Job Recruitment Website - Property management - Take stock of things that the property doesn't want to tell the owner.

Take stock of things that the property doesn't want to tell the owner.

Living in a residential area, in case of power failure, water leakage and occupied parking spaces, the owners immediately think of finding a property, and the property management company is the "housekeeper" of the residential area. In essence, the property management company serves the community owners. In fact, this "housekeeper" who serves the owner is in charge of the public facilities resources, public property and various benefits that originally belonged to the owner, and the owner does not know. For the owners, in some cases, they have to be intimidated by the hired "housekeeper". More often, the owner doesn't know what service he bought with money.

Event 1: There is no basis for paying property fees in advance for the acceptance of new houses.

In the investigation, the reporter found that owners who bought new houses often encounter such a situation: while accepting new houses, property companies require owners to pay property fees in advance for a period of time (usually three months, and some buildings even require half a year or a year). In fact, there is no basis for property companies to collect property fees in advance.

According to the regulations, property management companies shall not charge fees in advance against the wishes of the owners or users who are not owners; If it can be received in advance after approval, the period of advance receipt shall not exceed 6 months. In this regard, if the property company does not produce the approval documents of the government administrative department, it can refuse to pay. When the property company refuses to hand over the owner's key, the owner can complain to the property management department and the price department.

Event 2: The owner's personal information is very valuable.

In our city, many residential developers have their own supporting property companies. When the property is delivered to the owner for use, the property company takes over the owner list from its own developer company, which often contains detailed information such as the owner's contact information, ID number and home address. Property managers who have mastered the owner's information sometimes secretly copy the list and sell it to companies in need for personal gain.

Event 3: The "free warranty period" that car owners can enjoy is very short.

The warranty period of the wall, ceiling, floor, doors and windows, hardware, pipes, sanitary ware, lamps and electrical switches in the owner's home is 2 months to 1 year. However, the start date is calculated from the date when the project is completed and accepted. Some so-called free maintenance, even before the owners buy a house, has expired. Only heating, waterproofing, various pipelines and other facilities have a relatively long warranty period of about 2 to 5 years.

In fact, even the security electronic door downstairs and the elevator in the unit are broken, and the owner may have to pay for it. Although property companies usually say that public funds can be set up for the maintenance and purchase of new facilities, and the insufficient expenses will be shared equally by the owners, the establishment of this fund requires the signature and consent of more than two-thirds of the owners. Not to mention whether it will get the consent of the owner, that is, how much public money is this, and which owner knows? The owner doesn't know if it is enough, and whether the owner increases the money is entirely up to the property company.

Event 4: Facility maintenance fee is put into "pocket"

For a newly-built residential area, the equipment is new, and the maintenance responsibility in the first year belongs to the equipment manufacturer, and it is not easy to have major failures for at least three to five years, so more than half of the property fees during this period are earned by the property. For example, the residential greening fee is charged by the property company when the owner moves in, but if the green space of the new residential area has not been built yet, then this fee will flow into the pockets of the property company. When the green space is completed the following year, the green fee will be charged correctly. Only on the green fee, the property company can earn a year's money for nothing.

Thus, it is not difficult to understand why developers are willing to match their property companies to real estate. For a new community, the property management company is still quite profitable. With the increasing age of residential quarters and the increasing exposure of accumulated problems, it is difficult for an old residential quarter to find a property company willing to take over.

Event 5: The owner doesn't know where the proceeds from public facilities go.

According to the new property law, public facilities such as elevators and external walls are owned by all owners. Advertising in these * * * places must first be approved by the owners' committee, and the proceeds should also be owned by all owners.

The Property Law stipulates that elevators and lobby entrances often change advertisements from time to time. This part of advertising revenue belongs to the operating income of public space use and should be owned by all owners. However, even if the owner can see this income in the accounts, it will not be sent to the owner. Because according to the regulations, the money should be used to supplement the shortage of property fees, other expenses of the owners or the maintenance fund for planning houses and the special fund for housing public facilities, and the property can collect part of the management fee from it. But the question is, where are the housing maintenance funds and public facilities funds spent by property companies? How much did it cost? Owners often don't know how much money they earn or how they spend it. The money is in the hands of the property, and the owner has no right to know and control. There is a general problem of "information asymmetry" between owners and property management companies.

Event 6: Call for property fees, and have no right to cut off power and water.

If the power supply bureau and the water supply company cut off water and electricity, as the "megaphone" of the water supply company and the power supply bureau, the property management company will regularly receive the list of owners who owe water and electricity bills, and then cut off water and electricity according to the requirements of the water supply company and the power supply bureau. However, the water supply company and the power supply bureau send people to cut off water and electricity for the buildings with meter reading to households.

In the investigation, the reporter found that many owners have been stopped by the property company without authorization because they did not pay the property fee in time. But in fact, the property can urge the owner or tenant to pay the property fee by making phone calls, distributing leaflets and visiting at home. However, it is illegal to stop water and power supply, and the owner has the right to sue the property company.

Event 7: Property can only receive "liquidated damages"

On the legal level, "late payment fee" is only aimed at the concept of paying fees to administrative organs. For example, water and electricity charges, delayed delivery costs need to pay late fees. The property company and the owner are equal civil subjects, and the service contract relationship is formed between them. Both parties shall sign the contract through equal consultation and perform their respective rights and obligations according to the contract. It can be seen that if the owner fails to pay the property fee on time, the property company can only collect liquidated damages in accordance with the provisions of the property service contract, rather than late fees.

Event 8: Property can be investigated in case of theft.

Many residential areas and properties have promised the owners that the residential areas will be closed for management, providing the owners with 24-hour on-the-job duty and patrol security services, and doing a good job in the safety prevention of the residential areas. In fact, despite the presence of personnel on duty, patrol personnel, and even increased technical precautions, theft incidents still cannot be eliminated.

Article 36 of the Property Management 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. Therefore, whether the property company is liable for compensation for the theft of the owner's home should be analyzed according to the specific agreement in the property management service contract signed between the owner and the property company. When the property of the owner's home is stolen and the property management company refuses to bear the liability for compensation, if there is evidence that the property management company has obvious dereliction of duty, and there is a certain causal relationship between this dereliction of duty and the theft of the property of the owner's home, for example, the property management company can prove that the security guards have not left their posts, the monitoring system is fully functional, and suspicious personnel are questioned. If it cannot be proved, the property management company should bear certain liability for compensation.

(The above answers were published on 2015-11-06. Please refer to the actual purchase policy. )

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