How to understand the relationship between Chapter VI of Privilege Law and property management?

To put it simply, this article of the Property Law emphasizes the provisions on the relationship between property service enterprises or other managers and owners. Then, what to maintain this relationship for a long time, in fact, the answer is "property management contract."

Attachment: Interpretation of Articles of Property Law

law of property

Chapter vi

Article 82 The relationship between the realty service enterprise or other manager and the owner. The realty service enterprise or other manager manages the buildings and their ancillary facilities within the building division according to the entrustment of the owner, and accepts the supervision of the owner.

Explain that this article is about the relationship between property service enterprises or other managers and owners.

According to the provisions of Article 81 of the Property Law, owners can choose property service enterprises or other managers to manage buildings and their ancillary facilities within the building division. The methods and procedures for selecting and appointing realty service enterprises or other managers shall be decided by the owners in accordance with the provisions of Article 76 of this Law. After hiring a realty service enterprise or other manager, the owner shall sign a realty management contract and entrust the management right of the building and its ancillary facilities to the selected realty service enterprise or other manager.

Article 35 of the Regulations on Property Management stipulates that the owners' committee shall conclude a written property service contract with the property management enterprise selected by the owners' congress. Therefore, there is a contractual relationship between the owner and the property service enterprise or other managers.

In the realty service contract, the owner shall stipulate the scope of authority of the realty service enterprise or other managers entrusted by himself, the rights and obligations of both parties, the contract term and the liability for breach of contract. The Property Management Regulations stipulate that the property service contract shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

After signing the entrustment contract with the owner, the realty service enterprise or other managers shall provide corresponding services to the owner in accordance with the contract. Article 36 of the Property Management Regulations stipulates that if a property management enterprise fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

When a property management enterprise undertakes the property, it shall go through the formalities of property acceptance with the owners' committee. A property management enterprise may entrust the special service business within the property management area to a professional service enterprise, but may not entrust all the property management within the area to others.

Property management companies can provide services beyond those stipulated in the property service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties.

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it shall not charge any additional fees such as handling fees to the owners.

Property management enterprises shall stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use in the property management area, and report to the relevant administrative departments in a timely manner.

Property management enterprises shall assist in the safety work within the property management area. 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.

Whether the property management conforms to the contract involves the normal and effective operation of buildings and their ancillary facilities within the building division, public security, environmental protection, sanitation, fire control and many other aspects within the building division, the vital interests of each owner and the harmony and stability of society. Therefore, in the process of performing the realty service contract, the realty service enterprise or other managers shall accept the supervision of the owners.

The Measures for the Administration of New Urban Residential Quarters stipulates that the obligations of property management enterprises are:

Fulfill the property management contract and operate according to law;

Accept the supervision of the residential area management committee and residents;

Accept the supervision and guidance of real estate administrative departments, relevant administrative departments and people's governments where residential areas are located.

The Regulations on Property Management stipulates that the owners' committee shall keep abreast of the opinions and suggestions of the owners and users of the property, and supervise and assist the property management enterprises to perform the property service contracts. The owner's supervision of the realty service enterprise or other managers can take the following different forms, such as criticizing and suggesting the realty service enterprise to perform the contract, and inquiring about all kinds of archives and materials related to the realty management formed by the realty service enterprise in the process of performing the contract. Inquire about the charges of property service enterprises, etc. The owner's supervision over the property service enterprises is conducive to better providing services to the owners and fulfilling the obligations stipulated in the contract.

Thanks for adoption, for reference only!