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Specific analysis of the detailed rules for the implementation of property management regulations
Detailed Analysis of the Detailed Rules for the Implementation of Property Management Regulations
1. Why should the Property Management Regulations (hereinafter referred to as the Regulations) be formulated?
Answer: In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property management enterprises, and improve the living and working environment of the people (Article 1).
2. What is property management?
A: The term "property management" as mentioned in the Regulations refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas (Article 2).
3. What are the rights and obligations of the owners in property management activities?
Answer: In view of the unclear rights and obligations of the owners in practice, the regulations stipulate that the owners shall enjoy 10 rights in property management activities:
(1) Accept the services provided by the property management enterprise according to the stipulations of the property service contract;
(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;
(three) put forward suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress;
(four) to participate in the owners' meeting and exercise the right to vote;
(five) to elect members of the owners' committee and enjoy the right to be elected;
(six) to supervise the work of the owners' committee;
(seven) to supervise the property management enterprises to perform the property service contract;
(8) Have the right to know and supervise the use of * * * parts, * * facilities and related sites of the property;
(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment;
(10) Other rights stipulated by laws and regulations.
At the same time, it is stipulated that owners must fulfill six obligations in property management activities:
(1) Abide by the owners' convention and the rules of procedure of the owners' congress;
(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;
(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;
(four) in accordance with the relevant provisions of the state to pay special maintenance funds;
(5) Pay the property service fee on time;
(6) Other obligations stipulated by laws and regulations (Article 6).
4. How to determine the voting rights of the owners at the owners' meeting?
A: The determination of the voting rights of the owners at the owners' meeting shall be carried out in accordance with the rules of procedure of the owners' meeting. However, when the first owners' meeting was held, as the rules of procedure for the owners' meeting were not yet formulated, the Regulations stipulated that the voting rights of the owners at the first owners' meeting were determined according to factors such as the construction area of the property owned by the owners and the number of apartments, and the specific measures were formulated by provinces, autonomous regions and municipalities directly under the Central Government (Articles 10 and 18).
Second, the concept and significance of property management
Property management refers to providing three kinds of services such as the use and maintenance of buildings and environment, life and business support, and asset management. Property refers to an entity with a certain physical scale and owners, which is equivalent to "real estate". Emphasis is placed on integration, management, planning and specialty, and on the interaction between people and things.
And the coordination between people and the property environment. At the same time, property management facilities should be effectively supervised and controlled to maintain normal operation and provide users with a high-quality construction environment. Property management usually includes two major contents: daily management and special services.
Daily management is economic management and service, including the following contents: daily maintenance, cleaning and greening, security, fire fighting, daily maintenance, collection of various fees, custody and use of management funds, coordination of social relations in all aspects, and handling of interpersonal relations within the property.
Special service refers to providing various special services according to the needs of owners and households, usually paid. For example, delivering milk to newspapers, taking care of the elderly, patients and children, booking tickets, purchasing, home delivery and so on.
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