Property management companies can be divided into several categories according to the nature of their business.

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property management company

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property management company

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property management company

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Definition: Property management company is referred to as property company for short. Property management company is an economic entity with independent legal personality, specializing in the professional management of permanent buildings, ancillary equipment, facilities, related sites and surrounding environment, providing a good living or working environment for owners and non-owners.

As an independent enterprise legal person, a property management company must have a clear business purpose and a management charter approved by the competent department of the industry, and be able to independently bear civil and economic legal responsibilities. Property companies must operate independently, be responsible for their own profits and losses, and develop by themselves.

nature

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The nature of a property management company is determined by the nature of property management. Property management is service-oriented, so are property management companies. Property management companies do not produce products, but provide services and enjoy preferential policies for the tertiary industry. The nature of property management companies has the following characteristics:

First, the property management company is an independent enterprise legal person. Property management company is an independent accounting and self-financing economic entity established in accordance with legal procedures, which is engaged in property management activities and provides comprehensive services and management for owners and tenants. The main signs of a property management company as an enterprise are that it has certain funds and equipment, is qualified as a legal person, can independently complete property management and services, operate independently, conduct independent accounting, enjoy civil rights in its own name and bear civil liabilities. Therefore, in addition to the professional characteristics of the industry, property management companies should follow the market competition rules of enterprise legal persons like other enterprises, such as paying attention to quality, reputation and efficiency. Therefore, the property management company is an independent enterprise organization with independence and autonomy in property management activities.

Second, property management companies belong to service enterprises. The main function of the property management company is to create a comfortable, convenient, safe and elegant working and living environment for the owners and tenants through the management of the property and the provision of various services. As a non-productive enterprise, property management companies mainly provide services to owners and tenants through the maintenance and cleaning of properties to achieve their work goals. So in essence, there is only one "product" of a property management company, and that is service. The service provided by the property management company is paid, which is the business and economic behavior of the enterprise.

Third, property management companies have undertaken some special administrative functions to a certain extent, so they are an important part of urban modernization at this stage. As China's urban construction management system is in the process of reform and development, some management functions and authorities have not been completely transformed and defined, so property management companies not only provide services for owners and tenants, but also undertake some functions of relevant government departments in urban management, such as the quality and safety of buildings and municipal facilities in residential quarters.

The Property Management Regulations, which came into effect on June 65438+1 October1,2007, changed "property management enterprise" to "property service enterprise", which essentially changed the function of property management company from management to owner service.

type

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According to different classification standards, property management companies can be divided into different types.

(A) according to the form of existence

Property management companies are divided into independent property management companies and property management companies affiliated to real estate development enterprises according to their existing forms. These two types of companies are relatively common at present. The independence and specialization of the former are generally high; However, the development of the latter is obviously unbalanced, some are only specific projects developed by the company in management, and some have developed into independent, professional and socialized property management enterprises.

(2) According to the service scope.

Property management companies are divided into comprehensive property management companies and professional property management companies according to the scope of services. The former provides all-round and comprehensive management and services, including the management, repair and maintenance of property ownership and various services provided to households; The latter implements professional management of a certain part of property management, such as specialized decoration companies, maintenance companies, cleaning companies, security companies and so on.

(three) according to the nature of enterprise ownership.

According to the nature of enterprise ownership, property management companies can be divided into property management companies owned by the whole people and property management companies owned by groups, wholly foreign-owned, joint ventures or joint-stock companies, and private companies. At present, property management companies owned by the whole people and collectively account for the majority, and the private nature is on the rise. Property management companies in China, Hongkong and other places have rich management experience, so it is a force to be reckoned with to be optimistic about the mainland property management market.

(four) according to the management level.

Property management companies can be divided into single-layer property management companies, double-layer property management companies and multi-layer property management companies according to management levels. Single-storey property management companies are composed of managers and capable personnel, and there are no workers, but specific tasks are handed over to specialized property management companies or other work teams through contracting; Two-tier property management companies include administrative management and operation layer, and the operation layer implements specific business management, such as house maintenance, cleaning, decoration and service activities. Multi-storey property management companies are generally large in scale and have a wide range of management, or they have their own branches or their own specialized operating companies, such as cleaning companies and garden companies.

With the in-depth development of the property management industry, property management companies will further develop in the direction of intensification, collectivization and internationalization, which will not only create economies of scale, but also help to save management costs, implement brand management and promote the standardized and socialized development of property management companies.

(five) according to the qualifications of enterprises, one or two property management enterprises.

Relationship with owners and users

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Entrusted by owners and users, property management companies manage and maintain their properties and provide various services to owners and users. The relationship between property management companies and property owners and users is the relationship between entrustment and entrustment, service and service.

(a) the composition of the owners and property users

The composition of property owners (owners) and users (users) is relatively complicated. Generally speaking, it can be roughly divided into two categories: one is a corporate body and the other is a private user.

1, corporate body

Corporate bodies can be divided into enterprises, institutions and social groups. As the owner of the property, the legal person group means that the owner of the property is not a natural person or individual, but an enterprise, institution or mass organization. Enterprises include companies, institutions and social organizations of various natures and industries, including government agencies, various associations and so on. Anyone who buys or leases a property in the name of a corporate body constitutes the owner or user of the property.

2. Private users

Residential, office buildings, commercial real estate and other properties, a considerable part of their property rights or use rights belong to individuals, especially residential, private owners and users account for the vast majority. The composition of private users is also very complicated. As far as household registration is concerned, there are locals, outsiders and outsiders. As far as identity is concerned, there are entrepreneurs, state civil servants, self-employed, teachers, white-collar workers, returned overseas Chinese and so on. As far as income level is concerned, there are high-income households, middle-income households, working-class households and low-income households. But no matter what kind of people, as long as they are the owners or users of the property, they are private users of the property and enjoy the rights and obligations that the owners and users of the property should have.

(two) the owners' management committee and the owners' congress

According to Article 6 of Decree No.33 issued by the Ministry of Construction, "Residential District Management Committee (hereinafter referred to as' Management Committee') shall be established in residential areas. The management committee is composed of representatives elected by real estate owners and users in residential areas under the guidance of real estate administrative departments, representing and safeguarding the legitimate rights and interests of real estate owners and users in residential areas. "

The management committee is elected by the owners and users and represents the legitimate rights and interests of the owners and users. The management committee is a permanent organization involved in property management. The rights of owners and users are mainly realized through the management Committee.

Under normal circumstances, if the delivered construction area of the property reaches more than 50%, or the delivered construction area reaches more than 30% but less than 50% and has been used for more than one year, the first owners' meeting shall be held to elect the management committee. After that, the management committee will convene the owners' meeting. Under normal circumstances, the owners' meeting is held once a year, and can be held at any time under special circumstances. The decision of the owners' meeting must be passed by more than half of the voters. If the owner is unable to vote for some reason, he may entrust a user or other agent to vote on his behalf.

The main tasks of the owners' meeting are: ① Election management committee; (2) To supervise the work of the management committee; (3) Hearing and deliberating the work report of the Central Military Commission; ④ Listen to the opinions and suggestions of the owner; ⑤ Study and solve inappropriate decisions of the Central Military Commission; ⑥ Discuss other issues that need to be studied.

When the owners' congress is not in session, the elected management committee shall implement the decisions of the owners' congress and be responsible for the daily work.

The rights of the CMC include: ① to formulate the articles of association of the CMC and safeguard their legitimate rights on behalf of the owners and users; (2) Deciding to hire or renew the appointment of a property management company; (3) Review the annual management plan formulated by the property management company and the major measures for community management services; (4) Check and supervise the implementation of various management work and the implementation of rules and regulations.

The obligations of the CMC include: ① to inspect and supervise the management of the property management company according to the opinions and requirements of the owners and users; (2) assist the property management company to carry out management work; (3) Accept the supervision of the owners and users; (4) Accept the supervision and guidance of the real estate administrative department, relevant administrative departments and the people's government where the property is located.

(C) the relationship between the property management company and the CMC

CMC and property management companies are both property management institutions. The former is the decision-maker, client and supervisor, while the latter is the operator, trustee and executive manager. They are equal in status and contractual in two-way market choice. Legally, the CMC has the freedom to entrust or not to entrust the property management company, and the property management company also has the freedom to accept or not to accept the entrustment; In the organizational relationship, there is no relationship between leader and led, management and managed, but a cooperative working relationship that does not interfere with each other's internal operations.

What are the relevant processes of property management in the early stage and how to sign the letter of commitment [1]

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Do you know the relevant process of property management in the early stage? What is the formulation and approval process of the owners' convention? How to sign a letter of commitment? Now, let's take a look at the following information, I believe we will have a clear understanding of these issues!

A, residential property takeover and acceptance process

1. Application for acceptance: After all the construction projects of residential quarters have been completed and passed the acceptance of various projects, the construction unit shall submit a written application for comprehensive acceptance of residential quarters to the comprehensive acceptance department of residential quarters, and submit relevant documents and materials.

2. Preliminary review: After receiving the application and relevant documents, the comprehensive acceptance office of residential takeover will conduct preliminary review and report it to the leading group for comprehensive acceptance of residential takeover for approval.

3. Certificate: After the acceptance of the residential quarter is qualified, the comprehensive acceptance department of the residential quarter will issue the acceptance certificate documents such as the Comprehensive Acceptance Report of the Completion and Handover of the Residential Quarter, the Special Confirmation of Various Professions of the Residential Quarter, and the Comprehensive Acceptance Confirmation of the Completion and Handover of the Residential Quarter.

4. Acceptance and filing: After the comprehensive acceptance of the takeover of the residential area is qualified, the approval letter for the comprehensive acceptance of the takeover will be issued, and the construction unit will submit the relevant documents and materials for the planning and construction of the residential area to the municipal, district (county) Bureau of Land and Housing Management for filing as required.

Second, the formulation and approval procedures of the owners' convention

1, real estate project selling units in the sale of commercial housing, must formulate the "property management convention", and report to the municipal demolition office for approval.

2, real estate project sales units in the pre-sale permit for commercial housing, must provide the "property management convention" approved by the municipal community office.

3, real estate project sales units in the sale of commercial housing, must express the contents of the "Property Management Convention" to the buyers.

Third, the process of signing the owners' convention and commitment letter.

1. When selling commercial housing, the sales unit must express the contents of the property management convention to the purchaser, and sign a letter of commitment to abide by the property management convention with the purchaser and the property management enterprise.

2. The sale of pre-sold commercial housing shall be submitted at the time of pre-sale registration, and the letter of commitment signed by the buyer, the sales unit and the management unit to jointly abide by the convention.

3. If a contract for the sale of commercial housing is signed, a letter of commitment to abide by the convention signed by the purchaser and the sales unit and management unit shall be submitted when handling the transfer formalities of commercial housing transactions.

4. When handling the pre-sale commercial housing registration procedures and transaction transfer procedures, the county Guotufangguan Bureau should take the verification commitment letter as the basic requirement.

Four. Formulation and delivery of "Housing Quality Guarantee"

1. Provision of guarantee: When the seller delivers the newly-built commercial house for sale to the buyer of the commercial house, it must provide a guarantee of residential quality, which can be used as a supplementary agreement in the commercial house sales contract.

2. Warranty responsibility: The Residential Quality Guarantee is the legal basis for the sales unit to bear the quality responsibility for the commercial housing sold, and the sales unit shall bear the warranty responsibility according to the agreement in the Residential Quality Guarantee.

3. Entrusted warranty: After the commercial housing is sold, if the sales unit entrusts the management unit or other units for maintenance, the entrusting unit shall be clearly indicated in the residential quality guarantee.

4. Warranty period: The warranty period of the house shall be calculated from the date when the seller delivers the house to the purchaser for use, and the warranty period shall not be less than the warranty period clearly stipulated by applicable laws and regulations. Units selling houses can extend the warranty period.

Verb (abbreviation of verb) The process of compiling and delivering residential instruction manual

1. When the sales unit delivers the newly-built commercial housing to the buyer for sale, it must provide the residential instruction manual.

2. For the equipment and facilities in the commercial house, if the manufacturer has another instruction manual, the Instruction Manual for Residential Use shall be attached.

3, while the unit in the "residential instructions" in the rational use of residential should be prompted. For quality problems caused by improper use or unauthorized change of structure, equipment location and improper decoration, the selling unit shall not be liable for warranty; If the house quality is damaged or other users lose due to improper use or unauthorized modification of the structure, the responsible person shall bear corresponding responsibilities.

Signing and management of property management contract in the early stage of intransitive verbs

1. According to the principle of separating real estate development from property management, Xu, the house selling unit, selects a property management enterprise with corresponding qualifications to be responsible for property management through bidding.

2. Before the owners' committee selects a property management enterprise, if the selling unit selects a management unit, it shall sign a written preliminary property service contract.

3. The selling unit shall incorporate the contents agreed in the previous property service contract into the sales contract signed with the buyer of commercial housing.

4. In order to protect the legitimate rights and interests of the parties to the preliminary property management contract and reduce property management disputes, the Ministry of Construction has formulated a model text of the preliminary property management service agreement for the parties to the preliminary property management to choose and determine the terms of the service agreement according to the actual situation.

5. From the date when the house is sold to the date when the owners' committee re-entrusts the management unit, the selling unit selects the management unit and signs a preliminary property service contract with it to conduct preliminary property management.

6. When the management unit undertakes the property, it shall inspect the * * * part of the property and the * * * facilities and equipment, and go through the property acceptance formalities. Units selling houses shall bear the responsibility for property warranty in accordance with the warranty period and scope stipulated by the state.