I urgently need the handover contract between the property company and the developer and the matters needing attention? And a complete set of property management rules and regulations? Knowledgeable f

I urgently need the handover contract between the property company and the developer and the matters needing attention? And a complete set of property management rules and regulations? Knowledgeable friends, please help! thank At present, many property management communities have gradually entered the handover stage of new and old property management companies. The property management company appointed by the previous development company withdrew from the community, and the new property management company elected by the industry Committee entered the community. In the process of management transfer, many contradictions and disputes appeared, and even military disputes were brought to court. The solution of these problems is related to the interests of property management companies, the stability of residential areas and social stability, and should be highly valued by all parties concerned.

The transfer of property management rights is often legal in the whole procedure, and the establishment of industry committees is also legal, and it is filed in the community; The property service contract signed is legal; The bidding process is legal and is conducted through a regular bidding company. Eventually ended in failure. Considering the property management company itself, there are two reasons. First, the situation and background of the original property management company are not thoroughly understood; Second, we didn't do a good job in market analysis, didn't fully realize that the handover of old and new property management companies in the property management market was not standardized, and we were too optimistic to enter the newly developed market, and didn't take into account the complexity of the market. From the outside world, I personally think that there are reasons why the government management is not in place, and there are also reasons why the positioning of the industry Committee is inaccurate and not in place. After problems occur, the management system lags behind and there is no basis for implementation.

A, property management transfer documents

The property management enterprise shall handle the following handover matters with the owners' committee within 10 days from the date of termination of the contract:

1, completion acceptance data. Including the completion general plan, single building, structure, equipment completion drawing, supporting facilities, underground pipe network project completion drawing and other information.

2. Technical data. Including the installation, use and maintenance of facilities and equipment.

3. Property quality warranty documents and property use documents.

4, the implementation of property management during the formation of the relevant maintenance, conservation, renewal, transformation and other technical information.

5 other materials necessary for the use, maintenance and management of the property. For example, the planning and construction of property.

6. Save special maintenance funds.

7. Property management office space, cleaning space and storage space.

8. Assets and articles purchased with property service fees during the working period.

After obtaining the consent of the owners' committee, the property management enterprise may also handle the handover to the property management enterprise re-selected by the owners' congress. The handover between property management enterprises should be done well and supervised and confirmed by the owners' committee.

Second, matters needing attention

(1) Relevant problems existing in documents and regulations

1. The specific content of handover needs to be refined. Although the Property Management Regulations stipulate the content of handover, it is rather general, and it needs to be further standardized by formulating relevant rules, including the materials (such as property records, equipment, customer information, etc.) needed for the new property management company to successfully carry out management services in the future.

2, after the question, can refer to the system is too general. There are no specific rules on how to handle disputes and what rules to follow to make economic claims.

3. Problems left over from history are difficult to solve. Developers have a weak sense of social responsibility, short-sighted development, too much emphasis on economic benefits, and neglect the quality and future use of houses, which often leads to a series of contradictions and disputes for property management services when owners live in the later period. When the old and new companies are handed over, because both sides consider their own interests, the contradiction will become more intense.

4. It's hard to talk about the charge. The original company could not publish the payment in detail, and the unpaid payment was not published, which led to confusion in revenue and expenditure, and there was no supervision agency to supervise the expenditure. The public says that the public is right, and the woman says that the woman is right. It is easy to be confused when handing over, and it can't be handed over smoothly. Even if it takes over, it is prone to problems and cannot provide good services to the owners.

Although there are various problems in the handover of old and new property management companies, such as the legacy of developers, lagging policies and regulations, and irregular property management behavior, there are also many successful handover cases, such as Everbright Property Management Co., Ltd., which was newly hired by the owners' committee of Wanbang Building, successfully took over the community. The members of the industry Committee are very professional, and they also hired property management experts and legal advisers to manipulate this matter; With the help of the government, the government attaches great importance to this matter from the filing of the industry Committee, the bidding process and the handover of new and old management rights, which has given great hijacking; The preliminary investigation of the newly hired property management company was in place, and various situations of the community were investigated in advance, such as arrears, equipment, service quality and standards provided by the original company, and membership structure of the industry Committee. The most crucial point is that the owners owe less management fees to the original property management company.

(B) As a new property management company matters needing attention

It should be said that the entry pressure of the new property management company is much smaller than the exit pressure of the original property management company, because it has no historical "legacy" problems, and generally it will not cause too much loss if it cannot take over the property temporarily. However, faced with the temptation of new market profits, the new property management company is still eager to take over the property as scheduled. However, due to the above reasons, when new property management companies enter the community for management, they are often resisted by the original property management companies. If the new property management company is irrational and calm, it will lead to violent conflicts. In real life, old and new property management companies manage property communities at the same time, and tit-for-tat situations have occurred more than once.

This requires the new property management company to pay attention to the following points:

1. We should actively strengthen communication and consultation with the owners' committee and the original property management company, and strive to reach a mutually acceptable solution and handover plan.

2. Don't confront the original property management company, because the new property management company signed a property service contract with the owners' committee and has no direct legal relationship with the original property management company. The new property management company should claim rights directly to the owners' committee based on the agreement of the property service contract, instead of claiming rights from the original property management company.

3. Actively cooperate with and participate in the property acceptance and data transfer between the owners' committee and the original property management company, find and solve problems in time, and put an end to possible disputes in the future. In accordance with the requirements of laws and regulations, do a good job of acceptance and data transfer with the owners' committee, and make signature records.

4. The legal liability of the new property management company is based on the effective time of the property service contract, not on the fact that the original property management company withdrew and completed the handover work. Therefore, if the new property service contract comes into effect and the owners' committee cannot hand over the property, the new property management company can be exempted from the responsibility of providing services that are not in place. If the property has been handed over, the new property management company should bear the legal responsibility for the inadequate service. If the inadequate service is really caused by the "legacy" of the original property management company, the new property management company can recover from the original property management company after assuming the corresponding liability for compensation to the owners. The new property management company should be aware of this and try to make relevant preparations for property management in advance.

In addition, relevant government departments play an important role in resolving disputes over property management transfer. As the "Regulations" only put forward some principled provisions, local real estate authorities should formulate more detailed specific implementation measures for the handover of new and old property management companies, and should clearly stipulate the procedures and legal responsibilities of property management handover. For example, clearly define the time limit and procedures for the transfer of property management, clearly define the legal responsibility of the owners' committee for abusing rights or making illegal decisions, clarify the legal responsibility of the property management company for refusing to quit the property community, not handing over relevant property management materials without legal reasons or handing over incomplete information, and clarify the asset disposal methods that the original property management company has invested in the construction of the community.

Third, there are problems.

1. If the owners' committee fails to act during the takeover, can the property management company sue?

If the property management company has suffered great economic losses, can the new property management company sue the other party?

It is not impossible to consider suing the owners' committee, but first of all, the owners' committee is not an independent economic entity or legal person. According to the relevant judicial interpretation of the people's court, when the owner breaches the contract, the owners' committee can only respond as the defendant. It is unrealistic in the actual operation process and difficult to implement. As a new property management company, it has invested a lot, but unfortunately it is difficult to get compensation through normal legal channels.

2. In what aspects should property management companies adjust their business ideas?

First of all, we should strengthen team building and risk aversion awareness, and we should not blindly compete in the market. We should fully investigate and analyze the current situation of the industry, and then take corresponding economic actions. Secondly, we should pay more attention to the feasibility and reasonable details of economic behavior, because the property management industry is not a low-risk industry, especially in the case of irregular competition and incomplete rules at this stage, there are great operational risks.