Translated from English Property or estate, this word was introduced into coastal areas and inland areas from Hong Kong. In foreign countries, especially in Southeast Asia, it is used as another name or synonym for real estate.
Property can be divided into: residence, office building, shopping mall, hotel, industrial workshop, etc.
Who will exercise the right of property management? The right of property management in residential areas is realized by the owners through the owners' meeting and the property management Committee.
The so-called owners generally refer to the owners and users of real estate in residential areas, or owners of commercial buildings, industrial areas and other properties. The owners' assembly consists of the owners of residential areas or properties. When the residential area is delivered and the occupancy rate reaches more than 50%, the district real estate management department shall, in conjunction with the development and construction unit, convene the first owners' meeting in time. The owner may entrust an agent to attend the owners' meeting, and the owner under the age of 18 shall be represented by his legal representative.
The owners' congress has the following powers: ① to elect and recall members of the property management committee; (2) To supervise the work of the management committee; (3) Hearing and deliberating the work report of the Central Military Commission; (four) to decide on major issues involving the interests of the owners of residential areas (or other properties); ⑤ Amend the owners' convention; 6. Changing and revoking inappropriate decisions of the Central Military Commission; ⑦ Approve the articles of association of the management committee.
How does property management serve?
The fundamental purpose of property management is to provide and maintain a good living and working environment for all owners and users and meet their reasonable requirements as much as possible.
In practice, property management services can be divided into two parts according to the property engineering cycle, that is, before delivery and after delivery.
Before the property is delivered for use, the service object of the management company is mainly the big owners, that is, developers or investors. Services at this stage include:
1, from the perspective of property management, put forward suggestions on the structural design and functional allocation of buildings;
2. Formulate a property management plan including computer management share;
3. The established organizational structure of property management;
4. Formulate the working level of property management and provide employee training plan;
5. Formulate the property management budget for the first year;
6. Participate in project supervision;
7. Participate in equipment procurement;
8. Participate in project acceptance;
9. Drafting the text of property management;
After delivery, the property management service object is all owners and users, and the basic contents usually include the following aspects:
1, house and equipment maintenance;
2. home insurance affairs;
3. Security services;
4. Cleaning services;
5. Green environment maintenance;
6. Emergency treatment;
7. Handle the complaints of the owners;
8. Financial management.
According to the requirements of business households, we can also provide some paid services, such as agency rental and sales business, indoor maintenance, cleaning service, food delivery and other business services.
Rights and obligations of owners According to the Regulations on Property Management, owners enjoy the following rights in property management activities:
(a) in accordance with the provisions of the property service contract, accept the services provided by the property management enterprise;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) to make suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;
(four) to participate in the owners' meeting and exercise the right to vote;
(five) to elect members of the owners' committee and enjoy the right to be elected;
(six) to supervise the work of the owners' committee;
(seven) to supervise the property management enterprises to perform the property service contract;
(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;
(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);
(ten) other rights stipulated by laws and regulations.
At the same time, the owners shall perform the following obligations in property management activities:
(a) abide by the owners' convention and the rules of procedure of the owners' congress;
(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;
(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;
(four) in accordance with the relevant provisions of the state to pay special maintenance funds;
(five) to pay the property service fee on time;
(six) other obligations stipulated by laws and regulations.
Common disputes in property management
At present, the problems existing in property management mainly include the following manifestations:
1, no formal property management company was established, resulting in low property management level and poor service quality;
2, public facilities special fund is not implemented, resulting in maintenance, construction, maintenance and other issues difficult to solve;
3, the system is not perfect, and the management order is chaotic;
4. The responsibilities between the manager and the owner are unclear, which affects the normal operation of residential property management;
5. The phenomenon of arbitrary charges is serious.
Should property companies compensate for property losses? At present, some owners claim compensation from property management companies after their property is stolen. They believe that since the management fee has been paid to the property management company, once the property is lost, the property management company should be liable for compensation. This understanding is incorrect.
First of all, the management fee charged by the property management company is the cost reward for providing services to the owners, which is neither the safekeeping fee of the owners' property nor the insurance premium of the property.
Secondly, the security work in property management only cooperates with neighborhood committees and public security organs to do a good job in public security prevention. Its main duty is to maintain public order in this area, not to look after the house for a single owner. The security capability of property management companies is limited, so it is objectively impossible to completely eliminate theft cases. It can be said that the provision and work of community security personnel have prevented or avoided the occurrence of many cases, reduced the cases to a minimum, and benefited the service owners.
As long as the property management company has fulfilled its due management obligations, the owner's claim for compensation violates the principle and is unfounded in the law, which is naturally rejected by the property management company.
Of course, if the property management company has management negligence, which leads to the occurrence of theft cases, it should bear the corresponding liability for compensation according to the degree of fault.
Complaints about housing quality problems
Problems in real estate mean that tangible property will shrink immediately. How to reduce shrinkage? It is particularly important to think about feasible countermeasures and find effective methods. Therefore, the following two points can save the cost of complaints and greatly improve the success rate.
Point 1: There are different ways to complain inside and outside the warranty period.
The relevant person in charge of the Letters and Calls Office of Shanghai Housing and Urban-Rural Development Bureau reminded the owners that they should safeguard their rights and interests in accordance with the relevant provisions of Shanghai's new residential quality guarantee. He reminded that under normal use, the warranty period of different parts of the house is also different:
1, the reasonable service life of residential foundation engineering and main structure engineering as stipulated in the design documents;
2, roofing waterproof engineering, toilet and exterior wall leakage prevention engineering, for 5 years;
3. Doors and windows shall be installed and sealed without warping for 2 years;
4, metope, ceiling plaster layer does not fall off, for 2 years;
5, electrical pipes, water supply and drainage pipes, equipment installation and decoration engineering, for 2 years.
After understanding the different warranty periods of different parts of the house, the owner should understand the different management departments and complaint acceptance agencies of the internal and external quality of the house during the warranty period. The person in charge said that after residents checked in, they complained about the quality of the house during the warranty period. If the developer fails to conduct on-the-spot inspection in time and handle it properly, the owner can further complain about the municipal construction engineering quality supervision station and the sub-stations in various districts.
Over the warranty period, tenants should report to the property company for repair. If the property company fails to maintain it in time, the owner can complain to the Housing Quality Management Office and Complaint Center of the Municipal Housing and Land Resources Administration, the housing quality management departments and complaint centers in all districts.