What are the rights and obligations of the property management company?

1. What rights and obligations does the property management company enjoy?

Rights enjoyed by property:

1. The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

2. If the owner violates the realty service contract or the laws, regulations and management regulations, and implements acts that hinder the realty service and management, and the realty service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and elimination of obstruction, the people's court shall support it.

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

4. If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

5. If the realty service enterprise claims the property fee from the owners' committee, the people's court shall inform it to claim the right from the owners who are in arrears with the property fee.

Obligations undertaken by the property:

1, fully perform the property management contract, maintain and repair the houses, facilities and public parts entrusted by the owners, and undertake the public security, fire fighting, greening maintenance, cleaning and cleaning of the residential quarters and the necessary convenience services for the owners and users in their daily lives;

2, accept the supervision of the property management committee and residents;

3, major management measures submitted to the property management committee for deliberation and decision;

4, accept the guidance and supervision of the housing and land management organs, other administrative organs and local street offices;

5, found in violation of laws, regulations and rules, to report to the relevant administrative organs in a timely manner.

The rights of property management companies in property management mainly include:

1 Formulate community management measures according to relevant laws and regulations and combined with actual conditions;

2. Manage residential quarters according to property management contracts and management measures;

Collect management fees in accordance with the property management contract and relevant regulations;

Have the right to stop violations of rules and regulations.

5. Have the right to request the owners' committee to assist in management;

6. Have the right to choose franchise companies (such as cleaning companies and security companies) to undertake special management business;

7. Diversification can be implemented to supplement the management funds of the community with its income.

Second, what rights do owners enjoy?

1 If the property is under any of the following circumstances, and the owners' committee or the owners request to confirm that the contract or the relevant clauses of the contract are invalid, the people's court shall support it:

(1) The entrustment contract in which the realty service enterprise entrusts all realty service businesses in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

2. If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

3. If the realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

4. If the owner requests the realty service enterprise to refund the illegal fees charged by it, the people's court shall support it.

5. After the owners' congress has made a decision to dismiss the realty service enterprise in accordance with relevant legal procedures, the people's court shall support the owners' committee's request to terminate the realty service contract.

6, after the termination of the rights and obligations of the realty service contract, the owners request the realty service enterprise to refund the property fees received in advance, but the realty service has not been provided, the people's court shall support it.

7. After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service place and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

8. If the realty service enterprise refuses to withdraw or hand over and requests the owner to pay the realty fee after the termination of the rights and obligations of the realty service contract on the grounds of the existence of the de facto realty service relationship, the people's court will not support it.

Legal basis:

Article 47 of the Regulations on Property Management: The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

The above is the latest legal knowledge of what rights and obligations the property management company enjoys for you. To sum up, property companies can charge property management fees to owners, and at the same time, property companies should serve owners and create a good living environment.