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Legal provisions on the scope of property services
2. The object of property management in residential quarters The object of property management, management and service in residential quarters is firstly the residents of residential quarters. The management of residents is not to restrict their personal freedom, but to manage some behaviors when they live in the community.
3. Residential facilities management in residential quarters. According to the property management contract, the residential property management company is only responsible for the management of houses and ancillary facilities and equipment in residential quarters. The management pays attention to * * *. There are natural or man-made damages in the use of houses in residential quarters. Due to the use relationship between property owners and users, between different property owners, and between equipment in houses and public equipment, there are various links that need to be adjusted and managed. The management of public facilities in residential quarters is entrusted by the owners of municipal departments of each system, responsible for the operation status and results of each system and paying various related expenses.
The responsibilities and obligations of the property are as follows:
(A) the scope of property liability
1. Use, management and maintenance of property parts and facilities.
2. Maintenance of public greening.
3. Maintenance of environmental sanitation in public areas.
4. Assistance and management services for matters such as order maintenance and security in public areas.
5. Have the obligation to inform, dissuade and report the prohibited behavior in the use of the property.
6. Accounting management of property maintenance, renewal and renovation expenses.
7. Custody of property service files and property files.
8. Other property management matters.
(2) obligations of the property management company
1. Improve the service quality and level with the aim of serving the owners;
2. According to the property service contract, provide services such as security, sanitation and cleaning, daily maintenance of public parts and facilities and equipment;
3 according to the provisions of the announcement of the income and expenditure of property service fees;
4. Accept the supervision of the owners' committee and owners;
5. Assist relevant departments to provide community services and carry out community cultural activities.
Provisions of the Court of Jurisdiction over Property Disputes
(a) the infringement dispute to the defendant's domicile court.
If one party who signs a property management contract brings an infringement lawsuit against the other party, the provisions of Article 29 of the Civil Procedure Law shall apply and the people's court in the place where the infringement occurred or where the defendant has his domicile shall have jurisdiction.
Defendant's domicile
If the owner is the defendant, the owner's residence is both at the location of the property and outside the location of the property. It is not the owner who buys the property, but the location of the property is the location of his household registration. Therefore, it cannot be simply considered that the location of the property is the defendant's domicile; The domicile of a property management company refers to the location of its main business premises or main office premises, not the location where property management is implemented. However, because the property management contract is to implement property management at the location of the property, it should be considered that the location of the property is the place where the contract is performed.
(two) the contract dispute to the defendant's domicile court or the court where the contract is performed.
Contract disputes arising from property management contracts shall be governed by the provisions of Article 24 of the Civil Procedure Law, and lawsuits arising from contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
The scope of residential property management is as follows: According to Article 35 of the Regulations on Property Management, property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. 2. The responsibilities of residential property management are as follows: According to Article 45 of the Property Management Regulations, the property service enterprise shall stop the acts violating 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 time. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. Forty-sixth property service enterprises should assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise 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.
Legal basis:
People's Republic of China (PRC) Civil Code.
Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form.
Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.
Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.
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