Relationship between property and property management

Basically, each community has supporting property management measures, and the property service contracts signed by different property companies and owners' congresses may be different, but they are basically the same. First, what is property management? Property management refers to the activities that the owners manage or entrust the property service enterprises or other managers to manage the buildings, facilities, equipment, places and venues owned by the owners, and distinguish all buildings and buildings, places and facilities within the building division; The Property Law stipulates that the owner can manage the property by himself or entrust the property service enterprise or other managers to manage it. Property management can be divided into narrow sense and broad sense; In a narrow sense, property management refers to the activities that owners entrust property service enterprises to maintain and repair buildings and their equipment, municipal public facilities, greening, sanitation, transportation, living order and environmental appearance according to the entrustment contract; Property management in a broad sense should include the process of joint management by owners and the management process entrusted by property service enterprises or other managers. Second, what is the specific scope of property management? 1. House maintenance management is the main aspect of real estate management. Maintain and manage the house and its equipment, ensure that the house and equipment are suitable under normal conditions, and are not damaged due to unreasonable facilities and improper use, and keep the house and equipment in good condition. By repairing houses and facilities, the service life of houses and facilities will be extended and natural elimination will be reduced. Give full play to the efficiency of houses and equipment and safeguard the legitimate rights and interests of owners and users. 2. Greening management Formulate and implement regulations on greening management in residential areas to provide warm and elegant living environment for property owners and users. 3. Health management provides high-quality sanitary environment areas for owners and users to meet their living needs. 4. Public security management includes the safety management of buildings and their equipment and facilities, the personal safety management of property owners and users, the property safety management, and the formulation and implementation of safety measures such as fire prevention and theft prevention. 5. Management of parking spaces and facilities in the main passages of the vehicle traffic management community. 6. Management of public municipal facilities Entrusted management of municipal facilities such as water supply, power supply, gas supply, heating, posts and telecommunications, including collecting and paying related expenses. 7 illegal construction management department shall cooperate with the competent department of illegal construction to report, supervise and manage illegal construction. 8, all kinds of life services for public corridors, roads outside buildings and public toilets cleaning garbage removal and other daily services; Open up night parking lots, farmers' markets, tourism services, selling flowers and seedlings and other business services to facilitate property owners and users to increase their income and make up for the lack of management funds. Third, the house has quality problems. Can the owner refuse to pay the property management fee? You can't. Property management fee is the cost incurred by property companies and owners because of management, and the housing quality problem is the quality problem of housing sales between developers and owners. Property companies and developers are not the same subject, even if property companies are established by developers, they cannot claim to offset each other. If there is a problem with the quality of the house, the developer can be required to bear the responsibilities of maintenance, redoing and compensation for losses according to the pre-sale contract of commercial housing or the provisions of the law. If the negotiation fails, the property company can help reflect the quality problems to the developers during the negotiation process, but it can't transfer the responsibility of maintenance to the property company, take it out on the property company and not pay the property management fee. This will not be supported by the court in law.

Legal objectivity:

Article 285 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Property service enterprises or other managers shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the third part of this law on property service contracts, accept the supervision of the owners, and promptly answer the owners' inquiries about property services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.