How does the new property company take over the residential property

Property management company is a special kind of company. For such companies, they are engaged in property services by signing property service contracts with the owners. If the owners need to take over the property, they should set up a property company. Below I will bring you the relevant content of how to take over the property in your own community. Let's have a look.

Property management company is a special kind of company. For such companies, they are engaged in property services by signing property service contracts with the owners. If the owners need to take over the property, they should set up a property company. Below I will bring you the relevant content of how to take over the property in your own community. Let's have a look.

First of all, how to take over your own residential property

"You can take over. Steps: First, you need to register a property company. You can't take over property in your own name. It must be an enterprise legal person. After registering a property company, you need to apply for property management qualification, and a property company without property qualification cannot undertake the project. The last step is to hold an owners' meeting to persuade the owners to let at least half of the owners agree to hand over the property management of the community to you. "

Second, the characteristics of the property service contract

Property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. "An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time.

Property service contract is a contract based on labor service. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

Property service contracts are divided into agreed contracts, paid contracts, bilateral contracts and necessary contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

Three. Performance of property service contract

The performance of a contract refers to the correct, proper and comprehensive performance of the obligations stipulated in the contract by both parties. The performance of the realty service contract not only refers to the final delivery behavior of both parties to the contract, but also includes the sum of a series of behaviors of both parties and their results. The performance of a property service contract is usually stipulated in law as full performance, that is, the parties must fully perform all the obligations stipulated in the contract in an appropriate way at an appropriate time and place according to the subject matter, quality and quantity agreed in the contract. In fact, it contains two meanings.

Actual performance. Actual performance refers to the performance of the subject matter agreed in the contract. According to the definition of actual performance, if one party breaches the contract, its liability for breach of contract cannot be replaced by other property or compensation. Even if the breaching party pays liquidated damages or compensation, if one party requests to continue to perform, it shall continue to perform the contract. Non-actual performance is allowed only when actual performance becomes impossible or unnecessary.

Execute correctly. Proper performance means that the type, quantity, quality, subject, time, place and method of the subject matter of the contract (property service) must be appropriate when performing the property service contract. According to the definition of proper performance, in the case of non-performance or improper performance, the party at fault should explain the situation to the other party in time to avoid or reduce the loss and compensation liability. When one of the contracting parties only performs part of the obligations under the contract, the other party has the right to refuse and claim compensation for the increased expenses due to part of the obligations of one party, except that part of the performance does not harm the interests of the parties. If one party fails to perform the contract, it may suspend the contract temporarily, but it shall notify the other party immediately. On the other hand, if the performance of the contract provides sufficient guarantee, the contract should continue to be performed.

This is all I have brought you about how to take over the property of my own community. The signing of the property service contract is not signed with an owner, but with the owners' meeting.