When dealing with the property, we must understand the property management and the rights and obligations of the owners.

Living in a new house inevitably has to deal with real estate. Do you know all the laws of China? Do you understand the respective rights and obligations of the owner and the property management? As for the property management company, all the activities of the company should be based on legal provisions, and a contract should be signed with the property management company. Both parties should abide by it and clarify their respective rights and obligations.

Rights and obligations of owners

The owner is the owner of the house. The owner's rights include the right to own and use the house and enjoy all the rental income of the house. Have the right to sell, transfer and lease their own property freely, without interference from others and protected by law; Have the right to use public places and elevators and other public facilities in the building; Have the right to vote on the convention of this residential building and this residential area; Have the right to supervise and manage the work of the company and its personnel according to the terms of the contract. The owner's obligation is to pay management fees and other expenses to be apportioned as well as taxes and fees stipulated by the state in accordance with the contract; A collective agreement should be signed.

Rights and obligations of property management companies

(1) The rights of a property management company mainly include:

Have the right to formulate residential property management measures in accordance with relevant laws and regulations and in light of actual conditions. The residential area management measures formulated by property management companies can be comprehensive rules and regulations, or they can formulate special rules for different aspects, such as health conventions and public security conventions. The rules and regulations formulated by the property management company are important measures for community management services, and the rules and regulations can only take effect after being approved by the community owners' assembly or owners' committee. These rules and regulations do not belong to government actions, have no universal effect, and are only binding within the scope of community residents, and their nature belongs to group self-discipline regulations.

According to the property management contract and management measures, it is not only the exercise of rights, but also the performance of obligations.

Have the right to stop violations of rules and regulations.

Have the right to ask the owners' committee for assistance. As the representatives of owners and users of houses, the owners' committee has the responsibility to assist the property management company to do a good job. For major events or individual problems that are difficult to solve in community management, the property management company can inform the owners' committee of the situation, and has the right to ask the owners' committee to coordinate and solve them according to the rules and regulations, and the owners' committee shall give support and assistance.

Have the right to choose a franchise company to undertake special management business. Property management is a multi-faceted management and service, and it is impossible for a property management company to have all aspects of management capabilities. Therefore, according to the needs of project management, some special businesses must be entrusted to other franchisees. For example, the special work such as street cleaning, garbage cleaning, dung well digging and so on will be subcontracted to cleaning companies and other units and personnel, and security companies will be hired to undertake community security management.

Diversified management can be implemented to supplement the management funds of the community with its income.

In addition to enjoying the above rights, the property management company shall also undertake the following obligations:

Fulfill the property management contract and operate according to law.

Accept the supervision of the management Committee and community residents.

Major management measures shall be submitted to the owners' committee for deliberation and approved by the owners' committee.

Accept the supervision and guidance of real estate administrative departments, relevant administrative departments and people's governments where residential areas are located.

According to the principle of reciprocity of rights and obligations, the rights enjoyed by the property management company as one party to the contract are the obligations of the other party (the owner), and its obligations are the rights enjoyed by the other party.

(The above answers were published on 2015-12-19. Please refer to the actual situation for the current purchase policy. )

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