Property obligation of civil code

1. What are the provisions of the Civil Code on the obligations of property service providers?

Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Second, the basic principles of property management

According to the nature and mode of service, the basic content can be divided into three categories: conventional public service, targeted special service and entrusted special service.

(1) Principle of clear rights and responsibilities: In the property management area, the rights and responsibilities of owners, owners' assembly, owners' committee and property management enterprises should be very clear, and the rights and responsibilities of all departments of property management enterprises should be clear. All the owners in a property management area form the owners' meeting, and the owners' committee is the executive body of the owners' meeting. Property right is the basis of property management right, and owners, owners' assembly or owners' committee are the main body and core of property management right.

(II) Owner-led principle: Owner-led refers to taking the owner's needs as the core and putting the owner in the first place in property management activities. Emphasizing the leading role of owners is the fundamental difference between modern property management and housing management under the traditional system.

(3) Service first principle: Every job we do is service, and property management must adhere to the principle of service first.

(4) Unified management principle: only one owners' meeting can be established in a property management area, and a property management enterprise can implement property management in a property management area.

(5) Principle of professional efficiency: unified management by property management enterprises does not mean that all the work must be undertaken by the property management enterprises themselves. Property management companies may entrust special services within the property management area to professional service companies, but may not entrust all property management within the area to others.

(VI) Principle of reasonable charges: funds for property management are the material basis for good property management. Property service charges should follow the principles of reasonableness, fairness and the adaptation of charges to service levels. To distinguish the nature and characteristics of different properties, the owners and property management enterprises shall make an agreement according to the relevant provisions. The fees charged should be acceptable to both owners and users, and they feel that the quality and price are consistent and the value is worth the money. Property management special maintenance funds shall be managed and used according to law. Property management companies can increase their income by implementing paid services and diversified operations.

(7) The principle of fair competition: Property management is the product of the socialist market economy. In a market economy, an open, fair and just competition mechanism should be implemented. When hiring a property management company, we should adhere to the bidding system, and the entrusting party will invite tenders. Generally, there should be more than three property management companies bidding, and the bidding should be open and fair.

(VIII) Principle of handling affairs according to law: The problems encountered in property management are very complicated and involve a wide range, and the whole property management process is always inseparable from laws and regulations. The property service contract signed according to law is a normative document with legal effect and the basic basis of property management.

Third, the classification form of property management

Residential property: refers to buildings with residential functions for people to live in; Including residential quarters, single residential buildings, apartments, villas, resorts and so on. ; Of course, it also includes supporting facilities, equipment and public venues. Commercial property: sometimes called investment property, refers to those properties that can obtain sustained growth returns or sustained appreciation through operation, which can be roughly divided into commercial service property and office property.

Commercial service property refers to all kinds of construction land for commercial and service industries, including shopping malls, department stores, supermarkets, specialty stores, chain stores, hotels, hotels, warehouses, leisure and entertainment places, etc. Office property is a place where managers (white-collar workers) engaged in production, operation, consulting and service industries work, and belongs to the category of production and operation materials. This kind of property can be divided into traditional office buildings, modern office buildings and intelligent office buildings according to the development process. According to the property grade of office buildings, they can be divided into Grade A office buildings, Grade B office buildings and Grade C office buildings.

According to the law, it can be known that the property service provider should carry out proper maintenance, conservation, cleaning, greening and management of some owners in the property service area according to the agreement and the nature of the property.

Legal objectivity:

Article 282 of the Civil Code of People's Republic of China (PRC) * * * The income obtained by the construction unit, property service enterprise or other managers from the owner * * * shall be owned by the owner * * after deducting reasonable expenses. Article 284 of the Civil Code of People's Republic of China (PRC) * * * The owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Article 943 of the Civil Code of People's Republic of China (PRC) * * * Property service providers shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.