

1. The property is selected or established by the developer. The developer chooses a company with which the developer has a business relationship or the developer itself sets up a property management company, which is usually the case when the owners' committee has not yet been established.

2. Contractual relationship, the property is tendered by the developer to enter the community and be responsible for property management. The developer conducts bidding and recruits the property company to manage the community in a unified manner to ensure the normal operation of the property in the community.

3. The property company has no direct relationship with the developer. After the establishment of the owners' committee, the property management company is selected and determined by all the owners (the owners' committee), which can be the previous property management company or other property management companies. The biggest difference between the developer and the property is in terms of responsibilities:

The developer is responsible for the construction and Kaifan construction, and is responsible for the sales, and the property company is responsible for managing the community sanitation, security and the missing works left by the developer, and supervising and servicing the daily water and electricity facilities. 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 management service enterprises, and the owners and property management 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.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Summary. Hello dear, it is an honor to serve you, the developer and the property is a company that is not legitimate. If it is a different company that is registered, it is legal.

If you want to change the property, you need to set up a property management committee, you can have the right to manage it, and apply for a change of property management company in accordance with the law.

Hello dear, it is an honor to serve you, the developer and the property is a company that is not legitimate. If it is registered to call the royal chain to sue a different company, legally. If you want to change the property, you need the owner to set up a property committee, you can have the right to manage it, and apply for the replacement of the property town Mingye Company in accordance with the law.

The developer and the owner are in a contractual relationship for the purchase of a house, and the developer and the property management company are in a subordinate relationship or a contractual relationship with the property management company. The property management company is a branch of the developer or a subsidiary, which is a subordinate relationship; The developer enters into a pre-property management contract as the original owner and hires a property management company to carry out the pre-property management of the family chain.

Article 937 of the Civil Code A property management 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 ancillary facilities, environmental sanitation and related order management and maintenance, and the owner pays the property management fee. Property service providers include Wunai simple service enterprises and other managers.

The development of rock guess business refers to the purchase of the first land to build a house, and then sell the house for the main body of the market; The property is the main body that signs a property service contract with the tenant, stipulates the rights and obligations of both parties, and the property company needs to manage the property in the community. The property company first signs a contract with the developer, and after the house is delivered, the property company will sign a contract with the owner of the community.