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What is the relationship between the owner and the property service enterprise?

Legal subjectivity:

First, the relationship between the realty service enterprise or other managers and the owners

1. Strengthen the publicity for employees and owners. Many people still have misunderstandings about property management: some people think that the relationship between property companies and owners is the relationship between managers and managed people; Others think that the relationship between owners and property management companies is the relationship between "master" and "servant". These misunderstandings make it difficult to carry out property management.

In fact, property management companies are entrusted to manage properties, mainly to provide services for owners and users. Once the property management service contract is signed, both parties have an equal contractual relationship, and should enjoy rights and perform obligations in accordance with the contract and relevant laws, without distinction between primary and secondary.

Therefore, when dealing with the relationship between the property company and the owner, we should pay attention to the fact that both parties are equal civil subjects, distinguish the responsibilities and rights of both parties with relevant laws and regulations and various contractual relationships as the basic criteria, adopt a realistic attitude, and fully adopt a humanized and flexible way to deal with specific problems.

2. Find the right position and make it clear that property management personnel belong to social service personnel. Although sometimes property managers need to perform management duties, service is the fundamental attribute of property management. Therefore, it is necessary to handle the relationship between the property company and the owner.

First of all, we should treat each other with sincerity and close the distance with the owners with good service attitude. It is necessary to gain the understanding and trust of the owner through communication, influence the owner in a subtle way, and let the owner fully feel your goodwill and sincerity.

Secondly, we should have a positive attitude and never give up. In practical work, property managers are bound to encounter troubles, and even individual owners' unreasonable demands, feeling wronged and embarrassed and backing out, often do not help. It is better to face it with a positive attitude and finally find a solution to the problem.

Third, we must fully understand and be highly responsible. Due to the differences in culture and knowledge, the owners may not understand the property management regulations or services, put forward some improper requirements, and even argue irrationally and use harsh words. As a property manager, no matter whether the problems reflected by the owners are right or wrong, big or small, they should be handled with a highly responsible attitude.

Second, the property enterprise services

Property service enterprises refer to economic entities established according to law, with special qualifications and independent legal personality, and engaged in property management-related activities in accordance with property service contracts. The qualification grades of property service enterprises are divided into one, two and three levels.

1. The competent construction department of the State Council is responsible for the issuance and management of the qualification certificate of the first-class property service enterprise.

2. The competent construction departments of the people's governments of provinces and autonomous regions are responsible for the issuance and management of the qualification certificates of secondary property service enterprises, and the competent real estate departments of the people's governments of municipalities directly under the Central Government are responsible for the issuance and management of the qualification certificates of secondary and tertiary property service enterprises.

3. The real estate administrative department of the Municipal People's Government with districts is responsible for the issuance and management of the qualification certificate of the three-level property service enterprise.

Third, the service right of property enterprises.

1. Manage the property according to the property service contract and management system;

2. Collect the property service fee according to the provisions of the property service contract;

3. The special service business in the property management area can be entrusted to professional service enterprises, but all property management in the area shall not be entrusted to others;

4. Other rights stipulated in laws and regulations and the realty service contract.

Legal objectivity:

Article 278 of the Civil Code of People's Republic of China (PRC) * * * The following matters shall be decided by the owners: (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.