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<> the advantages of the property company for the individual owner. Compared with individuals, companies have advantages in terms of economy, power, etc. When there is a dispute over unpaid property fees, we see that the court is basically a one-sided result in such rulings, and the property management company can basically win the case.
As a property owner, there is often no way to provide evidence or the evidence is insufficient to refuse to pay the property fee.
The property does not have the power to enforce the law, and the act of occupying the fire escape (putting personal belongings in the corridor) can only be mediated, and cannot be forcibly removed by the law enforcement bureau in one day. If you don't go, the fire inspection will punish the property.
But the service provided by the property company is really not good, or there is no service, and the water and electricity maintenance allows you to find someone outside, and there is an unknown code for the service. What property companies should think about is how to improve service, and doing a good job in service is the right way! The owner puts forward opinions and suggestions to the property management company, and the property management company's service is not bad, please pay the property fee on time, and do not default for no reason!
The owner respects the property. To obey the management, if the property is unreasonable, you can file a complaint through the property committee. Owners should respect property employees and respect their labor.
You can't think that you are God when you pay, and you are condescending to look down on the property staff, or even insult their personality.
The main concentration of the contradiction between the property and the owner is mainly manifested in: whether the fee paid by the owner can enjoy the same service; Whether the property fees charged by the property management company to ensure the normal operation of the company have been able to get the support of all owners? Whether the fees charged for public facilities in the community are reasonable, and the ownership of fees charged for public facilities, etc.
The property company provides services to the owners by maintaining the common property. But these co-owned properties do not exist in a vacuum, they exist in the owner's living quarters. That is, the co-ownership of the property co-exists with the owners who use the property, and the behavior of the owner greatly affects the use of the co-ownership property.
The relationship between the property and the owner is an employment relationship, and the owner takes the property fee for the services provided by the property company, if the vast majority of the owners are not satisfied with the services provided by the property management company, the owners have the right to change the property management company, but the vast majority of the owners agree!
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In terms of the nature of work, the relationship between the property and the owner is that of the service and the serviced.
First of all, the property company's own problems, as the property company did not recognize its own position, did not recognize its own service purpose, and more serious property management company also believes that it is an administrative organization to manage the owners, only me, mandatory fees. Illegal treatment of owners for the private interests of companies and individuals.
The second is that the problems left by the old property and the developer, now many communities due to the existence of housing quality problems, community supporting problems, illegal construction problems, children's school problems, etc. can not be solved, the owners are easy to transfer the problems that should be solved by the developer to the property company, and become a contradiction between the owner and the property.
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The property wants to charge more property fees, but the service does not meet the requirements of the owner, the owner wants to pay less property fees and wants to serve well.
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The relationship between the property and the owner is a reciprocal contractual relationship. The owner obtains the services provided by the property by paying for the service, which is in the nature of the work. If in terms of contract, they are an equivalent contractual relationship, the owner bears the cost of the product according to the contract, and the property provides maintenance, management, repair, etc.
For the property and the owner, it is necessary to maintain it well.
Property management companies are entrusted with the management of the property, mainly to provide services to the owners, and the two parties are equal in contractual relationship, and there is no distinction between priority and subordination. In our country's "Property Management Regulations.
It is clear that the function of the service, but also that the property belongs to the social service personnel, so to deal with the relationship between the property company and the owner, we must first treat each other with sincerity, and only a good service attitude can win the understanding and trust of the owner.
Other profiles of the property company.
The property management company is specialized in the professional management of permanent buildings, ancillary equipment, various facilities and related sites and the surrounding environment, and provides a good living or working environment for owners and non-owners, and has independent legal personality.
economic entities. It is a service enterprise, and it has an equal subject relationship with the owner or user, and it accepts the entrustment of the owner in accordance with relevant laws and regulations.
or contract, the property in a specific area is professionally managed and compensated accordingly.
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1. What is the relationship between the community and the property?
1. The community and the property are service relationships, and the details are as follows:
1) The community and the property are interdependent and mutually reinforcing;
2) The goals and service objects of the community and the property are the same, which are people-oriented, comprehensively improve the living quality of the owners, create a stable, safe, comfortable and healthy living environment, and promote the harmonious development of society.
2. Legal basis: Article 17 of the Property Management Regulations.
The management agreement shall stipulate in accordance with the law 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 management regulations.
Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.
The Management Agreement is binding on all owners.
2. What is the difference between a community and a property?
1. The subordinate departments are different, the property company is generally a unit hired by the owners' committee or the developer in the name of the owner, specializing in serving the owners and carrying out daily management of the community, while the community is an institution under the office, which is a mass organization, but can also perform the relevant functions on behalf of the owner;
2. The scope of management is different, the management scope of the community is larger, property management is the operation of a company, which can manage the daily life of the community and maintain and maintain some public facilities;
3. The nature of the two is different, and the property company is for the purpose of profit.
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With the continuous development of social economy, in real life, we will encounter a variety of problems, especially the contradiction between the owner and the property is very confusing for each owner, because the contradiction between the owner and the property has a great impact on the life of the entire community, when there is a conflict between our owner and the property, it must be solved in time, and then I will lead you to take a look at how to solve this problem when we have these contradictions.
First of all, we can obviously know that the biggest contradiction between the owner and the property is that the property service company has not fulfilled the management obligations, and the management of the community environment, supporting facilities, greening and other aspects is very inadequate. There are many phenomena such as illegal construction by owners and unauthorized changes to the structure of the house, which are often caused by the lack of supervision of property service companies over the owners of the community.
Of course, not only that, because some property service companies are suspected of charging indiscriminately, property management fees, parking fees, and charging relevant fees in accordance with the prescribed standards, so our owners must protect themselves through legal channels when they find that the property in the community has these behaviors, and they must conduct relevant negotiations with the property in the community, and they must collect relevant fees in accordance with the formal standards, and there is an attempt by the property service company to encroach on the public income of the owners of the community. The property committee has not fulfilled its role of supervision in accordance with the law, and these are the main contradictions between the owners of the community and the property, and when we have conflicts, we need to resolve these problems through negotiation.
To sum up, we can clearly know the conflicts between the owner and the property, including these, and sometimes the conflicts are very serious, and everyone must sit down and negotiate to solve these problems.
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The contradiction is the contradiction about the housing area, the contradiction about the sanitation of the corridor, the contradiction about the elevator, the contradiction about the parking of electric vehicles, and the contradiction about garage parking. To solve these conflicts, the property must first improve its own state and change its way of working.
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There are many contradictions between the owner and the property, for example, the annual property fee is the biggest contradiction, in order to solve this problem, the property should do their own work, consider the owner effectively, and get the approval of the owner, they will pay the relevant fees.
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There are many conflicts between the owner and the property, such as the environment, environmental security measures, and the maintenance of public goods. The solution is to constantly communicate with both parties and develop some strategies to solve the problem.
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Related issues between the owner and the property? There have been repeated disputes between landlords and strata companies over strata fees. The landlord believes that he can refuse to pay the strata fee if he is not satisfied with the property service.
The property management company argued that since the two parties had signed an inability to manage agreement, they should pay the fees according to the agreement. Both sides insist on their own words, so who is justified? Here are a few common questions about property fees, let's take a look.
1. What is a strata fee?
The property fee is the fee charged by the property owner and user for entrusting the property management unit to carry out daily maintenance, repair, remediation and other services related to the life of residents in the residential area for the housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment.
2. What are the reasons for not paying the property fee?
Reason 1: If you don't move in, you won't pay the property fee.
Explanation: From the content of the property fee, the owner understands that the service has certain limitations, because the property management area greening maintenance costs, property management area order maintenance costs, office expenses, property management enterprise fixed assets depreciation, etc., are all components of property management. Therefore, after buying a house, the owner should pay the property fee regardless of whether he lives in it or not.
Reason 2: If you are not satisfied with the property service, you will not pay the property fee.
Explanation: If the service provided by the property management company does not meet the standard agreed in the contract, it means that the service quality is not in place. The quality of property service in the community should be supervised by the community owners' committee.
If there is a problem of discrepancy between the quality of service and the charge**, you can directly negotiate with the property management company through the owners' committee. Disputes over property management charges can be resolved through communication between the Owners' Committee and the property, and the court will adjudicate the case after entering the judicial process.
Reason 3: Property damage can be refused to pay property fees.
Explanation: In view of the fact that when the property and the owner sign a property service contract, the contractual obligation to protect the property safety of the owner is generally excluded, so the damage to the property depends on whether the owner and the property management company have a special agreement on property safety.
If the owner has a specific property custody agreement with the strata company, then the claim can be made against the strata company according to the agreement. If there is no special agreement, it is necessary to see whether the property is negligent in safety management, and further divide the responsibility, rather than the owner not paying the property fee to recover the loss.
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The property is a business, the owner is a consumer, the property provides property services for the owner, and the owner pays the property fee to the property.
According to the different types of legal departments that regulate legal relations, the legal relations of property management can be divided into four categories: civil legal relations, economic legal relations, administrative legal relations, and criminal legal relations.
Among them, the criminal legal relationship is generally not directly stipulated in the normative legal documents of property management, but only points out that the property management act involves a crime in accordance with the corresponding provisions of the Criminal Law, so this section does not discuss the criminal legal relationship of property management.
Property replacement: The property can be either one-time ** or sporadic ** by renting, and consumed while circulating; Its value can be recovered in one lump sum or multiple times over a longer period of time. According to the relevant provisions of the Property Management Regulations of the People's Republic of China, the general meeting of owners has the right to decide on the selection and dismissal of property management enterprises.
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. The term of the pre-property service contract can be agreed; However, if the term is not expired and the property management service contract signed by the owners' committee and the property management enterprise takes effect, the previous property management service contract shall be terminated.
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The relationship between the property and the owner is one of entrustment.
Property management includes the following:
1. Construction management, including the maintenance and repair of all kinds of buildings and buildings for various purposes, and also manages the real estate information, and records the basic information of the management area, building, floor, room and the hardware facilities supporting the Bu Min;
2. Equipment management, some daily maintenance and repair of some public water supply, power supply, heating, air conditioning, ventilation, communication, fuel and other facilities to keep their use in good condition;
3. The organization and management of traffic in the community is the parallel traffic and vertical traffic in the community, which also includes the management of elevators and escalators, as well as the cleaning of passages, roofs and other spaces, as well as the maintenance of street lights;
4. Fire management is the establishment and implementation of the fire protection system, and at the same time, the setting of fire fighting equipment and fire fighters will also carry out some management;
5. It will also manage customer information, and realize the whole process management of the owner's purchase, rent, and check-out, so that the historical situation and current situation of the residents can be inquired at any time, and the most important thing is to strengthen the communication and management of the owners and residents;
6. Security management;
7. Greening management;
8. Cleaning management.
Legal basis: Article 35 of the Property Management Regulations.
Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.
Where a property management service 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.
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