What are the risks of daily property management?

1. Concept: Property management risk refers to the unexpected loss that a property service enterprise should bear due to natural and social factors other than the enterprise in the service process.

2. Classification: Property management risks include early intervention risks, early property management risks and daily management risks.

(A) the risk of early intervention

The risk of early intervention mainly includes the risk brought by the uncertainty of project undertaking and the risk of professional service consultation.

1. Risks caused by the uncertainty of project takeover

Some property service enterprises have invested more manpower, material resources and financial resources without deciding to obtain the right to take over the project. However, due to various reasons, it was not selected by the construction unit, and the property service enterprises not only suffered losses in people, money and materials, but also damaged their brand image.

2. Risks of professional service consulting

Early intervention involves a wide range, takes a long time, is highly technical and difficult. When the property service enterprise does not have enough personnel with considerable professional technical ability and property management experience to participate in the whole process, it is difficult to find hidden dangers and problems in project planning, design and construction, and the professional opinions and suggestions it provides may be insufficient and biased. In addition, if you can't communicate and cooperate with the construction, construction and supervision units, the rationalization suggestions put forward by the previous intervention will not be taken seriously and adopted. The above two aspects may lead to certain risks in the management and operation after the completion of the property.

(B) the risk of early property management

There are many risks in early property management, but the most important one is contract risk. Contract risk includes three aspects.

1. contract period

Article 45 of the Contract Law stipulates: "The parties may stipulate that the validity of a contract is subject to conditions. A contract with effective conditions shall take effect when the conditions are met. A contract with termination conditions is invalid when the conditions are met. " The prophase realty service contract is a contract with termination conditions. Article 26 of the Property Management Regulations stipulates: "If the property service contract signed by the owners' committee and the property service enterprise takes effect before the expiration of the term, the previous property service contract shall be terminated. "So the term of the previous property management contract is uncertain, and the property service enterprise may be dismissed by the owners' meeting at any time. Once the contract is terminated in advance, the long-term planning of the enterprise and various investments in property management projects will be wasted and the enterprise will also suffer losses. However, if the enterprise is too limited to this factor, leading to insufficient planning and investment in the early stage, it may bring short-term business behavior, and also lead to contradictions and conflicts between the owners (or property users) and property service enterprises.

2. Risk of contract conclusion

When concluding the preliminary property service contract, the property construction unit is in a dominant position. Moreover, the transfer of property-related information, the transfer of property management houses and commercial operation houses, and the payment of vacant house management fees all require the support and cooperation of property construction units. Therefore, the construction unit can transfer the risks that should not be borne by the realty service enterprise to the realty service enterprise when concluding the prophase realty service contract with the realty service enterprise. In addition, in order to obtain the project management right, some property service enterprises blindly depress the management fee when signing the contract, which will affect the normal operation of the project after taking over; Some property service companies did not clearly stipulate the relevant responsibilities when signing the contract, or ignored the exemption clauses, and even made some promises that were difficult to achieve, resulting in a passive situation in emergencies (theft of property at home, casualties, etc.). ) happened after taking over. The negligence of the contract content may be the reason for the owner to claim compensation from the property service enterprise.

3. Risks of contract execution

The preliminary realty service contract is a collective contract signed by the construction unit on behalf of all the owners and the realty service enterprise. Although this kind of contracting behavior is the result of laws and regulations, in the process of owner's residence and contract execution, due to the lack of corresponding laws and regulations or other reasons, there may be differences and non-implementation of the previous property service contract, which may lead to disputes between the owner and the property service enterprise.

The early stage of property service is in a special period where various contradictions are intertwined. The quality problems left by the project and the problems that have not been properly solved in the debugging of facilities and equipment will affect the normal life of the owner. Disputes and disputes arising from previous contracts, if not handled properly, will induce management risks.

(C) the risk of daily property management

The risks of daily property management include two aspects: first, the risks of owners (or property users) in the process of using property and accepting property services; The second is the risks existing in the daily operation of property management.

1. Risks of property use and service acceptance by the owner.

(1) Risks caused by illegal decoration of property.

Owners (or property users) decorate illegally, which will not only cause damage to the parts used by the property, potential safety hazards, neighborhood disputes, etc. , it will also increase the operation, maintenance and maintenance costs of property management, and it will also make property service enterprises bear certain responsibility for property decoration management.

(2) Risks caused by the use of the property.

In the daily use of the property, if the owner (or property user) has improper behavior, improper use of the property, such as throwing objects at high altitude, changing the use function of the property, blocking the fire escape, damaging the equipment, facilities and venues used by * * *, it is difficult to determine the responsible person. Or if the owner (or property user) has an accident due to the "defect" of the property or the fault of the party concerned, causing personal injury or property loss to others, the property service enterprise will bear certain legal liability risks.

(3) The risks caused by unclear legal concepts.

In terms of public security, personal property insurance, custody, etc., owners (or property users) often have a vague understanding of the responsibilities of the security subject of property management, and mistakenly impose the security responsibilities that should be borne by the public security organs or the owners themselves on property service enterprises, which leads to an increase in disputes between property service enterprises and owners (or property users). Property service enterprises have invested a lot of manpower, material resources and energy in this respect, resulting in unnecessary consumption and taking on additional responsibilities.

2. Risks in daily operation of property management

(1) Risk of management fee collection.

It is a prominent problem in property service activities that owners (or property users) delay, underpay or refuse to pay management fees for various reasons. Due to the general lack of effective means of recovery in property service enterprises, charging risk is one of the common risks in daily property management services. Property projects are developed by stages, and owners live by stages. The low occupancy rate of property project owners and the low collection rate of management fees lead to the risk of loss in the project.

(2) Risks of public utility charges.

In the collection and payment of public utility fees (such as utilities) and the allocation of public utility fees, the property management unit is in the middle of the collection and payment. If the owner (or property user) fails to pay the corresponding fees in full and on time, it will inevitably bring economic losses and undue risks to the property service enterprises.

(3) Managing the risks of project outsourcing.

Outsourcing of property management services is a common phenomenon in property management operation. Although property service enterprises can take various measures to control the selection of outsourcing units, the signing and management of contracts, potential and uncertain factors still exist. For example, when the selected professional company performs the contract, the professional service behavior does not meet the requirements of property management services. Although the realty service enterprise can solve the problem by asking for rectification, the consequence is often that the owner (or property user) still blames the realty service enterprise.

(4) Risks existing in the service of property service personnel.

If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities. Due to the problems caused by employees' illegal operation, according to the law called "employer's responsibility", property service enterprises will also be liable for the improper behavior of their employees.

(5) The risk of public opinion in publicity and reporting by public media.

In the operation of property management, the risk of public opinion in property management may be caused by inadequate property management services, untimely resolution of contradictions, improper handling of complaints and untimely communication with all parties. Public opinion risk will not only affect the brand image of property service enterprises, but also bring economic losses to property service enterprises.

(6) Risks of public facilities and equipment, including fire risks.

There are hidden dangers in public facilities and equipment in the property, and poor management of public facilities and equipment may lead to the personal and property safety of owners or non-owners Due to the diversity and distribution of public facilities and equipment in the property, subsequent risks occur frequently. Faced with such risks, the realty service enterprise should not only bear the civil legal liability for economic compensation, but also the person directly responsible and the main person in charge of the enterprise may bear the criminal legal liability.