On-the-job internship case of property

In the residential area of a real estate development company, the property service enterprise undertakes the prophase property management. The owner began to move in in August 2003. In May 2005, the community held the first owners' meeting, elected the owners' committee, and selected the second property service enterprise according to the resolution of the owners' meeting. The owners' committee signed a property service contract with property service enterprise B, which took effect at 0: 00 on August 1 2005. The owners' committee shall notify the property service enterprise of Party A in writing to complete the property handover and acceptance procedures before August 1 2005. After receiving the written notice from the owners' committee, a property service enterprise arranged for the residential management service personnel to leave, but refused to hand over the corresponding property management information and cooperate with the property handover inspection on the grounds that some owners were in arrears with the property service fee.

On August 15, 2006, 20 owners on the top floor found that their rooms were leaking in rainy days, and jointly requested property service company B to repair them free of charge. The second property service company said that this was caused by poor management of the first property service company and should be repaired by the first property service company. After that, the second property service enterprise will no longer accept the owner's complaints on this issue.

question

1. Are the maintenance requirements put forward by the above 20 owners reasonable? Should the second property service company be responsible for free maintenance?

Answer: 1. It is reasonable for the owner to ask for maintenance.

2. Since the owner began to move in in August 2003, the roof waterproofing was still in the maintenance period of the maintenance development company by August 2006, and the development company has the responsibility to contact the construction unit for maintenance, and Party B's property as the property management party should play a coordinating role.

2. Is the practice of property service enterprise B appropriate? If you are the person in charge of the company, how to deal with the complaints of the owners?

A: Party B's practice is improper.

In this case, the obvious place is that the floor waterproof has no warranty period. If I am the person in charge of this company, I will use the agreed waterproof maintenance period, and 20 owners with watches will cooperate with the development company to complete the waterproof maintenance as soon as possible.

2. When will the preliminary property service contract of this community be terminated?

Answer: Article 26 of the State Council's "People's Republic of China (PRC) Property Management Regulations" can stipulate the term of the preliminary property service contract. However, if the property service contract signed by the owners' committee and the property management enterprise takes effect before the expiration of the term, the previous property service contract will be terminated. If the contract termination time agreed in the preliminary realty service contract is not full, and the owners' committee selects other realty management enterprises and signs the realty service contract, the deadline for the preliminary realty management is the starting time agreed in the realty service contract for selecting other realty management enterprises;

3. Is the reason why the realty service enterprise refuses to transfer established? Please provide a justification for the answer.

A: When the term of this contract expires and the property service contract signed between the owners' congress and the newly-selected property service enterprise comes into effect, this contract will automatically terminate, and Party A shall withdraw from the property on time and hand over the property service premises and all information related to the property service in time; Regarding the failure to recover the property fees, the property company can obtain the support of the court through litigation to recover the property fees.

4. In the case that A property service enterprise refuses to hand over the property management information and cooperates with the property handover inspection, how should B property service enterprise undertake the property inspection?

Answer: Party B shall perform its obligations and rights in accordance with the property service contract signed with the owners' committee.

5. What should I do if the year 2006 in the question is changed to 2009?

Case 3:

An owner bought a commercial house in the community four years ago, but never lived there. One day, the owner received a notice of water leakage from the property management company. Upon inspection, it was found that the joint of the water meter in the bathroom of the purchased commercial house was broken, which caused some property of the residents on the two floors downstairs to be damaged due to soaking. Both owners demanded compensation. The owner believes that he did not live in the purchased commercial house, and the rupture of the water pipe was not caused by his own people. It's caused by the aging and fracture of the water meter connector, and I shouldn't take full responsibility for the water leakage. The property company believes that after the owner buys a house, the loss caused by the leakage of the house should be borne by the owner.

Question:

1. Who should bear the losses caused to the downstairs owner because the upstairs owner has not checked in for a long time and the pipes at home are aging and broken?

1. If the indoor pipeline is in the maintenance period, the original pipeline construction unit shall be responsible for compensating the loss of the owner downstairs;

2. The quality of the water meter joint pipeline can be identified. If the pipeline breaks due to quality problems, the responsibility of the development company can be investigated.

3. If the owner has repossessed the house but does not live in it, and has managed his indoor keys in the property and has a key storage agreement (including the inspection of housing facilities), the property is responsible for the indoor.

4. After the owner purchases the house, the occupancy notice issued by the development company shall prevail. Although the owner has not gone through the formalities of closing the house, it is deemed that the owner has closed the house, and the indoor pipeline has passed the maintenance period, and the property management house has not been entrusted, thus causing losses downstairs, and the upstairs owner shall bear the losses downstairs.

2. In case of emergency, can the property management company enter the upstairs owner's home for necessary maintenance, so who should bear the losses caused to the upstairs owner?

1. Combined with the answer to the first question, if the responsibility lies with the development company, if the upstairs owner does not keep the key in the property management company, the property can first obtain the consent of the upstairs owner, and then break the door or enter the room to repair the pipeline in other ways, and the expenses incurred by the upstairs owner's indoor maintenance shall be borne by the development company; If the responsibility lies with the property management company, the expenses incurred shall be borne by the property management company; If there is no responsibility of the development company and the property management company, the losses caused upstairs shall be borne by the owner.