Ten main points and preventive measures of property management risk control

Ten main points and preventive measures of property management risk control

First, property management risks. Risks brought by the uncertainty of project takeover

Some property service enterprises have invested more manpower, material resources and financial resources without deciding to obtain the right to take over the project. However, due to various reasons, it was not selected by the construction unit in the end. The property service enterprise not only suffered the loss of people, money and materials, but also damaged the brand image of the enterprise.

2. Risks of professional service consulting

Early intervention involves a wide range, takes a long time, is highly technical and difficult. When the property service enterprises do not have enough personnel with considerable professional technical ability and property management experience to participate in the whole process, it is inevitable that it is difficult to find hidden dangers and problems in project planning, design and construction, and the professional opinions and suggestions provided by them may also be insufficient and biased. In addition, if there is no good communication and cooperation with the construction, construction and supervision units, the rationalization suggestions put forward by the previous intervention will not be taken seriously and adopted. The above two aspects may lead to certain risks in the management after the completion of the property.

Second, the risks in the contract.

1, contract term

According to Article 45 of the Contract Law? The parties may agree to attach conditions to the validity of the contract. A conditional contract is invalid when the conditions are met? . The academic service contract of preparatory physics is a contract with termination conditions. Article 26 of the Property Management Regulations stipulates? If the realty service contract signed by the owners' committee and the realty service enterprise comes into effect before the expiration of the term, the prophase realty service contract shall be terminated? . Therefore, the term of the previous property management contract is uncertain, and the property service enterprise may be dismissed by the owners' meeting at any time. Once the contract is terminated in advance, the long-term planning of the enterprise and various investments in property management projects will suffer losses. However, if the enterprise takes this factor into account, the planning and investment are not in place, which may lead to short-term business behavior, and also lead to contradictions and conflicts between owners, property users and property service enterprises.

2. Risk of entering into a contract

In the conclusion of the preliminary service contract, the property construction unit is in a dominant position. Moreover, the transfer of property-related information, the transfer of property management houses and commercial operation houses, and the payment of vacant house management fees all require the support and cooperation of property construction units. Therefore, the construction unit can transfer the risks that should not be borne by the realty service enterprise to the realty service enterprise when concluding the prophase realty service contract with the realty service enterprise. In addition, in order to obtain the right to operate the project, some property service enterprises depress the management fee when signing the contract, which affects the normal operation after the project is taken over; Or the relevant liability agreement is unclear, or the exemption clause is ignored, or even some promises that are difficult to achieve are made, leading to emergencies (theft of property at home, casualties, etc.). ) may be used by the owner as a reason to claim compensation from the property service enterprise.

3, the risk of contract execution

The preliminary realty service contract is a collective contract signed by the construction unit on behalf of all the owners and the realty service enterprise. Although this contract subscription behavior is the result of laws and regulations, due to the lack of corresponding laws and regulations or other reasons, there may be differences and non-implementation of subscription methods and some terms and contents of the previous property service contract, which may lead to disputes.

Third, the risks brought by illegal decoration of property.

Owners and property users who decorate illegally will not only cause damage to the parts of the property, potential safety hazards, neighborhood disputes, etc. , it also increases the operation, maintenance and maintenance costs of property management, and also makes property service enterprises bear certain responsibilities for property decoration management.

Fourth, the risks brought by the use of property.

In the daily use of the property, the owners and users of the property have improper behaviors and improper use (such as throwing objects at high altitude, changing the use function of the property, blocking fire exits, donating and destroying equipment, facilities and venues, etc. ). The responsible person is difficult to determine; Or the owner or user of the property because of the property? Defects or negligence of the parties? When an accident causes personal injury or property loss to others, the property service enterprise will bear certain legal liability risks.

The risk of unclear legal concept of verb (verb)

In terms of public safety, personal property insurance and custody, owners and property users often have a vague understanding of the responsibility of the subject of property management security, and mistakenly impose the security responsibility that should be borne by the public security organs or the owners themselves on property service enterprises, resulting in an increase in disputes between property service enterprises and owners and property users. Property service enterprises have invested a lot of manpower, material resources and energy in this respect, resulting in unnecessary consumption and taking on additional responsibilities.

Risk of collecting management fees from intransitive verbs

It is a prominent problem for owners and users to delay, underpay or refuse to pay management fees for various reasons. Due to the general lack of effective means of recovery in property service enterprises, charging risk is one of the risks in daily property management services.

Seven, the risk of public utilities collection and payment.

In the collection and payment of public utility fees (such as utilities) and the allocation of public utility fees, the property management unit is in the middle of the collection and payment. If the owners and property users can't pay the corresponding fees in full and on time, it will inevitably bring economic losses and undue risks to the property service enterprises.

Eight, manage the risk of project outsourcing.

Outsourcing of property management services is a common phenomenon in property management. Although property service enterprises can take various measures to control the selection, contract signing and management of project outsourcing units, potential uncertainties still exist. For example, when the selected professional company performs the contract, the professional service behavior does not meet the requirements of property management services. Although the realty service enterprise may solve the problem by asking for rectification, the consequence is often that the owners and property users will blame the realty service enterprise.

Nine, the risk of property management services

If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities. What is the legal name of the problem caused by employees' illegal operation? Employer's responsibility? Property service enterprises will also bear the responsibility of correcting employee misconduct.

X. Risks of public media in publicity and reporting

In the operation of property management, inadequate property management services, untimely resolution of contradictions, improper handling of complaints and untimely communication with all parties may all lead to the risk of public opinion in animal husbandry management. Public opinion risk will not only affect the brand image of property service enterprises, but also bring economic losses to property service enterprises.

Two. Measures to prevent property management risks (1) Property service enterprises should learn, understand and abide by the law. Before signing a property management-related contract, we should pay attention to the legality of the contract subject, and the contract service should be as detailed as possible to avoid ambiguity. Relevant service standards, service quality, charging items, liability for breach of contract, exemption conditions and dispute handling methods should be clearly stipulated in the contract subscription. Consciously implement laws and regulations related to property management in all aspects such as participating in bidding, undertaking projects and providing services, make full use of legal weapons to safeguard their legitimate rights and interests, and effectively improve their legal awareness, contract awareness, convention awareness and risk prevention service awareness.

(2) Property service enterprises should pay attention to system construction, staff quality and management implementation, establish and strictly implement various rules and regulations and post responsibility system for internal management of property service enterprises, constantly improve staff's service awareness, service skills and risk prevention awareness, improve management methods through mechanism innovation, management innovation and scientific and technological innovation, improve management level and efficiency, reduce operating costs, and enhance enterprises' own market competitiveness and risk resistance. Special attention should be paid to eliminating hidden dangers in management, and necessary tips and warning signs should be set at key positions in the service area to avoid accidents as much as possible.

(3) Properly handle the relationship between related subjects of property management activities.

(1) Properly handle the relationship with the owner. While providing standardized, in-place and satisfactory services for owners, property service enterprises should widely publicize relevant policies of property management through owners' conventions, billboards and other forms, so as to help owners establish a correct sense of responsibility, consumption and contract in property management, so that they can assume corresponding obligations while exercising their rights.

② Properly handle the relationship with the development and construction unit. Property service enterprises should strengthen early intervention, help the construction unit to improve the design of property projects, improve the quality of projects, save construction funds, and strive to guide the construction unit to correctly understand property management activities.

③ Handle well the relationship with municipal public utilities and professional companies. According to the provisions of Article 45 of the Property Management Regulations, in the property management area, water supply, power supply, gas supply, heating, communication, cable television and other units should charge relevant fees to the end users. Property service enterprises shall, in accordance with these Provisions, clarify their responsibilities and perform their duties with relevant units. Professional companies such as cleaning and greening that subcontract a professional service should be carefully selected and strictly required, and the responsibilities of both parties should be clearly defined in the subcontract.

(4) Properly handle the relationship with relevant government administrative departments, streets and neighborhood committees, actively cooperate with the work of government departments at all levels, and take the initiative to accept the guidance and supervision of administrative departments, street offices and neighborhood committees on service work.

(4) Property service enterprises should pay attention to the publicity of enterprises, establish a platform for public opinion propaganda, and establish a good image of enterprises. It is necessary to establish a good communication and coordination mechanism with the government, industry associations, owners' meetings, news media and other relevant departments. After the occurrence of risks and crises, we should calmly deal with them, properly handle them in time, do a good job in relevant coordination, win the support of public opinion, and minimize the economic and reputation losses of enterprises.

(5) Appropriate introduction of market-oriented risk sharing mechanism. For example, buy insurance, accident liability insurance, property insurance and so on. For the * * * equipment and facilities that it takes over the property, in case of accidents such as falling off the external wall of the building, injuring pedestrians or damaging vehicles, the insurance company shall bear the corresponding liability for compensation.

(6) Risk management is a new management discipline, which is based on observation, experiment, experience accumulation and scientific analysis. Therefore, property service enterprises should pay attention to the study of the law of risk occurrence and strengthen their ability to control and prevent risks. It is necessary to establish a risk prevention and crisis management mechanism that scientifically predicts in advance, handles emergencies in the process and properly solves them afterwards, grasps the regularity of risks, introduces advanced risk management technology to avoid, transfer and control risks, and establishes corresponding emergency plans for different types of things to prevent risks and deal with emergencies.

(7) On the basis of risk analysis and risk assessment, spare equipment and safety facilities are added.

(8) Strengthen safety management, implement safety responsibilities and regularly check safety equipment.

(9) Investigate, analyze and report accidents.

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