Overview of commercial real estate companies

Abstract: With the gradual deepening of urban housing system reform and real estate management system reform, property management has increasingly become one of the focuses of attention of people from all walks of life and ordinary people. Property management is the continuation of the real estate industry in the field of consumption. The introduction and implementation of the monetization scheme of housing distribution in various places and the acceleration of the sale of public houses mean that the coverage of property management is further increased, and more families and individuals will be inseparable from property management. Property management is still a new industry in China. How to do a good job in property management of residential quarters is not only an important part of urban management, but also an important link for the healthy development of real estate industry and deepening the reform of housing system. This paper first briefly introduces the related concepts of property management, then points out the present situation and existing problems of China's property management industry, and finally puts forward some countermeasures to solve these problems.

Keywords: property management status, problems, countermeasures

I. Overview of Property Management

(A) the meaning of property management

Property management in a broad sense includes property management laws and regulations, service activities of property companies, real estate development, leasing, sales and after-sales service. In a narrow sense, property management means that a specialized property management enterprise is entrusted by the property owner (that is, the owner) or his lessee to professionally maintain and manage the house and its related facilities, living environment and safety in the form of commercial operation, so as to provide efficient, high-quality and economical services for the property owner and lessee, and make the property play its maximum economic value and use value. The service activities of property management companies include building maintenance, management and protection of related electromechanical equipment and public facilities, security, cleaning and greening. What we usually call property management refers to property management in a narrow sense, that is, the service activities of property companies, which emphasize service. It has the following characteristics:

1. The object of property management is complete property, which refers to the property that has been completed, accepted, put into use or is about to be put into use. Its management scale and type can be a unit or suite, or a large property with thousands of units.

2. The object of property management services is people, that is, property users, including owners, roommates, tenants and other people who actually use the property.

3. The property management company and the owner have an employment relationship. The owner is the employer and the property management company is the employee.

4. The core content of property management is "service". Property management companies must try their best to provide quality services for owners and create a clean, civilized, safe and comfortable living and working environment.

5. The service of the property management company can improve the use function of the property, prolong its service life, improve the property environment, and play a role in maintaining and increasing the value of the property.

6. Property management is an enterprise, socialization, specialization and market-oriented service. Property companies should not only provide quality services for owners, but also maximize profits. Therefore, property management companies must strive to coordinate the relationship with owners, tenants, owners' committees, government departments and other subjects, realize the unity of social benefits, economic benefits and environmental benefits, and promote the healthy development of enterprise management.

(B) the main content of property management

The property management industry belongs to the service industry in the tertiary industry. Although the service content and scope are extensive, and the property types and use properties are different, the basic content of property management is the same. Socialized, professional and market-oriented property management is essentially a comprehensive service of operation, which integrates management, service and operation, and the three are interrelated and mutually promoted. Property management can be divided into three categories according to the nature of services and the ways of providing services: conventional public services, targeted special services and entrusted special services.

1. General public service. It is the basic work of property management and the most basic management and service provided by property companies for all owners. It mainly includes eight contents: (1) management of the main building; (2) the management of housing equipment and facilities; (3) Environmental sanitation management; (4) Greening management; (5) safety management; (6) fire management; C7) Vehicle road management; (8) Services of public institutions.

2. Targeted special services. It is a variety of services provided by property management enterprises to improve and improve the working and living conditions of owners and meet the needs of some households, groups and units. The contents of featured services mainly include five categories: (1) daily life; (2) Commercial services; (3) Culture, education, health and sports; (4) financial services; (5) Brokerage agency service. For example, while providing public services, property management companies carry out various business services such as decoration, beauty salon, catering and non-staple food in the residential areas they are responsible for.

3. Entrust special services. It is a service entrusted by the owner to meet the individual needs of the owner. Usually, it means that there is no requirement in the property management entrustment contract and no property management enterprise has been established in the special service, but the owners and users have put forward the demand in this respect. At this time, property management companies should try their best to meet their needs and provide special services when possible. Such as caring for elderly patients in the community, sending children to and from school, taking care of disabled people going up and down stairs, purchasing daily necessities for owners, etc.

Among the above three kinds of services, the first kind is the most basic work, so we must do it well. At the same time, according to their own capabilities and the needs of the owners, determine the specific service items and contents in the second and third categories, adopt flexible and diverse operating mechanisms and service methods, and continuously expand the breadth and depth of services.

Second, the status quo of China's property management

Property management has a history of 100 years in the world. Since the establishment of the first property management company in 198 1 Shenzhen, property management has played a positive role in improving the quality of people's living and working environment and promoting the process of urbanization. At present, China's property management is developing rapidly, and there are many kinds of property management, involving various fields, about 1 1, including multi-storey houses, high-rise houses, office buildings, industrial zones, government agencies, hospitals, schools, stations, docks, hotels, shopping malls, commercial streets, rural houses and so on. At the same time, however, there are still some shortcomings in China's property management, such as low coverage rate and large gap between regions. Compared with developed countries in property management, the coverage rate of property management in China is still low due to the understanding of property management, the degree of market economy development, the level of regional economic development and the income level of residents. Judging from the development practice of property management in China, the south, economically developed areas, coastal cities and big cities started early and developed rapidly; The north, underdeveloped areas, inland cities and small and medium-sized cities are all slowly advancing. Property management has just started in China, and has not yet formed a modern property management theory suitable for China's national conditions. Many property management companies come from the housing management office. The common problem of property management is that people and property managers don't have a deep understanding of this industry, so these companies still have the idea of housing management in the past and don't realize the importance of modern property management. Property managers really regard themselves as "managers", and the real meaning of property management should be property.

Third, China's property management problems

(a) developers, property companies forced the owners to accept the property contract

At present, the prevailing practice is that developers set up or entrust property companies in the pre-sale of real estate, and sign the Property Management Entrustment Contract with them. In the actual sales process, on the grounds that every community must have property management, buyers are required to sign commercial housing sales contracts with developers, and at the same time sign the convention of owners' congress and the property management contract formulated by developers and property companies, and accept their legal binding force. Developers take the initiative to contract property management, of course, there are considerations to promote the sale of commercial housing, but it is more important to obtain the benefits of property management after the sale of commercial housing. When the owner is dissatisfied with the service of the property management company and requests to terminate the contract, the property management company often refuses to terminate the contract on the grounds that the contract has not expired or the owner and the owners' committee are not the signatories of the contract.

(B) the developers left many disputes to the property company.

At present, most property companies in China are born out of real estate development companies-property companies established or entrusted by developers themselves. The relationship is "father and son", which not only deprives owners and owners' committees of the right to choose property companies and the freedom of contract from the beginning, but also leaves hidden dangers for property companies to deal with the relationship with owners. Before accepting the entrustment, the property management company shall conduct a comprehensive and detailed acceptance of the houses and public facilities. , clarify the relationship, distinguish responsibility. However, for the sake of vested interests, property companies dare not talk about conditions with developers, let alone draw a clear line with developers. From the beginning, they became the "big head" of developers.

(3) The service quality of the property management company is poor and the fees are unreasonable.

As the property management market has not yet developed well, a considerable number of property management enterprises have been transformed from the original housing management department or the logistics management department of the unit, and the service and service relationship with the owners has not been established. The operation is extremely irregular and the service consciousness is not strong, and the service characteristics of property management have been diluted. Some property management companies, excessively pursuing profits, do not provide corresponding services according to the contract, and the fees are inconsistent with the services. At present, the country lacks corresponding laws and regulations to restrict it, and the country has not formulated a unified property charging standard, which leads to the great arbitrariness and autonomy of the behavior of property companies. The amount of property fees is completely determined by the property company, and the owners can only passively accept it. Some property companies charge more for various reasons in order to get more benefits.

Charges and arbitrary charges; In order to obtain more benefits, some property companies even unilaterally formulate a series of rules and regulations to restrain owners and force owners to manage by improper means such as deposits and fines. When the owner is a little disobedient, the property company threatens to cut off water and electricity, or even use force. It has become a common phenomenon that the service attitude of property companies is poor, the service is not standardized and timely, the price is set at will, the service is only charged without service, and the charges are arbitrarily charged, overcharged and forced. The environment of the community is messy, weeds grow vertically, the doorman of the community is useless, small traders and idle people come in and out at will, public order is chaotic, goods are often stolen, facilities are not in place, and heating is insufficient in winter, which arouses the strong dissatisfaction of the owners. In addition, it was asked by the developer.

The influence of the topic causes the contradiction between the owner and the property management company.

(4) The property management company disposes of the owners' rights and interests at will.

China's property management industry started late. Property companies are small in scale and lack of professionals. Most of the employees come from "restructuring, changing jobs, job hopping" and rural surplus labor. Their overall quality is low, and they generally lack theoretical knowledge and practical experience in property management. In addition, due to the influence of habitual thinking and traditional ideas, property companies can easily understand themselves as property "management" companies, and think that once they establish boundaries with management, they are law enforcers and defenders of order. Some property management companies arbitrarily dispose of matters that should be disposed of by owners, appearing as law enforcers and managers, arbitrarily disposing of owners' rights and interests, damaging owners' property and infringing on owners' rights and interests sometimes occur.

(five) the public facilities and their maintenance funds are unclear.

The management service entrusted by the owner should be based on clear property rights. However, in many residential quarters, the definition of public facilities, equipment, roads, venues and other property rights is not clear, and it is difficult to define responsibilities and rights. It is impossible to define the use and income attribution of these facilities and public parts, which brings difficulties to property management and charging.

(6) The industrial structure of property management enterprises is single.

As a new industry, China's property management is restricted by various factors during its growth, so it has not been fully promoted. The single subject of the industry limits the scope of services accepted by consumers, while the single object of the industry shuts out a wider range of consumer groups. The single industry makes China's property management enterprises generally lack stamina and can only live on property management fees, which not only restricts their own growth, but also restricts the possibility of improving their service level and carrying out all-round services.

Fourth, improve China's property management countermeasures

(A) the establishment of specialized government agencies to strengthen industry supervision.

It is suggested that the state set up specialized institutions or industry management associations in housing and property management. In addition to the related functions of housing management and urban development, this institution should also become the official management institution of the property management industry, and governments at all levels should also set up corresponding subordinate institutions. We should strengthen the supervision of the whole industry, restrain the behavior of property companies, formulate industry standards, protect the rights and interests of ordinary people, and give them a channel to complain and reflect problems.

The government can supervise the property management industry from two aspects: first, it plays a guiding and supervising role in property management. It is necessary to give guidance and guidance from a macro perspective, formulate policies and regulations that conform to the actual situation of property management, standardize enterprise behavior, and create a good market environment for the development of property management. Second, we should guide the property management industry to act according to market rules. Let market players and market leverage give full play to their roles.

(two) establish and improve the dispute resolution mechanism, reasonable settlement of disputes.

It is suggested to establish a three-level settlement mechanism of consultation, mediation and litigation. Consultation can be conducted by two or more parties on the basis of equality. If negotiation fails, mediation can be conducted according to law under the auspices of administrative organs. The administrative organ must introduce specific solutions within the prescribed time limit, and must not delay and shirk, let alone protect any party. Mediation should be conducted fairly and reasonably according to law. If mediation fails, or if they are dissatisfied with mediation, the parties may appeal to the higher authorities or bring a lawsuit directly to the people's court.

(3) Further introduce market mechanism and strengthen service awareness.

Rename the current popular property management company as "property service company" to strengthen service awareness and improve service level. The name and service direction of the property management enterprise should be clearly defined in the service industry through legislation, and the property management enterprise must contain the words "property service company". To further standardize the operation of property companies, it is necessary to strengthen supervision and investigate the legal responsibility of those property companies that only charge but do not provide services or charge more and provide less services.

Competition is the vitality of market economy. Only by completely changing the service attitude and improving the service quality and management level can the property management enterprises win the satisfaction of the owners. At the same time, participating in the international property management market competition is an inevitable trend of property management development. China is considered as the largest market in the world at present. After China joined WTO, with the opening of China market, large foreign real estate companies began to enter China market. It is not long before China's property management enterprises compete with foreign property management enterprises on the same stage. China's property management enterprises can only develop rapidly by assiduously practicing their internal skills, learning from foreign advanced management experience and improving service quality and level.

Abolish the public maintenance fund system and introduce the property insurance system.

The Ministry of Construction has clear regulations on the maintenance fund for * * * parts of houses and * * * facilities and equipment. The original intention was to use this reserve fund to deal with the major housing repairs in residential areas, but the reality is that most of them have not been put in place. It is suggested that the state cancel the public maintenance fund system and introduce the property insurance system. For large-scale housing renovation projects, insurance companies will undertake. Insurance premiums can be paid into the national account at the time of purchase, and residents can also pay the individual housing insurance fund account regularly. Once there is a large house decoration project, it can be drawn from the insurance account of * * * by the state, or it can be drawn from the insurance fund account by individuals to share the repair costs in a unified way.

(5) Take the road of diversified development and comprehensively enhance the overall strength of the enterprise.

Diversified industrial structure is the inevitable trend of property management development. It is suggested that property management enterprises should establish the concept of big property and establish diversified business model quickly through: (1); (2) Take the road of merger and reorganization; (3) Take the road of professional service. (4) Combine marginal industries and develop diversified services. (5) Take the road of collectivization development.

(six) to speed up the construction of property management discipline, accelerate the training of talents.

After China's entry into WTO, some developers and property companies with international reputation and economic strength will jointly enter the China market, which will definitely have a great impact on the property management market in China. China's property management should not only improve the service quality and enhance the strength of enterprises, but more importantly, accelerate the training of talents and cultivate a group of high-quality industry management talents as soon as possible. Accelerating the construction of property management discipline has become a top priority.