Operation order of property management market

First, establish the basis of property management market order.

To maintain the operation order of the property management market, we must first clarify two basic points: one is the ownership of property rights, and the other is the principal-agent relationship of property management. These two problems are the relationship between consumers and the main operators of the property management market. It is precisely because of this relationship that the property management market exists. Only by clarifying and rationalizing this relationship can the property management market operate in an orderly manner.

(A) the definition and ownership of property rights

1. Private property rights

For the "owner" of real estate, he owns the ownership of the house, including owning, using and enjoying the real estate under his name and all rental income, as well as selling, transferring, leasing or allowing others to use it freely without interference from others.

2. Collective property rights

As the name implies, collective property right means that many people jointly own a certain resource. How to use this shared resource must be decided by the collective. For example, the sports ground in the community is shared by all owners, but this does not mean that every owner can use it at will. How to use this sports ground must be decided collectively by the owners' committee composed of all owners. Similarly, how to maintain the collectively owned property also needs the collective decision of the owners' committee.

3. Differentiated ownership of buildings

Theoretically, private property rights and collective property rights are relatively easy to distinguish. However, in the actual operation of property management, if it is shared by several owners, it is quite difficult to define the property rights of a single building. The legal circle defines the situation that many people own the same building as the condominium ownership.

The condominium ownership refers to that when multiple condominium owners own one condominium ownership, each condominium owner enjoys exclusive ownership of the exclusive part of the building and shares power with other parts of the building, as well as the membership rights among condominium owners due to the * * * identity relationship.

(B) the principal-agent relationship of property management

Generally speaking, owners can take care of their own property. However, with the development of building technology, the complexity of property is getting higher and higher, and the owners themselves are unable to manage their own property on a large scale and in many aspects. This makes owners begin to look for specialized agents to carry out property management activities that they are unable or unwilling to carry out. The principal-agent relationship of property management arises from this.

In the principal-agent relationship, the subjects are the agent, the principal and the counterpart. Without relative agency, there is no agency relationship. In the practice of property management, the agent is the property management company, and the client is the owner or the owners' committee. There are two kinds of counterparts: one is related professional companies, such as housing maintenance companies, equipment maintenance companies, greening companies, cleaning companies and so on. Property management companies sign various contracts with various professional companies to meet the needs of clients. The second is to disperse the owners (relative to the owners' committee) and tenants (relative to the property owners). On behalf of the owners' committee or property owners, property management companies sign housing use contracts or public contracts with scattered owners or lessees to regulate their property use behavior.

Property owners and managers are a kind of principal-agent relationship. In order to ensure the normal use of their property, owners hire agents in the property management market and entrust their property management rights to agents. When the property management company obtains the management right of the property through the entrustment contract, the principal-agent relationship between the property owner and the manager is established.

Second, the main content of the property management market order

In order to establish a good property management market order, we must establish a comprehensive market law. Although these market rules are subjective, they are effective constraints to maintain the order of the property management market. At the same time, the content and requirements it reflects also reflect the requirements of the objective laws of the property management market.

Market access order

Property management enterprises that enter the property management market for business activities need to have certain conditions. Without certain qualifications, they cannot participate in market business activities, which will inevitably lead to market chaos. Therefore, only by standardizing property management enterprises under certain conditions can we ensure that all enterprises enter the market in an orderly manner and withdraw from the market in an orderly manner.

1. Market entry order

(1) It is a prerequisite to ensure the order of the property management market to examine the qualifications of operators who participate in the property management market activities. Starting from the needs of market economy, operators of property management services must participate in the competition in the property management market. Their distinctive features are self-management, self-financing and independent legal personality. Regardless of the nature and form of ownership, regardless of the size of enterprises, they can equally enter the property management market for business activities.

(2) register the enterprises participating in the property management market activities, accept the registration management of the administrative department for industry and commerce, and clarify the enterprise name, business nature and business scope.

(3) Standardize the business objects and business methods entering the property management market. The business object of property management market is property management service, specifically, it is to standardize the quality level of property management service; The mode of operation must be the principal-agent system, which is decided by the owners' committee to entrust the property management company with management, and no other individual or group can impose it on the owners.

2. Quit the market order

(1) If a property management enterprise withdraws from the market on its own due to bankruptcy, it shall pay off its debts in accordance with regulations, and determine the way and time limit for paying off its debts. The property of the debtor (enterprise) with repayment ability shall be liquidated in an orderly and fair manner without compensation, so as to ensure the equal competition order in the market.

(two) in violation of relevant laws and regulations, forced to suspend business. For property management enterprises that violate national policies, laws and decrees, their business licenses shall be revoked and they shall be ordered to withdraw from the property management market; The illegal operation and poor quality of property management enterprises should be corrected within a time limit to ensure the normal order of the property management market.

(2) Market competition order

Competition in the property management market is inevitable. There must be relatively perfect laws and regulations to protect competition, restrain unreasonable behaviors in competition, and establish fair and unified competition rules.

1. Independent management

Property management enterprises should have autonomy and independent interests when entering the market competition, and unnecessary administrative intervention is not allowed.

2. Interest comes first

Encourage property management enterprises that survive the fittest in the competition, advocate pioneering and strive for the best benefits; Property management companies that lose money in competition should be eliminated by the laws of market economy.

3. Justice and equality

Provide equal competition opportunities for property management enterprises. Property management operators with different forms of ownership and different economic sectors enjoy equal competition rights and opportunities in the market. The state has issued relevant policies, requiring that the property management of newly developed commercial residential quarters with an area of 6.5438+10,000 square meters must be conducted by public bidding. This is a powerful measure to create equal opportunities.

(3) Market transaction order

The transaction order of the property management market is mainly to stipulate the trading behavior of market participants and act according to the norms in market trading activities.

1. Open

In order to open the trading behavior and improve the transparency of the property management market, there must be legal contracts and contracts, and at the same time, information should be disclosed in time. The disclosure of information in the property management market is conducive to direct contact between actual consumers and operators, reducing transaction costs and curbing artificial price increases.

2. Currency casting

In the property management market, the object of exchange is service. Therefore, in the transaction, it can only be a currency exchange method, but not other barter trade methods. The property management market will inevitably realize the monetization of the transaction process.

Step 3 bill

Transactions in the property management market must have legal written basis, and the credit of transactions must be settled through commercial vouchers. Doing so, on the one hand, is conducive to the supervision and management of property management enterprises and provides an important basis for taxation and auditing; On the other hand, the legalization of commercial credit is also helpful to solve the problems of arrears and capital occupation between enterprises.

4. Normalization and legalization

On the basis of openness, we should gradually establish and legalize the corresponding trading rules in the property management market, so as to eliminate the confusion and deception in the trading process and ensure the legitimate rights and interests of consumers and operators.

Third, strengthen management and maintain market order.

Strengthening the management of the property management market is the central link to maintain the normal market order. The management of the property management market mainly consists of three types of market management institutions: first, the market management institutions established by the state, including government functional departments (such as the Construction Committee and the Housing Authority), relevant institutions of the political and legal system, and statistical, auditing, finance, taxation, industry and commerce, banking, price management institutions; Second, the technical management institutions of property management services, including measurement, testing, quality management, health, environmental protection and other management institutions; Third, mass management supervision institutions, including consumer associations, property management associations and other non-governmental organizations. The management system of the property management market is the combination of national management supervision and mass management supervision, and it is the organic unity of various organizations and means.

(A) Government's management of the property management market

The government conducts macro-management of the property management market through laws and regulations, creating a good market environment with laws to follow and rules to follow.

The government's management of the property management market is reflected in the following aspects:

(1) Formulate property management policies and regulations. This is the basic condition and environment for the standardized operation of the property management market and the guarantee for the healthy and orderly development of the property management market. The formulation of property management policies and regulations makes diversified property rights management have evidence to follow; The rights and obligations of the owners and the property management company are clearly defined, the use and management of the property are restricted, and the pricing procedures, charging items, charging standards and charging methods of the property management fee are stipulated to protect the interests of both parties.

(2) Qualification management of property management operators. The government manages the qualifications of institutions and personnel engaged in property management to ensure the service quality of the property management industry. Qualification management includes the qualification examination and audit, registration and annual inspection of property management companies, as well as the grade evaluation of property management companies and the qualification evaluation of employees.

(three) the development of property management service standards, to carry out property management quality evaluation.

(4) to guide the work of the property management company, and to guide and help the work of the owners' committee.

(5) Coordinate and solve various situations and problems in the operation of the property management market.

(B) the management of the property management market by industry associations

Property management industry association is an industrial social group formed by property management enterprises voluntarily according to law, which plays the role of coordination, cooperation, supervision and management in the industry through various beneficial activities. Specifically reflected in:

(1) Under the leadership of the government administrative department, publicize the government's policies and regulations on the property management industry, and assist in formulating industry ethics, self-discipline standards and management norms.

(two) to assist the competent government departments to assess the qualification grade of property management enterprises.

(3) Carry out property management investigation and study to solve new situations and problems in the industry.

(4) Collect, collate and provide market information of property management, organize academic and experience exchange in the industry, and train property management personnel.

(5) Assist in solving the contradiction between the property management company and the owners.

(C) self-management of property management companies

The self-management of property management enterprises is a kind of self-discipline behavior and a very important link to ensure the orderly operation of the property management market. Only property management enterprises consciously regulate their own market enterprise behavior is the fundamental and effective way. The self-management of property management enterprises includes:

(1) operate according to law. In market competition and business services, we should strictly abide by the rules and regulations, regulate and restrain the business activities of enterprises in accordance with the laws and regulations of the state and industry, consciously abide by market rules, participate and compete fairly, purify the market air and maintain market order.

(2) Clear market positioning. According to the enterprise's own scale and ability, establish the market positioning of the enterprise and form its own unique business scope. For example, management expertise is office buildings or residential quarters, industrial areas or comprehensive commercial buildings, so as to carry out business activities in the property management market with goals and directions.

(3) Formulate and improve management rules, employee codes and other management systems to make business activities orderly, institutionalized and standardized.

(4) Staff training. Regularly train managers, establish a correct business service concept, and master scientific and standardized market operation methods.

(four) the supervision and management of public opinion in the property management market

Public opinion can play an important role in the property management market. Make full use of the unique role of public opinion to effectively supervise the property management market. Public opinion mainly includes news media and owners' opinions. The main contents include: (1) publicizing the laws and regulations related to property management, spreading and popularizing the basic knowledge of property management, deepening the understanding of property management enterprises, owners and users, and maintaining the market order of property management.

(2) Commend the advanced and carry forward the righteousness. Through public opinion propaganda, we will vigorously commend the advanced and establish a good market operation style.

(3) objectively reflect the problems worthy of social attention in the property management market, accelerate and promote the research and solution of these problems and related aspects, criticize and expose ugly phenomena, purify the market atmosphere, and make the property management market develop healthily.