With the rapid development of urbanization in China, enjoying a comfortable and safe living environment and warm and thoughtful property services has become a common requirement for people to live. The following is a summary of property management cases that I have compiled for you. I hope you like it.

65438+20001October 7 On the morning of June 7, 2000, Xu went to work in the factory building and walked on the steps leading to the factory building by the freight elevator. That day, the water leakage on the third floor of the factory building just dripped on the steps, and it was frozen because of the cold weather. Xu went up the steps, slipped and fell. Hospital diagnosis: left shoulder humeral fracture with shoulder dislocation.

On the day when Xu fell from the building, the property management unit of the factory sent staff to visit. Xu asked the property company to take responsibility for this matter. The property company believes that there is no obligation to bear it. The two sides held their own words and sued the court for the second time.

The court ruled that:

After trial, the court held that the plaintiff, as an employee of the company, should take the pedestrian passage to and from work, walk during the day, see the ice on the steps and foresee the danger of skating, so he should be mainly responsible for the fall.

However, as the property management unit of the factory building, the defendant shall be responsible for the maintenance of the supporting facilities of the property company. After receiving the notice of repairing the factory building leakage, it should be repaired in time. However, it failed to provide effective evidence to arrange repairs in time, and failed to clear it in time or take active preventive measures after freezing, and should bear certain responsibilities for the plaintiff's slip and injury.

Case study:

First, the defendant's property management unit's behavior conforms to the constitutive requirements of civil liability for infringement of the right to life and health, and shall bear civil liability for infringement.

First, the behavior of the property management unit is illegal. Article 12 of the Regulations of Shanghai Municipality on Residential Property Management stipulates: "Property management services shall keep houses and public facilities in good condition, clean and beautiful environment and good public order, and ensure the convenience and safety of property use. When the parts, facilities or public facilities of the house are found to be damaged, protective measures should be taken immediately and maintenance should be carried out in accordance with the agreement of the property management service company. " It can be seen that the defendant in this case, as a property management unit, has a legal obligation to take immediate protective measures.

Second, it has the consequences of damaging the plaintiff's right to life and health.

Thirdly, there is a causal relationship between the defendant's inaction and the plaintiff's damage.

Fourth: the defendant's property management unit is at fault. In this case, the defendant, as the property management unit of the factory, has the obligation to ensure the convenience and safety of property use, which should be the special duty of professional managers.

Two, the plaintiff is at fault, should bear the main responsibility for their own injuries. In this case, the plaintiff has obvious fault for his fall, which is manifested in the following three aspects:

First, the elevator system outside the factory building is a freight elevator, which should be known to all employees in the factory building. The plaintiff, as a company employee, should go to work through the pedestrian channel. The plaintiff refused to climb the stairs and insisted on taking the freight elevator, which was subjective and intentional.

Second, the plaintiff should see ice on the steps. For safety reasons, the plaintiff should take the pedestrian passage, which is subjectively negligent.

Thirdly, when the plaintiff walked to the freight elevator, the defendant advised the plaintiff not to take this step to avoid slipping and falling, but the plaintiff did not listen to the advice and still took this step.

Article 131 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates: "If the victim is also at fault for the damage, the civil liability of the infringer may be reduced." Accordingly, the plaintiff should bear the main responsibility for his wrong behavior. Although the defendant's property management unit failed to repair and remove the accumulated ice in time or take active protective measures, it has fulfilled its obligation of timely warning and informing, and its liability for compensation should be reduced.

2. What if the customer defaults on property management?

Case introduction:

There is a local company, Company A, in a high-grade commercial office building, but its business has not developed further because it has settled in a good office building. On the contrary, the relatively expensive rent has become a big burden. After more than a year, the arrears of rent appeared. The property management department issued a notice that if Company A still fails to pay the arrears within the prescribed time limit, it will have to take necessary measures to suspend some services. Company A did not respond to this and could not respond. When the deadline comes, the property management department removes its communication line from the wiring board. Then the communication of company a was interrupted. At this point, the person in charge of Company A thinks that the office property management department has violated their rights, so the two sides have a dispute.

Comments:

1. In the process of inviting investment for property projects, the commercial reputation of tenants and their industry prospects should be properly investigated to avoid possible risks.

2. Under normal circumstances, the treatment of delinquent tenants should be based on the "Guidelines for the Management of Property Transfer and Lease" issued by the Ministry of Construction 1998: the delinquent tenants should be urged in writing first, and if there is no effective response, the time limit should be stated in writing and measures should be taken. The implementation of this measure should be firm, effective and hierarchical, which can solve the problem and minimize the possibility of sequelae.

3. In some cases, we should also be considerate of the special difficulties that some tenants may encounter, especially those companies with "good quality" or companies that have a greater impact on the whole project. It does not rule out appropriate grace and relief under certain conditions, and generally leaves room for such companies to deal with it.

4. The basis of taking measures against tenants who are in arrears with rent is to sign a legally binding lease contract with them. Therefore, the validity of the contract text is very important. Of course, these words have to be reviewed by lawyers, but it is not enough to have lawyers to review them. If conditions permit, it is best to consult a property management expert.

As an important research method of management, case analysis can play a unique role that other research methods can't. That is simple and clear, and the reference effect is strong. Because the case happened in real life, perhaps we saw it around us, or even experienced it, analyzing the background, causes, crux and treatment results of the case can give people a very intuitive understanding and have direct reference significance for the actual operation of property management. It is for this purpose that this book adheres to the four principles of comprehensiveness, typicality, adaptability and authenticity in case selection:

I. comprehensiveness

The multiplicity of disputes in the field of property management and the seriousness of real disputes show that disputes exist in all aspects of property management. Therefore, in case selection, this book adheres to the principle of comprehensiveness, and comprehensively analyzes the case selection of property management institutions, property management system, management mode, bidding management, internal management of property management companies, financial management, safety management, facility management, environmental planning and management, and the connection between property management and community management, which basically covers all aspects of property management. The content of each part is analyzed, studied and summarized with several cases, which reflects the integrity of the property management system.

Second, typicality.

Case analysis requires that the selection of cases must be typical, otherwise there will be no universal reference significance. If we choose a special case to analyze, which is difficult to meet in reality, then the case analysis has no practical significance. Therefore, in order to improve the reference function of property management case analysis and expand its application scope, this book adheres to the typical principle in case selection. Choose those disputes that often occur and are easy to occur in local property management, as well as cases that are difficult to handle after disputes and have fierce contradictions between the two sides as the evaluation objects. In the type of case selection, there are both negative cases of property management disputes and typical experiences of property management; Contradictions and disputes involving thorny legal issues, as well as local normative documents. The purpose of this is to reveal the root causes of property management disputes, show the advanced practices of property management, and provide guidance for property management learners and users.

Third, adaptability.

In view of the national conditions of China and the short history of property management, this book adheres to the principle of adaptability when selecting cases. Adaptability is reflected in three aspects: adapting to the national conditions, adapting to the situation of property management enterprises and owners, and adapting to the current legal environment and humanistic environment in China. In view of the short development history of property management in China, the relevant laws and regulations of property management are still in the stage of construction and improvement, and the understanding of property management by property management enterprises and owners needs to be improved, so a large number of foreign advanced property management cases are not selected for analysis in this income. Although foreign advanced property management experience represents a development trend, compared with the domestic situation, it is not feasible to learn from it.

Fourth, authenticity.

The vast majority of cases selected in this book come from various real community cases disclosed by various media, and there is no fiction. The case selection adheres to the principle of authenticity. On the one hand, it shows that there are indeed many problems and areas that need improvement in the field of property management, which shows the seriousness of the problem. On the other hand, the real case is chosen to provide important reference for users and improve the operability of the research.

Case Summary of Property Management Chapter III Case Introduction:

One day, when the staff of the management office of China Shipping Mall patrolled, they found a lot of sewage splashed on the wall and the ground around the public washbasin on the third floor, and many plastic bags were thrown away, giving off a bad smell. After observation and inquiry, it was found that these sewage and plastic bags came from a shop engaged in foot massage on the third floor.

The employees of this pedicure massage shop think that the washbasin is a public facility (not to say that their children don't feel distressed, this is the psychological motivation of many people who don't care about public facilities), so they spill it at will, sometimes even a few meters away, and then throw the plastic bag containing used massage sewage into the washbasin.

On this issue, the person in charge of the management office came to communicate with the store. Without further discussion, the boss showed his attitude and immediately rectified it to ensure that the sewage was directly poured into the washbasin and the plastic bags were discarded in the trash can.

But for a while, the situation remained the same. The person in charge of the management office then went to the door again and found the owner of this store. This time, the boss changed his attitude and asked, "If you don't let me pour the sewage there, where do you think it is?" The supervisor explained, "it's not that you are not allowed to fall there, but that you should be careful, because everyone will be affected by poor sanitation." The boss shook his head before the supervisor finished: "Then I don't care!" As a result, I met a nail that was neither soft nor hard.

If this road is impassable, then find another way (a good property management worker needs uncompromising tenacity, because there are too many things that have hit a nail in property management, and when they hit a nail, they retreat and can't do anything). Considering that the store has no drainage system, the management office is really inconvenient, so I bought a big plastic bucket with a cover and sent it to the store. Let the boss put the sewage and plastic bags in the store separately in plastic buckets, and then the employees in the store collect them to a certain extent and throw them away. The boss was impatient at first, but he could see that the management office was sincere and considerate, and really worked for the owners and tenants, so he turned the tables and accepted the advice of the management office. On the same day, arrange the staff in the store to carry out rectification. Since then, there has never been any dumping of stolen goods in shops.

Comments:

At present, a considerable number of people only recognize the service for property management companies, but not the management. It seems that the property management company is trying to be above the customers. In fact, management is also a kind of service, like dealing with similar things. Can it be said that it is not management? Can't such a thing be managed boldly? Of course, management can be higher than service.

4. The owner fell down on the residential road and sued the property management company.

Case introduction:

Mrs. Li, in Room 405, Building 1, went out after the snow, accidentally fell down on the pedestrian street of the residential area, and fractured the femoral head of her right leg. The security officer sent Mrs. Li to the hospital immediately after she found out.

Diagnosed as comminuted fracture of the femoral head in the right leg, the femoral head was immediately replaced by surgery. After the operation, Mrs. Li suggested that she fell in the community because she had to pay the property management fee every month, including the pool on the road in the community. Then, the medical expenses and mental damage compensation that she fell on the road in the residential area should be borne by the property management company.

After several negotiations, the property company refused to undertake it, and Mrs. Li sued the property company in court with a complaint.

Trial:

The property management company has no obligation to bear Mrs. Li's medical expenses and compensation for mental damage.

Comments:

The case involved accidental injuries caused by personal reasons in the community.

1, "Regulations on Price Management in People's Republic of China (PRC)" is the basis for property management companies to collect fees, in which public services in residential quarters include road greening management fees, and the share of property management fees paid by Li Furen belongs to the normal charging range.

The General Principles of the Civil Law and the Detailed Rules of the Civil Law clearly stipulate that accidental injuries caused by personal reasons (except within the scope of work) shall be borne by themselves.

3. Although Mrs. Li fell on the street of the residential area, no one was injured, and the snow on the pedestrian street of the residential area has been cleaned up, and the work of the property management company has not been delayed. "The road is slippery after the snow, please be careful!" Warning signs are hung in a conspicuous position on the residential pedestrian street. Mrs. Li's accidental injury was indeed caused by her carelessness or temporary road skid, and she was not directly responsible for the property company.

The property management company can care about Mrs. Li in many ways, but it has no right and obligation to pay medical expenses and compensation for mental damage for her.

5, respect the host, starting with remembering the name.

Case introduction:

The collection rate of property management fees for more than a dozen general factories in a development zone is uneven. At the end of the year, the company leaders found an administrator of a general factory with a charging rate of 96% to introduce their experience. The administrator said such a thing: there are more than a dozen businesses in the community. One day, one of them rented an ordinary factory with only one floor to find the administrator, and the administrator Zhang Guan Dai Li called the other person by the wrong name. The bearer immediately pulled his face down and said, "Look down on our small company!" Since then, the property management fee has been delayed for several months.

From then on, the administrator learned the lesson and memorized the names of more than a dozen business households and nearly 100 "dignitaries" (from the general manager to some department managers and managers related to property companies). Later, a new company joined the company for a few days, and the administrator got the job through various channels. Quot VIP "name, take the initiative to say hello when meeting, the other party repeatedly praised the property management in place.

Comments:

There are many slogans in property management services, such as "people-oriented" and "customers are God", the essence of which is to respect the owners. Respect is a person's basic need in social activities and family life. How to make the owners respect and satisfy with polite, enthusiastic, sincere and superb service is a knowledge of property management. In this case, the administrator learned the lesson of making mistakes in the name of the business owner. Afterwards, he not only remembered the name of the company and the name of the general manager, but also remembered the names of people who had contacts with the property management, which narrowed the distance between the two sides. This little thing shows that there are articles to do everywhere in property management.

6. Without a property management service contract, should the owner pay the property management fee?

Case introduction:

Some owners refused to pay the property management fee on the grounds that a property management company (hereinafter referred to as Company A) had not signed a property management contract with the owners or developers.

Company A thinks that it has been recognized by Company B, which was originally engaged in property management in the early stage of the community, and continues to provide property management services instead of Company B. Although the developer did not sign a property management contract with it, he set up an owners' committee and did not hire Company A, but signed a property management service contract with Company C, but before Company B withdrew to Company C to enter the community, Company A actually provided property management services and was entitled to collect property management fees and late fees.

However, the owner thinks that neither the developer nor the owners' committee has hired Company A, nor signed a contract with it, and the relationship between the rights and obligations of the service and the service has not been established, so the qualification of the litigation subject of Company A does not match; According to the second paragraph of Article 25 of the Regulations of Shanghai Municipality on Residential Property Management, you can request the court to dismiss the lawsuit without paying the property management fee.

Judgment of first instance:

The court of first instance ruled that the owner should pay the property management fee and the late payment fee according to the provisions of Article 24 1 and Article 54, paragraph 2 of the Regulations of Shanghai Municipality on Residential Property Management.

The owner refused to accept the above judgment and filed an appeal. According to the fourth paragraph of Article 3 of the Regulations of Shanghai Municipality on Residential Property Management, the term "property management enterprise" as mentioned in these Regulations refers to an enterprise that accepts the entrustment of the owners or the owners' committee and provides professional management services in accordance with the property management service contract.

18, paragraph 2, also emphasizes that when a property management enterprise is entrusted to engage in property management services, it shall sign a Property Management Service Contract. In other words, the property management service must sign a contract.

In addition, the second paragraph of Article 10 of the Contract Law clearly stipulates that "written form shall be adopted if it is stipulated by laws and administrative regulations." Therefore, the behavior of Company A belongs to management without contract, or "providing services by itself". It is believed that property management can be carried out through the agreement or consent of Company A and Company B, which has no basis in law and is not binding on the owners. Therefore, there is a legal basis for owners not to pay property management fees and late fees.

See the next page for a summary of more property management cases.