Rights and obligations entrusted to property companies by residential property service contracts

Property service contract refers to the contract signed between the property management institution and the owner according to the national laws and regulations. It is stipulated that property management companies should use modern management science and advanced maintenance technology to manage all kinds of houses and their ancillary facilities that have been built and put into use, provide customers with efficient, high-quality and economical all-round services, and make the property play a useful and economical role. What obligations and powers should the property company perform in the property service contract?

Property service contract

According to the provisions of the Measures for the Administration of New Urban Residential Areas, the rights of property management companies mainly include:

(1) has the right to formulate residential property management measures in accordance with relevant laws and regulations and in combination with the actual situation. The measures for the management of residential areas formulated by property management companies can be comprehensive management regulations, or special regulations can be formulated for different aspects, such as health conventions and security conventions. The rules formulated by the property management company are important measures for community management services, and the management rules can only take effect after being approved by the community owners' meeting or the property management Committee. These management regulations do not belong to government actions, have no universal effect, and are only binding within the residents of the community, and their nature belongs to group self-discipline regulations;

(2) Managing residential quarters according to the property service contract and management measures is not only exercising rights but also fulfilling obligations;

(three) in accordance with the property service contract and the relevant provisions of the charge;

(4) have the right to stop the violation of rules and regulations;

(5) Have the right to ask the management committee for assistance. As the representative of the owner and user of the house, the management committee has the responsibility to assist the property management company to do a good job. Property management companies can report the major events or individual problems that are difficult to solve to the CMC, and have the right to ask the CMC to coordinate and solve them in accordance with the management regulations, and the CMC should give support and assistance.

6. Have the right to choose a franchise company to undertake special management business. Property management is a multi-faceted management and service, and it is impossible for a property management company to meet all aspects of management conditions. Therefore, according to the needs of project management, some special businesses must be entrusted to other franchisees. For example, special work such as cleaning roads and cleaning garbage wells in the community is subcontracted to cleaning companies and other units or personnel; Hire a security company to undertake community security management.

⑦ Diversification can be implemented to supplement the management funds of the community with its income. China's property management has not been carried out for a long time, and people's living standards are still not high. It is impossible to carry out high-cost property management like foreign countries. However, in property management, it is impossible to follow the traditional practice of "fixing expenses by income". The way to make up for the shortage of funds is to diversify operations and supplement management funds with operating income.

In addition to the above rights, property management enterprises should also undertake the following obligations: ① to perform property management contracts and operate according to law; (2) accept the supervision of the CMC and community residents; (3) Major management measures shall be submitted to the management committee for deliberation and approval.

Members will realize; D accept the supervision and guidance of real estate administrative departments, relevant administrative departments and people's governments where residential areas are located.

Only when the property management company fulfills the rights and obligations entrusted to them in the property service contract can the owners enjoy their lives better.

(The above answers were published on 20 13-04-25. Please refer to the actual situation for the current purchase policy. )

When buying a new house, go to Sohu Focus.