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What is the relationship between the property management committee and the property management company?
After taking office, Xiao Wang wants to do more work in communication and cooperation between owners and property management companies, but the relationship between property management committees and property management companies is still somewhat vague. Analysis: Property management implements a management system that combines owner autonomy with professional management. The property management committee embodies the autonomy of the owners, and the property management enterprise embodies the professional management, both of which manage a certain range of properties. This determines that they have certain legal and economic relations. Judging from the legal relationship, the property management committee and the property management enterprise are the relationship between the client and the trustee, and the relationship between employment and employment. Legally speaking, the property management committee has the right to decide whether to entrust, hire or not to hire a property management enterprise, and the property management enterprise also has the right to accept or not to accept the entrustment, hire or refuse to hire. There is no subordinate relationship between the two, no relationship between the leader and the led, no relationship between the manager and the managed. They are equal in law. From the perspective of economic relations, the property management services provided by property management enterprises are paid, and they should be paid accordingly while providing certain property management services. Similarly, while enjoying these services, owners should also pay corresponding fees. This economic relationship between property management enterprises and owners is confirmed and guaranteed through property management entrustment contracts. After the contract is signed, both parties shall bear different rights and obligations respectively. Property management enterprises shall provide corresponding management services according to the requirements of the contract, be responsible to the property management committee and the owners, and accept their supervision in their daily work; At the same time, the property management committee and the owners shall assist the property management enterprises to carry out their work and pay the fees stipulated in the property management entrustment contract on time. Link: the right of the management Committee-convene and preside over the owners' meeting at least once a year; -Select and employ a property management enterprise to manage the property through public bidding or other means, and sign a property management contract with it; -examining and approving the annual management plan, annual expense budget and final accounts report of the property management enterprise; -examining and approving the charging standards of property management and the service standards of property management enterprises; -examining and approving the property management rules and regulations formulated by property management enterprises; -to inspect and supervise the implementation of various management work and the implementation of rules and regulations; -Have the right to stop any act that damages or damages the interests of property owners and demand compensation; -On behalf of all owners, bring a lawsuit against individual owners and users for violating the management convention or harming the legitimate rights and interests of other owners and users. The obligation of the CMC-organizing the owners' meeting; -Implementing the resolutions adopted by the owners' meeting; -Implement and urge the owners to abide by the provisions of property management and other relevant laws, regulations and policies, and carry out various forms of publicity and education for residents; —— Cooperate with the work of property management enterprises and timely reflect the opinions and suggestions of owners on property management; -cooperate with the property management company to urge the owners to pay the fees on time, and punish the owners who maliciously fail to pay the property fees until they resort to the law; -The decisions made by the management committee shall not violate the provisions of laws, regulations and policies, the decisions of the owners' congress or the public interests of the owners.
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