What is the responsibility of the property management department?

The staff of the property management department are responsible for the management and maintenance of the community and have legal responsibilities. Everyone needs to stick to their duties. The following is the information I have compiled for you about the job responsibilities of the property management department. I hope you like it!

Responsibilities of Property Management Department

Responsibilities of the general manager of a property management company:

1, fully responsible for the implementation of integrated property management under its jurisdiction, and complete the annual management objectives and economic indicators signed with the company.

2. Make annual and monthly work plans for supply management and organize their implementation, and accept the guidance and supervision of the head office and superior departments in business.

3, responsible for inspection and supervision of the implementation of the system.

4, reasonable deployment of personnel, coordination of post division of labor and cooperation, responsibility to people, at the same time care about the lives of employees, to ensure that managers have a good mental outlook and positive work attitude.

5. Be responsible for the examination and approval of property decoration under its jurisdiction, coordinate and handle violations and complaints, and implement safety and fire prevention work.

6. Coordinate the relationship between this department and water supply, power supply, industry and commerce, property management and other relevant departments to facilitate all work.

7. Seriously complete other duties of the management office and other tasks arranged or entrusted by the company.

Responsibilities of Deputy General Manager of Property:

1, coordinate the general manager to complete all the work of this management office.

2. Seriously complete all the work in charge.

3. Acting as the general manager in his absence.

4, have the right to put forward the rewards and punishments for subordinates to the general manager of construction.

5, in accordance with the relevant provisions of the labor department personnel, under the company's planning, according to the procedures for the management office recruitment, transfer of staff affairs, to deal with the abuse of the department's private recruitment.

6. Have the right to handle customer complaints within the scope of their duties.

7, have the right to deal with emergencies within the scope of work.

8. Have the right to arrange the work of subordinates by themselves.

Legal responsibility of property management

There are many legal responsibilities of property management, including: public law responsibility and private law responsibility; Fault liability, no-fault liability and fair liability; Post responsibility and personal responsibility; Property liability and non-property liability, etc. According to the different contents of legal liability, it is generally divided into four categories: civil legal liability, economic legal liability, administrative legal liability and criminal legal liability. The legal liability for violating the Constitution does not belong to the legal liability scope of property management. All kinds of legal liabilities can occur independently or simultaneously with other legal liabilities. In other words, an illegal act does not necessarily bear only one legal responsibility. On many occasions, the actor has to bear more than two kinds of legal responsibilities, that is, the so-called legal responsibility compound phenomenon appears.

(1) Civil legal liability

It refers to the adverse consequences of civil law that the civil subject must bear in violation of civil legal obligations in accordance with the provisions of civil law (including contract law). The main feature of civil legal liability is that it is mainly a property liability, and the content of civil liability can be agreed by the parties themselves. Civil legal liability can be divided into two categories: liability for breach of contract and liability for tort. There are 10 ways to bear civil liability stipulated in Article 134 of the General Principles of Civil Law in China, which can be applied separately or in combination.

(1) Stop the infringement. Refers to the infringement that the actor is carrying out, and the victim has the right to ask him to stop or ask the people's court to stop.

2 remove obstacles. It refers to the right of the obligee to request the actor to remove the obstruction or the people's court to forcibly remove the obstruction when others illegally exercise their rights.

③ Eliminate danger. It means that when there is a danger of causing property or personal injury, the obligee has the right to ask the actor to eliminate it or ask the people's court for compulsory elimination.

4 return the property. It means that when the actor illegally occupies the property of the obligee, the obligee has the right to request the return of the property.

⑤ Restore to the original state. It means that when the property is illegally damaged or the performance status changes and it is possible to restore it, the victim has the right to request that the property be restored to an undamaged or unchanged state.

⑥ Repair, redo and replacement.

⑦ Compensation for losses. Refers to the actor filling the victim's losses with his own property.

⑧ Pay liquidated damages. Refers to the defaulting party paying a certain amount of money to the other party according to the law or the agreement of the parties.

Pet-name ruby eliminate influence, restore reputation. It means that citizens or legal persons have the right to ask the actors to openly admit their mistakes, clarify the facts, or dispel rumors and eliminate adverse effects when their personal rights are illegally infringed, so as to restore their good social evaluation of their conduct, talents or credit when they are not harmed.

Attending to apologize. It means that when a citizen or legal person's personality right is illegally infringed, the obligee can ask the actor to admit his mistake in person and apologize to protect his personal dignity.

(2) Administrative legal responsibility

It refers to the adverse retribution in administrative law that the administrative subject or administrative counterpart must bear according to law because of violating administrative laws and regulations. Administrative legal responsibility is divided into two categories: one is called illegal administrative responsibility, which refers to the adverse legal retribution caused by the illegal and dereliction of duty of administrative organs and their staff in the implementation of administrative acts, which is generally manifested in giving administrative sanctions to the person directly responsible or the person in charge of the unit; Another kind of administrative illegal responsibility refers to the adverse legal retribution that the administrative counterpart should bear according to law because of its violation of administrative regulations.

The ways to assume administrative responsibility are generally divided into three categories:

(1) Administrative penalty. Article 2 of China's Administrative Punishment Law clearly stipulates that the types of administrative punishment include: warning; Fines; Confiscation of illegal income and property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations.

② Administrative sanctions. It refers to an internal punishment given by state organs, enterprises and institutions to their subordinates for minor violations of law and discipline according to national laws, regulations or rules and regulations of state organs, enterprises and institutions, which mainly includes warning, demerit recording, demotion, salary reduction, dismissal, probation and expulsion.

③ Reeducation through labor. Administrative measures to implement compulsory education and reform for offenders who violate the law slightly but are not enough to give criminal punishment.

(3) Economic and legal responsibilities

Refers to the adverse legal retribution that the subject of economic and legal relations should bear in violation of economic laws and regulations. Because the economic legal relationship is actually composed of administrative legal relationship and civil legal relationship, its legal responsibility is basically the same as that of violating administrative law and civil law, but when the economic responsibility system combining contracting with other rights is used to investigate the responsibility of violating economic responsibility system, it has the characteristics similar to administrative contract.

(4) Criminal legal responsibility

It means that the illegal behavior of the actor (including natural persons and legal persons) has constituted a crime that violates the criminal law, and the criminal law must bear adverse retribution according to law. This is the most severe sanction and retaliation. The way to bear criminal responsibility is criminal punishment, which is divided into two categories: first, the principal punishment, including controlled criminal detention, fixed-term imprisonment, life imprisonment and death penalty; The second is supplementary punishment, including fines, confiscation of property and deprivation of political rights. In the special normative documents of property management in various places, it is generally not stipulated that the illegal acts of civil subjects and administrative counterparts constitute crimes and shall be investigated for criminal responsibility according to law. Most of them expressly stipulate that: if the staff of the property management administrative department neglects their duties, abuses their powers, engages in malpractices for selfish ends, commits corruption and accepts bribes, they shall be given administrative sanctions by their superior departments or units; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

The legal liability of property management can be divided into three types according to the nature of the way of taking responsibility: sanctions, coercion and relief. Sanctions are punishment and punishment. Sanctions are actually a kind of legal damage to the rights of criminals or make criminals assume a new unfavorable obligation. Its purpose is to make offenders take a warning and never do it again. Coercion refers to forcing criminals to perform their original legal obligations or newly added compulsory obligations as punishment. The implementation of legal responsibility and the realization of sanctions are backed by coercion. From this point of view, coercion is the last means to make the offender bear legal responsibility. Relief generally refers to the legal relief that should be given according to law when the actor's tort or breach of contract damages the legitimate rights and interests of the other party, which is divided into administrative relief and judicial relief. Remedial legal responsibilities mainly include compensation, restitution, return of property, apology and performance of duties.

Characteristics of property management disputes

1. At present, China has basically realized the commercialization of housing, and property management disputes are a new type of cases with the emergence of housing commercialization and housing management marketization. In recent years, people's requirements for living conditions and living environment are getting higher and higher, which drives the real estate development industry to heat up. The supply of houses in various places is in short supply, and house prices are constantly being renovated, which is followed by an increase in property management disputes caused by buying houses year by year. This trend is widely manifested in courts all over the country.

2. From the subject of litigation, compared with the individual owner, the property service enterprise, as an enterprise, is still a strong subject, and generally there are relatively fixed professional lawyers responsible for the legal business of the enterprise. Therefore, it has advantages over the owner in legal knowledge, evidence collection, litigation experience, and even avoidance of responsibility in the contract. Therefore, for this new type of property management dispute, because it has not been produced for a long time in our country, both the judges trying the case and the property service practitioners are still in the stage of continuous exploration, so it is not surprising that the owners are not worth the loss in the lawsuit.

3. From the analysis of the cause of action, the cause of action brought by the property service enterprise as the plaintiff is relatively simple. Almost all the cases of 107 are due to the default of property management fees, while the 27 cases brought by the owner as the plaintiff show a diversified trend in the cause of action, including the breach of contract caused by the service provided by the property service enterprise that does not meet the contract requirements, the property service enterprise arbitrarily increases the management fees or occupies the green space, and the existence of * * * areas and properties.

Litigants usually file lawsuits as plaintiffs when their rights are infringed. The oneness of the rights and obligations of the property company is the oneness of the rights and obligations for the owners, which determines the oneness of the cause of action of the property service enterprise and the diversity of the cause of action of the owners.

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