Residential property does not act, but also charges, how should the owners jointly defend their rights?

At present, there are too many negative comments on property companies online, and many people even say that property companies should be abolished, and there should be street offices or community organizations to organize owners' autonomy. What is the reason? Most of them are property owners who don't do things and collect fees at random, so how can owners protect their rights in this case?

As a senior lawyer who has been practicing for 28 years, legal eye scanning answers this question.

First, property management companies should serve the owners, and now they mainly manage the owners.

1, property companies are mostly run by developers.

When developers sell commercial housing, they will generally set up a property company to manage the community, taking into account the owner's acceptance and maintenance company in the later period. On the one hand, in order to deal with the aftermath, the owners had better digest the problem in the property company, so as not to complain to the news media or the competent authorities, which is more unfavorable to the developers; Second, you can also use property services to make money again. After all, selling a house is a one-time sale, and the property company is a long-term flow.

2. As a legal person, property management companies have their own advantages in the face of a single owner.

Property management companies have management personnel, security guards, cleaners, plumbers and other maintenance personnel. Is a relatively large company, facing the owners, of course, has its own advantages. In the case that the services provided do not meet the requirements, individual owners are at a disadvantage.

Services provided by property companies are often discounted. Let's take the legal eye scan as an example. French eye scanning lives on the top floor. Once the roof leaks, he looks for property maintenance. The property said that overhaul fund should be used, but because two households failed to pay it, they could not use it. It is suggested that you go to those two households to collect it and study it again.

Hehe, the day lily got cold when it was harvested, so I finally had to spend my own money to repair the roof.

3. Property companies charge fees under various pretexts.

Parking fee, underground vehicle management fee, decoration deposit, worker pass, line loss fee, door-to-door maintenance fee, etc. The fees charged by the property management company have not been approved by the price bureau at all.

If the property management company can provide quality service after charging, that's fine, but it can't be done at all. The residential environment is dirty and messy, and access control management is like herding sheep. Some communities often lose things, and some communities bark in the middle of the night, which makes the owners very headache.

Second, how do owners jointly safeguard their rights?

1, the owners' committee should be established as soon as possible.

According to Article 15 of the Property Management Regulations, the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

See if the owners' committee can negotiate with the property company and sign a property service contract to safeguard the interests of the owners. If the property management company can't perform the property management service contract well, the industry committee can also terminate the property management service contract and re-employ the property management company.

Therefore, a community should set up an industry committee as soon as possible and appoint people who are enthusiastic and willing to serve the owners as members of the industry committee. Such an industry Committee will definitely consider the problem from the standpoint of the owner.

2, urge the property company to open books.

According to Article 6 of the Property Management Regulations

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

Owners have the right to know the use of other funds collected by the property company except property fees, such as elevator advertising fees, community express fees, community building advertising fees, etc. Presumably, the money should belong to the owner.

The industry Committee should reach an agreement with the property company on the ownership of this money. Who should it belong to? The legal provisions belong to all owners, so the property company has to pay out some management fees.

3. The industry committee shall employ lawyers as daily legal advisers.

The industry committee can also hire lawyers as perennial legal advisers to provide legal aid to the industry committee and the owners, so that lawyers can use their professional knowledge to defend the rights of the owners.