How should the property management office handle the fine imposed on the property management company?

1. Can the property management company fine the owner?

Property companies have no right to sanction. According to the provisions of China's administrative punishment law, administrative punishment should be implemented by administrative organs with the power of administrative punishment within the scope of legal functions and powers. The property management company is not an administrative organ and has no power of administrative punishment and no right to impose fines on the owners. Only power supply personnel can stop power supply to users according to the procedures prescribed by the state, and property management companies have no right to take measures to cut off water and electricity for owners under any circumstances. Article 15 of the Administrative Punishment Law shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers. Article 654 of the General Principles of the Civil Law: The electricity user shall pay the electricity fee in time in accordance with the relevant provisions of the state and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, he shall pay the liquidated damages in accordance with the agreement. If the electricity user fails to pay the electricity fee and liquidated damages within a reasonable period after being urged, the power supplier may suspend power supply in accordance with the procedures prescribed by the state.

According to the relevant provisions of the Property Management Regulations, the property needs to be responsible for the infrastructure construction and public order in the public areas of residential areas. If the owner violates the regulations on public security and environmental protection, such as stopping and putting things in disorder, destroying lawns, etc., the property management company should stop these behaviors of the owner and report them to the relevant administrative departments when necessary, and these departments will deal with the illegal acts of the owner according to law.

Second, the rights of property companies.

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) according to the property management contract and management measures to manage residential areas;

(three) in accordance with the property management contract and the relevant provisions of the management fee;

(4) have the right to stop the violation of rules and regulations;

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

⑥ Have the right to hire 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.

Three. Obligations of property management companies

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

(a) to perform the property management contract and operate according to law;

(2) Accept the supervision of the owners' committee and all owners;

(3) major management measures should be submitted to the owners' committee for consideration and approved by the owners' committee;

(four) accept the supervision and guidance of the real estate administrative department, the relevant administrative departments and the people's government where the residential area is located. To sum up, the property company has no right to sanction. The property management company is not an administrative organ and has no power of administrative punishment and no right to impose fines on the owners.

Legal objectivity:

Article 62 of the Regulations on Property Management, in violation of the provisions of this Ordinance and without the consent of the owners' meeting, if a property service enterprise changes the use of property management premises without authorization, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan. Sixty-third in violation of the provisions of this Ordinance, one of the following acts, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting: (1) changing the use of planned public buildings and * * * facilities in the property management area without authorization; (two) unauthorized use of property * * * with parts, * * with facilities and equipment for business. Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.