Relationship between property management enterprises or other managers and owners

When the owners fail to pay or pay the property fees and heating fees in time, some property companies use this as an excuse to cut off power, water and heating, which makes the whole community inconvenient to use. Such a solution has seriously violated the legitimate rights and interests of the owners. In this regard, the Property Law clarifies "the relationship between property service enterprises or other managers and owners".

The relationship between property and owner.

According to Article 8 1 of the Property Law, the owner can choose a property management enterprise or other managers to manage the buildings and their ancillary facilities within the building division. After hiring a property management enterprise or other manager, the owner shall sign a property management contract and entrust the management right of the building and its ancillary facilities to the selected property management enterprise or other manager. Therefore, the problem between the owner and the property management enterprise or other managers is a contractual relationship.

Property management enterprises or other managers shall provide corresponding services to the owners in accordance with the contract. 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. When a property management enterprise undertakes the property, it shall go through the formalities of property acceptance with the owners' committee. A property management enterprise may entrust the special service business within the property management area to a professional service enterprise, but may not entrust all the property management within the area to others. Property management companies can provide services beyond those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties. Within 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. If the property management enterprise accepts the entrustment to collect the above fees, it shall not charge any additional fees such as handling fees to the owners. Property management enterprises shall stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use in the property management area, and report to the relevant administrative departments in a timely manner. Property management enterprises shall assist in the safety work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

Whether the property management conforms to the contract involves the normal and effective operation of buildings and their ancillary facilities within the building division, public security, environmental protection, sanitation, fire control and many other aspects within the building division, the vital interests of each owner and the harmony and stability of society. Therefore, in the process of performing the property service contract, the property management enterprise or other managers shall accept the supervision of the owners. The Measures for the Administration of New Urban Residential Districts stipulates that the obligations of property management companies are: (1) to perform property management contracts and operate according to law; (two) accept the supervision of the residential area management committee and residents; (three) accept the supervision and guidance of the real estate administrative department, the relevant administrative departments and the people's government where the residential area is located. The Regulations on Property Management stipulates that the owners' committee shall keep abreast of the opinions and suggestions of the owners and users of the property, and supervise and assist the property management enterprises to perform the property service contracts. Owners' supervision of property management enterprises or other managers can take the following different forms, such as criticizing and suggesting property management enterprises to perform contracts, inquiring about all kinds of archives related to property management formed by property management enterprises in performing contracts, and inquiring about the charges of property management enterprises. The owner's supervision over the property management enterprise is conducive to better providing services for the owner and fulfilling the obligations agreed in the contract.

(The above answers were published on 20 13-05- 10. Please refer to the current actual purchase policy. )

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