Property management exam?

Short answer questions:

1. Briefly describe the basic contents of property management services.

The basic contents of property management services mainly include the following items: (1) maintenance and management of property use parts; (2) Operation, maintenance and management of equipment and facilities used in the property; (3) Environmental sanitation and greening management services; (4) Parking management of motor vehicles and non-motor vehicles; (five) to assist the services of public security, fire protection, traffic and other management matters in the property management area; (6) Property decoration management services; (7) Property file management.

2. Briefly describe the rights and obligations of property management enterprises.

Rights of property management enterprises: ① According to relevant laws, regulations, policies and contracts, combined with the actual situation, formulate property management system. ② Collect property management service fees according to the property management entrustment contract and relevant regulations. (3) to stop and deal with violations of the property management system. (4) Ask the parties to assist in management. ⑤ Select a professional company to undertake special service management business. 6. Other rights stipulated by laws and regulations.

Obligations of property management enterprises: ① Fulfill the property service contract and provide property management services. (2) Accept the supervision of the owners' congress, owners' committee, owners and users. (3) Regularly publish the accounts of property management service fees and property management service funds, and accept questions and audits. (4) Accept the supervision and management of relevant administrative departments. ⑤ Other obligations stipulated by laws and regulations.

3, the cost of property services.

The cost composition of property service charges is based on the contract system of property service charges, including property service costs, statutory taxes and fees and profits of property management enterprises. The implementation of the property service fee system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following parts: ① the salary of management service personnel, social insurance and welfare funds drawn according to regulations; (two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property; (3) the cost of cleaning and sanitation in the property management area; (4) Maintenance cost of greening in the property management area; ⑤ Maintenance cost of regional order in property management; 6 office expenses; ⑦ Depreciation of fixed assets of property management enterprises; Today * * * part of the property, * * * facilities and equipment and public liability insurance costs; Pet-name ruby other expenses agreed by the owner.

Four, case analysis questions (20 points for each question, ***40 points)

1. In June this year, after 5438+0 old property management company withdrew, a 70-square-meter property management room in a residential area was locked by them, which caused the new property management company not only to have small office space, but also to have problems such as domestic water and going to the toilet. The reason why the property company locks the property management room: the property right of this property management room still belongs to the developer, and the developer can handle it as he wants. Faced with this situation, how should the industry Committee safeguard the interests of the majority of owners and solve the problem of property management?

Answer: According to the regulations of the State Council, the ownership of property management houses belongs to all owners of residential areas, not to developers, and developers have no right to handle property management houses. The handling opinions and legal basis are as follows:

First of all, the industry committee can go to the real estate planning bureau to find the label of the residential property management room, because the construction unit should indicate the location, area and room number of the property management room in the forecast area (measured area) report when handling the pre-sale permit and the initial registration of real estate, and affix the official seal of the construction unit, and the property management room should be configured in the residential planning. According to "Several Opinions on Implementing Shanghai Property Management Regulations", in the residential property management area built from July 1. 0997 to August 3 1 2003, property management houses will be provided according to the planning and construction standards; If it is not configured in the planning, it shall be provided according to the actual use of the property management area. The property management room used by the old property company is more than 70 square meters, and the property management room used by the property company after replacement should also be more than 70 square meters.

Secondly, according to Article 38 of the Property Management Regulations, the ownership of property management houses belongs to all owners of the community according to law. The industry committee should transfer the property right of the property management house with the developer from the developer's real estate license to the name of the owners' meeting as soon as possible. According to the property management regulations, when the property service contract is terminated, the old property shall return the property management room and the following materials to the owners' committee: 1, completion general plan, completion drawings of single building, structure and equipment, supporting facilities, completion drawings of underground pipe network project and other completion acceptance materials; 2 facilities and equipment installation, use, maintenance and other technical information; 3, property quality warranty documents and property use documents; 4. Other materials required for property management.

2. At the beginning of 2007, the property management company in the residential area where the owner Li is located urged to pay the property management fee in 2006. Li's task is to pay the security fee in the property management fee, but the security guard in the community where he lives did not really guarantee his property safety, and he lost three bicycles in the community, so he refused to pay the property management fee. The property management company has a task, and the security task of the property management company is only responsible for maintaining the public order and safety of the community, regularly. The lost bicycle is a criminal case of public security, which should be handled by the public security organs, and has nothing to do with the property company. The two sides disagreed and the negotiations failed. The property company then sued Li to the court. How to treat "the owner refuses to pay the property fee due to the financial loss of the community"?

A: The property management company is an activity to manage the property within the scope of national laws and regulations according to the property service contract. His position comes from that contract, he provides corresponding services according to the contract and within the scope of laws and regulations, and property safety work is also included in this contract. The property company explained correctly that the main functions of property security are: maintaining public order in the community, managing public order in the community, and handling all kinds of emergencies in advance. Property management has always been in the position of public management and service, and the security work provides the agreed security service according to the contract, which does not play the role of keeping and preserving the personal property and life safety of the community owners. As long as they provide corresponding services according to the contract, they will have no responsibility, and the security work cannot be foolproof. Only through prevention can their incidence be reduced. Moreover, as far as this case is concerned, as long as the property company has fulfilled its security obligations, there will be no negligence in management and no responsibility will be required. Moreover, the property management fee is the cost of the normal operation of the community. You refuse to pay and enjoy public services in the community. In fact, it is infringing on the rights and interests of other owners, and the owners cannot refuse to pay the property management fee for any reason. It's a rule. Even if the management of the property company was at fault, the owner won the lawsuit. You should also pay the property fee. As for the fault of the property company, it will be dealt with separately. The success rate of such litigation is very low, and it is difficult to obtain evidence in the management inaction of property companies.

Test paper b

1. Briefly describe the basic meaning of property management.

Property management refers to the activities that the owner hires a property management company, and the owner and the property management company repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, and maintain the environmental sanitation and order in the relevant areas. The definition of property management is as follows: ① Property management is realized by the owners by hiring property management enterprises; ② Property management activities are based on the property service contract; ③ The content of property management is to maintain and manage the property, and to maintain the environmental sanitation and order in relevant areas.

2. Briefly describe the basic system determined by the property management regulations.

A. Owners' congress system: A system of coexistence of owners' congress and owners' committee, decision-making by owners' congress and implementation by owners' committee has been established.

B. Owners' convention system: it is stipulated that the owners' convention is binding on all owners.

C bidding system for property management: the construction unit is encouraged to select property management enterprises with corresponding qualifications through bidding according to the principle of separating real estate development from property management.

3. Briefly describe the basic rights and obligations of the owner.

In the property management activities, the owners have the following rights: ① to accept the services provided by the property management enterprises according to the stipulations of the property service contract; (two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management; (three) put forward suggestions on the formulation and revision of the owners' convention and the rules of procedure of the owners' congress; (four) to participate in the owners' meeting and exercise the right to vote; (five) to elect members of the owners' committee and enjoy the right to be elected; ⑥ Supervise the work of the owners' committee; ⑦ Supervise property management enterprises to perform property service contracts; (8) Have the right to know and supervise the use of * * * parts, * * facilities and related sites of the property; Pet-name ruby supervision property * * * with parts, * * with special maintenance funds for facilities and equipment (hereinafter referred to as the special maintenance funds) management and use; Attending other rights stipulated by laws and regulations. . In property management activities, the owners should fulfill the following obligations: ① Abide by the owners' convention and the rules of procedure of the owners' congress; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; ③ Implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; ⑤ Pay the property service fee on time; 6. Other obligations stipulated by laws and regulations.

4. Briefly describe the countermeasures to solve the problem of missing rate of property management service fees.

Due to various reasons, the collection of property management service fees is difficult to reach 100%, which leads to the problem of missing payment rate. The correct way to solve this problem is: on the one hand, property management enterprises should provide property management services with consistent quality and price in strict accordance with the provisions of the property service contract; On the other hand, the owners should strengthen the consumption concept of property management and pay the fees on time.

5. Briefly describe the basic contents of property management services.

The basic contents of property management services mainly include the following items: (1) maintenance and management of property use parts; (2) Operation, maintenance and management of equipment and facilities used in the property; (3) Environmental sanitation and greening management services; (4) Parking management of motor vehicles and non-motor vehicles; (five) to assist the services of public security, fire protection, traffic and other management matters in the property management area; (6) Property decoration management services; (7) Property file management.

In addition, according to the specific characteristics of different types of properties, owners and property management companies can agree on other services through property service contracts.

6. Briefly describe the basic links in the early stage of property management.

A. receipt and acceptance of property; The handover and acceptance of newly-built property is re-acceptance on the basis of project completion and acceptance; Including the new property takeover acceptance and the original property takeover acceptance.

B, the owner moves in; Property management companies issue materials such as "Temporary Owners Convention" to owners.

C, establish files; After the property is received and accepted; Including the owner or tenant information and property information.

D. Daily prophase property management services; Including daily comprehensive service and management, system coordination.

E. First owners' meeting; When the property sales and the owner's residence reach a certain number of years or a certain proportion; Organize the first owners' meeting, review and approve the owners' convention and the rules of procedure of the owners' meeting, elect the owners' committee, hire property management companies, and decide on matters involving the interests of owners.

Four, thinking questions (20 points per question, ***40 points)

1. What are the problems in property takeover acceptance? How to solve these problems?

A. Property management enterprises shall send managers and technicians with good quality, strong professional skills and serious and responsible work to participate in the acceptance work.

B. Property management companies should not only check and accept properties from the perspective of future property maintenance management, but also strictly check and accept properties from the standpoint of owners, so as to safeguard the legitimate rights and interests of owners.

C. If problems are found during the takeover acceptance, they shall be clearly recorded, and the developer shall be urged to reinforce and repair the existing problems within the agreed time limit until they are completely qualified.

D. implement property warranty. According to the relevant provisions of the construction project warranty, the developer is responsible for the warranty and pays the warranty money to the property management company, or the property management company is responsible for the warranty, and the developer pays the warranty fee in one lump sum.

5. The developer shall hand over to the property management enterprise a complete set of drawings including property rights and technical data.

E. The property management company only accepts the management right of the property and the related rights granted by the government.

F after the takeover acceptance meets the requirements, the property management enterprise shall sign the acceptance certificate and issue the takeover documents. After the property management enterprise issues the takeover documents and goes through the necessary formalities, the whole property acceptance takeover work is completed.

2. What do you think of residential property management?

Urban residential area is a "micro" society, and its management reflects the degree of civilization of a region. The emergence of urban residential quarters is also a new topic in urban residential construction management. In this regard, China's housing management also has a transition period from the old system to the new system. During this period, on the one hand, the old management methods still exist, on the other hand, professional property management methods have emerged. All localities are actively exploring. At present, China's housing management methods are as follows:

1. Management of government housing management department.

2. Enterprises and institutions manage themselves.

3. Real estate development enterprise management.

4. Property management enterprise management.

Whether it is the direct management of the real estate management department, the management of the unit, or the residential areas and various houses in the street offices, there are a series of problems in varying degrees, such as imperfect management institutions, no channels for management funds, and inadequate management work.

1. Change multiple property units, multiple management departments and multiple managements into unified management of property management companies.

2. Change the simple house maintenance in the past into the all-round maintenance, conservation, professional management and comprehensive services of building appendages, sites and sanitation, public security, greening and roads.

3. Change the administration and welfare management of government departments into enterprise, specialization, operation and paid service.

4. By way of contract, within the time limit stipulated in the contract, the tenure system of the management unit will be changed to the employment system selected by the current owner.

The appearance of the above-mentioned property management, which is full of vigor and vitality and integrates highly unified management, all-round and multi-level services, market and operation, has increasingly shown its strong vitality and become the development direction of residential property management in the future.

Test paper c

1. Briefly describe the meaning of the attribute.

The meaning of property from the perspective of property management, property refers to all kinds of houses and their ancillary equipment, facilities and related venues. All kinds of houses can be buildings, such as residential quarters, industrial areas and so on. Or single buildings, such as high-rise or multi-storey residential buildings, office buildings, commercial buildings, etc. At the same time, real estate is also the title of unit real estate, such as a residential unit. The same property usually belongs to one or more owners. Auxiliary equipment, facilities and related sites refer to all kinds of equipment, facilities and adjacent sites, courtyards, roads, etc. Match with the building to realize its use function.

2. Briefly describe the legislative principles of property management regulations.

A principle of correspondence between property management right and property right: the rights and obligations of the owner as the owner of the building are defined.

B, the principle of safeguarding the legitimate rights and interests of all owners: the behavior of property management enterprises, the responsibility of owners' congress and its voting on matters involving the interests of owners, the behavior of individual owners who do not pay property service fees according to the contract and harm the interests of all owners, and the administrative supervision and management responsibilities of relevant government departments are clearly defined.

C the principle of combining reality with foresight: pay attention to maintaining the continuity and stability of laws, regulations and policies.

D, proceeding from reality, the principle of seeking truth from facts: fully consider the actual situation of each region.

3. Briefly describe the connotation of property management bidding.

The connotation of property management bidding includes two parts: property management bidding and property management bidding. Property management bidding refers to the process that owners openly select property management companies by formulating bidding documents that meet their management service requirements and standards. Property management bidding refers to the process that property management enterprises, in order to develop their business, organize the preparation of tenders according to the requirements of property management bidding documents, submit tenders and bidding documents to the tendering units, participate in property management bidding, and obtain property management projects through market competition.

Property management bidding is an organic combination of property management bidding behavior and property management bidding behavior. Through bidding, the supply and demand subjects of property management establish a new service relationship on the basis of equality and mutual benefit. The essence of property management bidding is a two-way market choice behavior.

4. Briefly describe the key points of signing the property management contract.

First, the principle of "fine should not be coarse". When negotiating a contract, we should follow the principle of "detail should not be coarse", that is, we should negotiate and reach an agreement on the specific terms of the contract in full detail, both from a macro perspective and from a micro perspective. The domestic general property management contract includes four levels of agreement on entrusted management services: one is the specific project of entrusted management services; Secondly, the specific content of management services; Third, the evaluation methods and specific standards of management service quality; Fourth, the actual charge for this management service. The above contents can be listed in the form of an appendix.

B, there should be no uncertain free promises. Except that the entrusting party may think that the property management enterprise can provide the management room free of charge, there shall be no free and uncertain commitment in the property service contract. For example, shuttle bus service is provided for residents free of charge. This is because, first of all, property management is essentially a paid service under the conditions of market economy, and providing services free of charge is the product of welfare system; Secondly, providing free services leads to inconsistent services enjoyed by residents, because the free services provided by property management companies are not needed by every resident; Third, the entrustment of property management has a time limit, and indefinite commitment is impossible in theory and difficult to achieve in practice.

Five, thinking questions (15 points)

Cost composition and calculation method of property service fee

A: The cost composition of property service charges is based on the contract system of property service charges. The composition of property service fee includes property service cost, statutory taxes and fees and the profits of property management enterprises. The implementation of the property service fee system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following parts: ① the salary of management service personnel, social insurance and welfare funds drawn according to regulations; (two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property; (3) the cost of cleaning and sanitation in the property management area; (4) Maintenance cost of greening in the property management area; ⑤ Maintenance cost of regional order in property management; 6 office expenses; ⑦ Depreciation of fixed assets of property management enterprises; Today * * * part of the property, * * * facilities and equipment and public liability insurance costs; Pet-name ruby other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.

In addition, if the contract system is implemented, in addition to the above nine items, the composition of property service fees also includes statutory taxes and fees and the profits of property management enterprises; If the contract gratuity system is implemented, the property service funds received in advance include the contract gratuity of the property management enterprise in addition to the above nine items.

The calculation method of property service fee can be expressed by a simple formula: X = ∑ Xi (I = 1, 9).

Where X refers to the property service fee or property service expenditure standard, and the unit is RMB/month. Square meters; Xi—— the charging standard of various expenses, with the unit of RMB/month. Square meters; I- the number of sub-projects; ∑-the arithmetic sum of itemized expenses.

Test paper d

Third, short answer questions

1. The basic contents of property management services mainly include the following items: (1) Maintenance and management of the used parts of the property; (2) Operation, maintenance and management of equipment and facilities used in the property; (3) Environmental sanitation and greening management services; (4) Parking management of motor vehicles and non-motor vehicles; (five) to assist the services of public security, fire protection, traffic and other management matters in the property management area; (6) Property decoration management services; (7) Property file management.

2. Rights of property management enterprises: ① According to relevant laws, regulations, policies and contracts, and in combination with the actual situation, formulate property management systems. ② Collect property management service fees according to the property management entrustment contract and relevant regulations. (3) to stop and deal with violations of the property management system. (4) Ask the parties to assist in management. ⑤ Select a professional company to undertake special service management business. 6. Other rights stipulated by laws and regulations.

Obligations of property management enterprises: ① Fulfill the property service contract and provide property management services. (2) Accept the supervision of the owners' congress, owners' committee, owners and users. (3) Regularly publish the accounts of property management service fees and property management service funds, and accept questions and audits. (4) Accept the supervision and management of relevant administrative departments. ⑤ Other obligations stipulated by laws and regulations.

3. The cost composition of property service charges is subject to the contract system of property service charges. The composition of property service fee includes property service cost, statutory taxes and fees and the profits of property management enterprises. The implementation of the property service fee system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following parts: ① the salary of management service personnel, social insurance and welfare funds drawn according to regulations; (two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property; (3) the cost of cleaning and sanitation in the property management area; (4) Maintenance cost of greening in the property management area; ⑤ Maintenance cost of regional order in property management; 6 office expenses; ⑦ Depreciation of fixed assets of property management enterprises; Today * * * part of the property, * * * facilities and equipment and public liability insurance costs; Pet-name ruby other expenses agreed by the owner.

Fourth, case analysis

(1) The answer to the case 1

Reference answer: The focus of the dispute in this case is how to determine the starting point of the date when the defendant pays the property management fee. In this regard, the lawyer of Shanghai Zhongmao Law Firm told the reporter that Wang believes that it should be calculated according to 1 day of the month after the date of acceptance (10 in 2004), that is,11in 2004; The property management company thinks that the date of repossession and payment of property management fee one month after May 2004 should be 1, that is, June 2004 is 1. We have noticed that there is an agreement in the Supplementary Agreement on the Pre-sale Contract of Commercial Housing between the two parties, which actually limits the buyer's right of defense when taking over the house. Since this clause was pre-drafted by a third party for repeated use and was not clearly expressed in different fonts, the content of this clause should be reasonably interpreted according to the principle of good faith and the purpose of the contract. "There are quality problems" in this clause should be interpreted as "there are general quality problems" and should not include serious quality problems that lead to the buyer's failure to achieve the contract objectives. About 20 quality defects were found in the houses involved in this case when they were first repossessed. Although a single defect is not enough to be considered serious, it is difficult to determine that the condition of the house conforms to the buyer's contract purpose because there are so many quality problems in the defendant's house at the same time. Therefore, the first repossession date should not be taken as the repossession time.

In August, 2004, Wang went to check again, and only raised six quality problems. He believed that all the serious quality problems had been solved, and from that month on, Wang began to contact about renting. Therefore, it should be recognized that Wang did not have any quality defects that affected the realization of the defendant's contract purpose when he closed the house, and he could not refuse to close the house. To sum up, combined with the actual situation of this case, and taking into account the stipulations in the Management Convention signed by the three parties to this case, Wang should take September 1 day, 2004 as the date for paying the property management fee.

(b) Response to case 2

The court rejected Kong's request because it could not be proved that the three men were throwing bricks downstairs. In the judgment, the court held that the brick throwing behavior in this case violated the main body of the hole and did not constitute the majority. Therefore, the board can't hit 64 households, and the third person who caused the hole damage but was not sure should be responsible. As a security obligor, the property management company allowed buildings and wastes to be piled up in disorder on the platform on the third floor, which failed to effectively prevent or stop the damage. Those who are at fault shall bear supplementary liability for compensation. Wang Dong, the presiding judge of this case, said that after the property management company assumes the responsibility, it can also recover from the real infringer.

Finally, the court finally ruled that the property management company compensated Kong for the economic loss of 50403.438+08 yuan.

These two situations are different. Bricks falling from the sky are dangerous, and the infringer is not clear, but the subject of this case is not in the majority, because there is no evidence that 64 families put bricks on balconies or windowsills. Therefore, brick falling can only be inferred as a single behavior, but not as a majority behavior.

These residents put flowerpots on the balcony and did not take appropriate protective measures, which constituted dangerous behavior. The court supported the compensation request of the family of the deceased and sentenced 8 households to the same compensation.