Job Recruitment Website - Property management - Before the sale of the house, the developer shall select and employ the prophase realty service enterprise. After the owner has lived for several years, does the developer still have the right to hire
Before the sale of the house, the developer shall select and employ the prophase realty service enterprise. After the owner has lived for several years, does the developer still have the right to hire
Is it a street office and a community neighborhood Committee? It is out of the question. Because you should know that the parties who sign the property service contract must be the main body of civil legal relationship, that is, people or companies in the general sense. The neighborhood office you mentioned is a grass-roots government organization, and the community neighborhood committee is a grass-roots autonomous organization. Neither of them is a civil subject in the legal sense, so it is impossible to sign a contract.
Ok, now I will answer your question directly.
According to the property management regulations, the construction unit has four obligations related to the problems you mentioned, that is, four things that developers must do.
1. Select the prophase realty service enterprise and pay the maintenance fund according to the regulations. Before the specific house is sold, it will also bear the property management fee of the house until the second month after the house is sold.
2. During the warranty period, guarantee the quality of the house and bear the maintenance cost.
3. During the warranty period, because the owners' meeting has not been established, the maintenance fund account supervised by the bank cannot be officially opened for use, so the construction unit should also bear the maintenance costs.
4. When the conditions stipulated by laws and regulations are met, that is to say, the developer has sold more than 50% of the houses in the whole community, or the first house has been sold for more than 2 years, the developer should report to the housing management department, apply for the establishment of the owners' meeting, and start the procedure of establishing the industry committee.
Of course, it should be added that the above four contents are based on the relevant laws and regulations of Shanghai. If you are not in Shanghai, it may change slightly according to your local laws and regulations. But on the whole, these four points are not wrong. You can consult your local laws and regulations, and consult your local people who are familiar with property management, preferably legal persons. You can also ask me, I know it through Baidu ~
I hope I can help you ~
Finally, add one more point: you mentioned that there are two properties in a certain community. I guess it's because your community is built and developed in two phases, so you need to hire a property service enterprise in the first phase, and then hire a property service enterprise after the second phase. This situation is indeed widespread, and laws and regulations vary from place to place. Let me take Shanghai as an example to analyze-
The problem you mentioned involves the concept of "property division", that is to say, how to calculate one community and how to calculate two communities. The division of property areas is definitely the responsibility of government departments. Of course, it will not be arbitrarily divided, and there will be a basis. Provinces and cities will formulate their own basis in this regard and how to divide property areas. The residential areas developed by stages are sometimes divided into one and sometimes into more than two, and the same is true in Shanghai. The reasons are as follows: whether it is obviously divided or separated by municipal roads, rivers, parks, etc. If it is separated, it is a number of residential areas, if it is not separated, it is a residential area; Is it common to share a set of facilities and equipment? If the community developed by stages uses a set of public water pump room, power distribution room, etc. And all the facilities are together, it must be a community. If they are separated, you can hire two property service companies, which belong to two communities. This provision can be seen in the new edition of the Regulations of Shanghai Municipality on Residential Property Management.
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