Job Recruitment Website - Property management - There are many laws involved in property management.

There are many laws involved in property management.

Legal subjectivity:

Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes: If the owners' committee or the owners request to confirm that the contract or the relevant provisions of the contract are invalid, the people's court shall support it: (1) the entrustment contract signed by the property service enterprise to entrust all the property service businesses in the property service area to others; (2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners. The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract. Article 2 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract. Article 3 The people's court shall support the owners who violate the realty service contract or the laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction. Article 4 If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the scope of charges, raises the charging standards or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charges, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them. Article 5 If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise to request the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Article 6 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it. Article 7 After the owners' congress has made a decision to dismiss the realty service enterprise in accordance with the procedures stipulated in the Civil Code, the people's court shall support the owners' committee's request to terminate the realty service contract. Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim property fees from the owners who are in arrears. Eighth after the termination of the rights and obligations of the property service contract, the people's court shall support the owners' request to the property service enterprises to refund the property fees that have been received in advance but have not yet provided property services. Property service enterprises require owners to pay overdue property fees, which shall be handled in accordance with the provisions of Article 6 of this Interpretation. The planned public buildings and facilities in the property management area are necessary to meet the normal production and living needs of the owners. Therefore, no matter the owners' meeting, owners' committee, owners or property service enterprises, they are not allowed to change the use of public buildings and facilities built according to the plan in the property management area without authorization. However, due to the unreasonable original planning and design or actual needs, there is an objective need to change public buildings and facilities. In order to ensure the orderly progress of urban planning and prevent infringement of public interests, if it is really necessary to change the use of public buildings and facilities, it must follow legal procedures and apply to the planning department before implementation. According to the different contents or responsibilities of maintenance and renewal, the cost of property maintenance and renewal shall be borne in accordance with the following provisions: (1) The cost of maintenance and renewal of residential self-use parts and equipment shall be borne by the owner; (two) the maintenance and renewal costs of the * * * parts of the house and the * * * same equipment shall be borne by the owners of the whole house in proportion to their respective living areas; In accordance with the "Regulations on the Administration of Residential Property in this Municipality", a property maintenance fund shall be established and charged to the property maintenance fund; (3) The cost of maintenance and renewal of public facilities shall be borne by all owners in the property management area according to the proportion of their living construction area; In accordance with the "Regulations on the Administration of Residential Property in this Municipality", a property maintenance fund shall be established and charged to the property maintenance fund; * * * residential parts, * * equipment and public * * * facilities are artificially damaged, and the maintenance and updating costs shall be borne by the responsible person. When the property is seriously damaged, affecting the safety of the owners and users, the district and county real estate management departments shall urge the maintenance within a time limit. When the property maintenance fund is insufficient, the owners shall pay the property maintenance fund according to the decision of the owners' committee and the proportion of the residential construction area they own. The cost of maintenance and renewal of public houses and public facilities sold shall be implemented in accordance with the provisions of the Municipal People's Government. The adjacent owners and users shall cooperate with each other in the maintenance of the * * * parts of the house and the * * equipment. If an adjacent owner or user obstructs maintenance and causes property losses to other owners or users, the responsible person shall be responsible for compensation. The responsible person shall be responsible for repairing or compensating for the damage to the occupied parts, equipment or other property of neighboring owners and users caused by property maintenance and decoration. According to Article 49 of the Regulations on Property Management, public buildings and facilities built according to the plan within the property management area shall not be changed. If the owner really needs to change the use of public buildings and facilities according to law, he shall inform the property service enterprise after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.

Legal objectivity:

property management regulations

first

These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.

property management regulations

second

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area.