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Reflections on how property management is tempered
The company organized employees to watch the first domestic property management situational teaching film-"How Property Management was Tempered", which showed the elegance of property managers and was the epitome of the property management industry. I feel as if I am in it, benefiting a lot and being practical.
In the eight episodes of contest, running-in, housewarming, worry about decoration, experience of service, mutual, love and law, and harmony, the story of how to do it is told from the bidding of property companies to the establishment of property management companies to the establishment of Hua Ting property service center in the century, house acceptance, owner occupancy, decoration management and how to do it.
In this film, what I have heard most is the lawsuit of medieval Hua Ting in Love and Law. When I first heard this lawsuit two years ago, it was told by a friend who studied law. After telling it, I asked the property management company whether to lose money. At that time, my intuition was that if I didn't fully compensate, I would compensate 50%. The first time I saw this film was in a class attended by national property managers. Although the property company won the lawsuit, shouldn't the property company be responsible? The owner killed the vacant room in his community in the monitoring room. The negligence of guards and maintenance workers provided criminals with an opportunity. Imagine that without these negligence and carelessness, the incident could have been avoided. This gave us a wake-up call. If we improve the quality of employees and strengthen their sense of responsibility, we can put an end to the murder of Hua Ting owners in the century.
The lecturer who gave us a lecture repeatedly stressed that signing a good property service contract is the key. The concept of "security" is only the name concept of the public security system, and the property service enterprises can only be replaced by "guards", who fully assist the public security departments in maintaining public order in their property areas. The lecturer stressed that in order to avoid the risks of property companies, it is necessary to conclude a good property service contract.
First of all, concluding a good property service contract is the key link to prevent legal risks of property.
The obligation of the realty service enterprise to protect the owner's personal and property safety stems from the stipulations of the realty service contract. The civil liability assumed is stipulated in the contract. Due to different contractual obligations, the civil liability assumed is naturally different. To conclude a good property service contract, we should match the quality with the price and do what we can: the concept is accurate, reasonable and feasible. When necessary, the details of the security obligations can be used as an annex to the contract. Property service enterprises cannot promise to "ensure the personal and property safety of the owners" when signing the contract, but only fully assist the public security department to maintain public order in the property area. This clause must be clearly stated in the contract. Some owners think that as long as the property management fee is paid, everything is the responsibility of the property management company.
Two, improve the property safety management regulations is the system guarantee to prevent property legal risks.
Property services comply with laws, regulations and the provisions of safety obligations in property service contracts. Effective safety management system is the concrete practice and embodiment of fulfilling the obligations in property service contracts, and it is also an important factual basis for judging and confirming whether property service enterprises should bear, reduce or exempt civil liabilities, and is the institutional guarantee for preventing property legal risks. It is of great significance in litigation.
Three, the correct performance of security obligations is an important measure to prevent property legal risks.
It is the legal duty of the realty service enterprise, the basic obligation of the security obligor, and the embodiment of being highly responsible to the people to correctly fulfill the obligation of informing about personal and property safety in the realty management area. It is another factual basis for judging and confirming whether civil liability should be borne, mitigated or exempted. It is an important measure to prevent legal risks of property, and it is also of great significance in litigation.
Four, do a good job of evidence preservation is a necessary guarantee to prevent legal risks of property.
While fully performing the realty service contract, the realty service enterprise shall strictly implement the filing system, strengthen the custody of the registration, records, memos and audio-visual materials for performing various safety duties, and prevent them from being lost or passive in litigation activities because they cannot provide evidence.
To sum up, the legal relationship between the realty service enterprise and the owner is a contractual relationship. The rule and principle of the realty service enterprise's civil liability for the owner's personal and property safety is the principle of fault liability, and the subjective element is negligence. The liability assumed is the liability for breach of contract, and the civil liability for compensation is compensation and partial compensation.
Therefore, the conclusion of a good property service contract is the key link to prevent the legal risks of property. If the internal management of property service enterprises is standardized, institutionalized and orderly, and measures are appropriate, some risks can be prevented.
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