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If you are the owner of the community, you have the right to let the property provide rules and regulations, this is the right of your owners, you can go to the community property office, learn more about it.
The property management regulations are such contents.
The property management regulations are uniformly implemented across the country. Taking Beijing as an example, 10 years after the promulgation of the "Beijing Property Management Measures", the new property management regulations "Beijing Property Management Regulations" (hereinafter referred to as the "Regulations") will be formally implemented from tomorrow, the "Regulations" contain the owners' meeting, public facilities, property fees, parking spaces, community management and many other closely related to the owners of the content, a total of 104 rules.
In view of the current situation that it is difficult to establish the owners' committee in the community, the organizational form of the property management committee has been introduced, which meets the conditions for the establishment of the owners' meeting, has the conditions for the establishment of the owners' meeting but is indeed difficult to establish the owners' meeting, and the owners' meeting but cannot elect the owners' committee, and other relevant circumstances, and can be formed by the community street office, the township people, the owners, and the property representatives to form the property management committee to promote the establishment of the owners' meeting.
The term of office of the PMC is generally not more than three years. If the owners' general meeting has not been established and the owners' committee is elected at the expiration of the period, the property management committee shall be re-established by the sub-district office and the township people. The specific measures for the establishment of the property management committee shall be formulated by the municipal housing and urban-rural development department.
In addition to promoting the establishment of owners' meetings, the PMC will also assume the responsibility of negotiating property management fees, parking space use, and public facilities management.
Taking property service fees as an example, the Regulations stipulate that property service charges shall be subject to market-adjusted prices, which shall be negotiated between the owners and property managers and adjusted in a timely manner. At the same time, the municipal housing and urban-rural construction administrative departments are required to release a list of property service projects, clarify service standards and content, and industry associations to release property service project cost information and pricing rules for reference when negotiating property service fees. This means that property service companies and owners have relatively free bargaining space, and the quality of service will become the determining factor of property fees.
The problem of parking difficulties that residents are more concerned about is expected to be solved, and the property service provider shall set up a public notice board in a prominent position in the property management area, truthfully publicize and timely update the content and standards of property services, charging standards and methods, as well as information such as parking spaces and garages in the property management area.
In addition, for the pre-property property, the "Regulations" clarify that the construction unit bears the responsibility for the pre-property service. Before the construction unit sells the house, it shall select and hire a pre-property service person and sign a pre-property service contract, and the term of the pre-property service contract shall not exceed two years, and the specific period shall be agreed in the pre-property service contract.
Three months before the expiration of the term of the previous property, the owners shall jointly decide whether to continue to use the previous property service provider, and the property service provider shall continue to provide services before the property service contract signed between the owner and the new property service provider takes effect after the expiration of the period. If the property service contract signed between the owner and the new property service provider takes effect before the expiration or the pre-property service period has not been agreed upon, the pre-property service contract shall be terminated.
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According to this clause in the new property law, the owner has the right to check the rules and regulations made by the property.
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The owner is obliged to comply with the management regulations. The management statute shall be revised and supplemented by the management committee in accordance with the model text formulated by the local ** unified in combination with the actual situation of the property, and shall come into effect after discussion and adoption at the general meeting of owners. The management statute requires all owners in the property management area to abide by it, safeguard the overall rights and interests of all owners by regulating the behavior of owners in the property management activities of the community, and urge owners to fulfill their obligations in accordance with the management regulations.
[Legal basis].Article 17 of the Property Management Ordinance.
The management bridge and the regulations shall stipulate in accordance with the law on 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.
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The owner has the right to hold the celery column in the rough completion of the property management activity section
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 to formulate and revise the management regulations, temporary management regulations, and 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) Superintendents.
business service enterprises perform property service contracts;
8) The right to know and supervise the use of common parts of the property and common facilities and equipment;
9) Supervise the management and use of special maintenance funds;
10) Other rights stipulated by laws and regulations.
In the course of property management activities, the owner shall fulfill the following obligations:
1) Abide by the management regulations, temporary management regulations, and the rules of procedure of the general meeting of owners;
2) Comply with the rules and regulations of the common parts of the property, the use of common facilities and equipment, the maintenance of public order and environmental sanitation in the property management area;
3) Implement the decisions of the general meeting of owners and the decisions made by the owners' committee on the right to roll the bench at the general meeting of owners;
4) Pay special maintenance funds in accordance with relevant national regulations;
5) Pay the property service fee on time;
6) Other obligations stipulated by laws and regulations.
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Legal Analysis: It is stipulated that the rights of property owners include the ownership of exclusive parts and the co-ownership of common parts. The right to possess, use, benefit and dispose of the exclusive part. The right of co-ownership and co-management of the common parts enjoyed by the owner and other owners.
Legal basis: Article 271 of the Civil Code of the People's Republic of China provides that the owner has the ownership of the exclusive parts of the building, such as residential and business buildings, and has the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272 The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
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Do the math how much it will cost you to renovate your home
We all know that there is a property management company in every community, and disputes between property companies and owners are also very common, many owners do not know much about the specific management content of the property company, whether they have the right to manage the owners, so whether the property company has the right to manage the owners? Let's take a look!
Does the property have the right to manage the owner?
The property does not have the right to manage the owner, because the property and the owner are equal civil subjects, from the legal point of view, no one can manage whom, the property company is the "housekeeper", and the owner is the "master", and the relationship between the property and the owner is to be hired and employed, entrusted and entrusted, and to serve and receive services. The property management company has service content and management content, and the management and service together are not destroyed and can be separated, but the property management company does not have the function of driving management.
What does property management involve?
1. Engineering.
repair, maintenance and management of common areas and common facilities and equipment; Inspect and inspect the management area around the community; Water supply, power supply, gas supply, telecommunications and other units should coordinate and manage the maintenance of relevant pipelines and facilities in the community.
2. Cleaning.
Cleaning of the relevant sites and common parts of the property, dredging of sewage pipes, removal and collection of garbage. Maintain and manage public greenery, water features and buildings.
3. Security.
Experience and management of vehicle parking, assist in the management of public order and safety precautions, daily safety inspections within the scope of community management; Decoration and decoration management in the property management area.
4. Daily management.
Organize and keep the property files, and manage the accounts of the property maintenance and repair and renewal costs; Responsible for cooperating with the development and sales of Party A's residential projects; Responsible for collecting property service fees from owners and property users, contacting relevant departments, and obtaining timely and effective support for home textiles and communities, etc.
Enter the area and get the decoration for free**].
Enter the area and get the decoration for free**].
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Analysis of the law before the law: the owner of the property should abide by the regulations, and if there is something wrong with the property, it can be resolved through negotiation, and if the negotiation fails, a lawsuit can be filed with the people's court.
Legal basis: "Property Management Regulations".
Article 35 Property 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.
Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.
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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.
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The property company has the right to collect the owner's decoration deposit, if the owner does not remit money, the main structure cleans up the decoration garbage in a timely manner, after inspection, the decoration deposit is to be returned to the owner in a timely manner, if the property is not returned, the owner's transfer to the deposit, then it is the problem of the property, the owner can negotiate or complain to the superior authorities of the property, the Ministry of Housing and Urban-Rural Development at all levels, if it is really not possible, you can finally go to the court for litigation to solve.
In real life, parents have the right to hit their children. But legally, that's absolutely illegal. Even criminal. Because everyone has the right to life and health, and when he violates your rights, of course it is against the law, or even a crime.