What are the defects in the property management contract?

With the implementation of the National Property Management Regulations this month, the defects of the property management contract mainly include:

(standard contract has gradually become the fetter of rights protection)

When the market and consumers are still immature, the standard contract guarantees the most basic rights of vulnerable consumers and is the last barrier of their rights. However, with the gradual development of the market and the maturity of consumers, the format contract is not easy to change and supplement, which has become an excuse for operators to oppress consumers and a fetter for consumers to protect their rights.

As long as it is a contract, we can talk about it. )

At present, many owners mistakenly think that the format contract is unique and mandatory, but it is not. As a standard contract formulated by the government, it is only a model text. Owners should not be limited by the contract itself, but should negotiate with the property management company according to their actual needs and finally work out a mutually satisfactory contract.

As owners, we should cherish and make full use of our right to participate in the formulation of contracts. It is hoped that the owners will pick up the pen, formulate supplementary terms, contribute their own experience and wisdom, and turn them into legally effective terms, so as to launch a more perfect and operational version of the property management service contract.

(Security guards must wear "iron rings")

At present, the infringement of property companies on owners' rights and interests is mostly realized by security guards, so Xiao Hailong thinks it is necessary to make certain provisions on security guards in the contract: security guards employed by property companies should hold corresponding professional qualification certificates, and people with bad moral records should not be employed as security guards. Improper security behavior infringes upon the legitimate rights and interests of the owners or property users, and the property company shall be jointly and severally liable. If the property company shall be liable for compensation, it shall be liable for double indemnity.

(Maintenance can also be "please call another expert")

For the maintenance services provided by the property management company, if the property management company fails to complete the maintenance of building parts and public facilities and equipment within a reasonable period of time, the industry committee may hire other qualified property management institutions or maintenance personnel to carry out maintenance, and the expenses incurred shall be borne by the property management company.

If the owner's application for maintenance and routine maintenance cannot be completed within a reasonable period of time, the property company shall promptly hire other qualified maintenance personnel to assist, and the owner may also decide to hire other qualified maintenance personnel for maintenance at his own discretion, and the expenses incurred shall be borne by the property company.

When signing a property management service contract, it must be noted that the property management company should provide its maintenance price list to the owner. As an annex to the contract, the maintenance price list is an integral part of the contract and has the effect of the contract. Without the consent of both parties, it shall not be changed.

"Property Management Regulations" came into effect on September 1 day, and claims were made for stolen property at home.

Seven breakthroughs in property management laws and regulations; The owner is responsible for the management of stolen property in his home.

Guangzhou experts believe that the "Regulations on Property Management" to be implemented next month will achieve seven breakthroughs, but emphasize that the legal status of industry committees needs to be established urgently.

In response to the Property Management Regulations (hereinafter referred to as the Regulations) which came into effect in September 1 year, yesterday afternoon, the Real Estate Professional Committee of Guangzhou Lawyers Association, Guangzhou Property Management Association, and the owners' representatives held extensive discussions on whether the commercial housing sales contract in the regulations should include property management contracts, whether the developers are obliged to pay property management and maintenance funds for the houses for sale, the owners' right to choose property management services, and the handover procedures of old and new property management companies.

The Property Management Regulations, which has been brewing for several years, was finally promulgated on June 8 this year and officially implemented on September 1 day. Yesterday, a legal person pointed out that the "Regulations" achieved at least seven breakthroughs in practice, giving owners more rights and putting many restrictions on property management companies. The "Regulations" also clearly stipulates who will bear the responsibility when the owner's personal and property safety is damaged. These issues have been controversial in the legal field in the past. After the implementation of the "Regulations", the property management company will be liable for compensation if the owner's home is stolen or beaten by vagrants in the community.

Breakthrough one: developers should set up property management contracts when selling houses.

Article 2 1 of the Regulations stipulates that before the owners and the owners' congress select and employ the property management enterprise, the construction unit shall sign a written preliminary property service contract. Comments: Dr. Zhan Liyuan, director of Guangdong Jinqiao Baixin Law Firm, believes that although there have been sporadic owners signing similar contracts with property management companies in the past, there are almost no formal ones.

Breakthrough 2: separation of first development and property management

Article 24 of the "Regulations" stipulates that the state encourages construction units to choose property management enterprises with corresponding qualifications through bidding in accordance with the principle of separating real estate development from property management. Comments: Legal sources pointed out that this is the first issue involved in all laws. The previous procedure was to set up the owners' committee first, and then the property management company was selected by the industry committee through bidding.

Breakthrough 3: * * * The property owner has the final say.

Article 27 of the "Regulations" stipulates that the construction unit shall not dispose of the ownership or use right of the * * * parts of the property and the * * facilities and equipment enjoyed by the owners according to law. Comments: This highlights the property rights of the owners. In the past, because the owners of residential quarters were often "unspecified", the shared area and other public parts of residential quarters were legally "unspecified" and were often disposed of by developers. Now, according to the "Regulations", the pool area can be concretized to effectively protect the owners' rights and interests.

Breakthrough 4: The construction unit should be equipped with management rooms.

Article 30 of the "Regulations" stipulates that the construction unit shall, in accordance with the provisions, allocate the necessary property management premises in the property management area. Comments: At present, almost 100% property management houses are owned by developers, and property management companies have to pay rent when using them. After the implementation of the "Regulations", the construction unit is required to build property management houses, and the property management company can at least reduce the rental cost and the owners can get benefits.

Breakthrough 5: Clarify the compensation liability of property management companies.

Paragraph 2 of Article 36 of the Regulations stipulates that if a property management enterprise fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. Comments: This is a controversial topic in the past. Now "liability for compensation" has been introduced, the most important of which is the safety officer. For example, if the owner's home is stolen or beaten by a homeless person in the community, the property management company must bear the liability for compensation. However, the compensation is limited, mainly because the contract itself should have such provisions.

Breakthrough six: it is conducive to breaking the monopoly of functional departments.

Article 45 of the Regulations stipulates that in the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Comments: In fact, many disputes between property management companies and owners in Guangzhou are related to this. Property management companies often have inevitable difficulties. According to their "format contract" with the power supply and water supply departments, property management companies need to pay fees. If several of the 65,438+000 owners fail to pay the fees on time, they will be responsible. In fact, most owners will be responsible for a few owners who violate the rules. Charging related fees from end users as stipulated in the Regulations will effectively solve this problem.

Breakthrough 7: The owners' committee enjoys the right to income.

The "Regulations" also stipulates the income right of the owners' committee. Comments: Lawyers believe that this is a judicial breakthrough in the concretization of public rights. However, there are also hidden concerns, and whose name some public property belongs to after the change of the owners' committee needs to be improved in the future legislative practice.