What is the responsibility of the residential property company?

Residential property companies mainly provide residential security, facilities and equipment services. The responsibilities of residential property companies mainly come from the stipulations of property service contracts, which mainly include the obligations of safety guarantee and entrusted management of some infrastructure.

Hiring a professional property management company to manage the residential area is of course permitted by law, but at this time, it is required that the hired company has corresponding qualifications and should actually perform its duties after the contract begins. What is the responsibility of the residential property company? Please learn more from below.

What is the responsibility of the residential property company?

Residential property companies mainly provide residential security, facilities and equipment services. The responsibilities of residential property companies mainly come from the stipulations of property service contracts, which mainly include the obligations of safety guarantee and entrusted management of some infrastructure.

(A) the main services of residential property companies

1, the safe work of the community. Security obligation is the most important and basic obligation of residential property companies. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens. The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and owners' conventions.

2. Property maintenance. Including housing maintenance and repair, equipment maintenance and opening; Management and maintenance of landscaping, roads, street lamps, power supply facilities, water supply and drainage pipe networks, tap water pressurization stations, domestic sewage treatment stations, gas and heating.

3. Integrated services. Including public security-anti-theft, fire prevention and extinguishing, on duty, parking care; Hygiene-maintain the capacity and appearance of the area, clean and protect indoor and outdoor areas, and clean the reservoir regularly. Life services, including housework, sending patients to hospital, sending children to school and home, repairing household appliances, changing gas, collecting and paying water, electricity and gas heating fees, paying insurance and taxes, collecting and sending letters, newspapers and magazines, paging telephones, publicizing the knowledge of rational use of houses and equipment, not polluting the environment (making noise and littering), not damaging landscaping and entertainment facilities, not allowing trucks to enter residential passages, and not allowing them.

4. Real estate management. Illegal land use, such as illegal construction, occupation, and heaping, is mainly prohibited.

(B) Service responsibilities of residential property companies

1, contractual obligations.

The residential property company shall provide corresponding services in accordance with the stipulations of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

2. Security obligations.

Assist in the safety work in the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. Residential property enterprises violate laws and regulations on public security, environmental protection, property decoration and use in the property management area. The realty service enterprise shall stop it and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

3, part of the infrastructure entrusted management obligations.

Second, what is the legal responsibility of property management?

The legal responsibility of property management refers to the legal consequences that should be borne by violating the legal norms of property management. State functionaries, citizens or legal persons who refuse to perform their legal obligations or engage in acts prohibited by law should bear the legal consequences caused by the illegal acts as long as they have the constitutive elements of the illegal acts. In other words, as long as it meets the constitutive requirements of illegal acts, it constitutes the legal responsibility of property management. What are the legal responsibilities of property management?

There are many specific types of illegal acts in property management, involving different types of legal responsibilities in property management, such as civil liability for breach of contract, civil liability for tort, administrative liability and criminal liability, and their specific constitutive requirements are also different. Generally speaking, the imputation conditions of legal responsibility are composed of the following four elements:

(1) This behavior is illegal.

Legal liability is generally caused by the occurrence of illegal acts. Therefore, the constitutive conditions of illegality itself should naturally become the basis and necessary premise of legal responsibility.

(2) Damage results.

Damage refers to the loss of interests and harm caused to the infringed. The forms of damage mainly include personal injury, property damage, mental damage and other interests damage. The scope of damage includes direct actual damage and indirect damage caused by the loss of expected benefits. Behavior has a certain degree of social harm, causing danger or damage to social specific interests, and the harmful result reaches the degree that the corresponding legal responsibility should be investigated according to the law, which is a necessary condition for the legal responsibility of property management. In some legal responsibilities, the damage result is not a necessary element.

(3) Causality.

There should be a causal relationship between the illegal act and the damage result. Legal causality is not a general causality, but an inevitable connection between a factual act and a specific damage result. If the damage result is not necessarily caused by someone's behavior, the actor is not responsible for the result. Because there are all kinds of connections between behavior and results, there are inevitable connections and accidental connections, direct connections and indirect connections, and one cause has many effects. Therefore, when attributing the legal responsibility of property management to an illegal act, it is necessary to clarify the relationship between the illegal act and the specific loss result, which has great influence on the characterization of the act and the determination of the type and size of legal responsibility.

(4) the subjective psychological fault state of the actor.

Fault refers to a state of psychological understanding of the illegal act and its consequences when the actor carries out the act, which is divided into two forms: intentional and negligent. Direct and indirect intentional violations should bear legal responsibility, gross negligence violations should generally bear civil or administrative responsibility, and criminal responsibility should only be borne if the law expressly stipulates it. The principle of fault liability is mostly adopted in the imputation of civil tort, administrative violation and criminal violation of property management.

In real life, many property buyers will reach an agreement with property management before buying a house to fix the rights and obligations between the property manager and the tenant in an agreed form, that is to say, the responsibility of property management is often a combination of legal responsibility and agreed responsibility. In addition, the responsibility share determined by technical specifications is relatively large. Some of these technical problems are related technical standards and specifications formulated by the state, and some are technical requirements or standards agreed by both parties of property management. These technical standards, norms and requirements have become an important and substantial basis for determining the legal responsibility of property management. Finally, there are many legal responsibilities of property management, including civil responsibility, administrative responsibility and criminal responsibility. Moreover, these responsibilities often exist in a property management violation, and there is a phenomenon of compound legal responsibilities.

As far as the responsibility of residential property companies is concerned, it is mainly divided into two aspects, service content and service responsibility. In addition to protecting the personal and property safety of the community owners, some public facilities in the community should also be reasonably maintained. Of course, property companies provide services at the expense of all owners paying property fees.