How does the property company fulfill the management obligation of the owner's decoration?

In the process of owner's decoration, what management obligations does the property company have, how to fulfill these obligations, how to evaluate whether it has fulfilled the decoration management obligations, and what legal responsibilities and consequences it may bear. This paper puts forward some suggestions on the management legal prevention of property companies in decoration management, and provides reference for the majority of property companies in their operations.

First, the legal basis for the specific obligations of property companies in decoration management

The specific obligation of the property company to the owner comes from Article 46 of the Property Management Regulations: "The property service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use within the property management area, and report to the relevant administrative departments in a timely manner. 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. " And Article 53: "If the owner needs to decorate the house, he shall inform the property service enterprise in advance. The property service enterprise shall inform the owner of the prohibited acts and precautions in the house decoration. " The above laws and regulations stipulate the obligations of the property company when the owner decorates.

Second, the legitimate management matters of the property company in the owner's decoration

According to the "Measures for the Administration of Interior Decoration of Residential Buildings" issued by the Ministry of Construction, the obligations that property companies should perform when owners decorate are mainly reflected in the following aspects:

1, do a good job in early management, that is, the management of declaration, approval and signing before renovation.

After the owner lives, if the owner or its authorized residential users need to decorate the house, they shall report to the property management company for registration, and the property management company shall examine and approve and sign the residential interior decoration management service agreement.

The following materials shall be provided for decoration declaration and registration: (1) Property ownership certificate (or valid certificate to prove its legitimate rights and interests); (2) the applicant's identity document; (3) Decoration scheme; (four) if the decoration of the main building or load-bearing structure exceeds the design standards or specifications and increases the floor load, it shall submit the design scheme put forward by the original design unit or the design unit with corresponding qualification grade; (5) Building buildings and structures; If the doors and windows are opened on the non-load-bearing external wall to change the residential facade, the approval documents of the competent department of city planning administration shall be submitted; Demolition of heating pipelines and facilities, the approval documents of the heating management unit shall be submitted; To dismantle gas pipelines and facilities, the approval documents of the gas management unit shall be submitted; If the waterproof layer of bathroom and kitchen changes, the construction scheme shall be submitted in accordance with the waterproof standard; (6) If the decoration enterprise is entrusted for construction, a copy of the relevant qualification certificate of the enterprise shall be provided.

After receiving the application materials from the decorator, the property company shall review them in time, and sign an agreement with the decorator or decorator and decoration enterprise on the management service of residential interior decoration (usually, the agreement shall include the property company, decorator and decoration enterprise). The contents of the agreement shall include: (1) the implementation contents of the decoration project; (2) the implementation period of the decoration project; (3) Time allowed for construction; (4) Removal and disposal of wastes; (5) Installation requirements of residential facade facilities and security window: (6) Prohibited behaviors and precautions; (7) Management service fee: (8) Liability for breach of contract; (nine) other matters that need to be agreed.

Designate a fixed area as a garbage dump, and collect decoration deposit and garbage disposal fee.

2, do a good job in management, that is, inspection and supervision in the decoration.

At this stage, the property management company mainly works according to the signed "Residential Interior Decoration Management Service Agreement". Inspection and supervision are mainly completed by decoration administrators and customer service personnel. The decoration administrator mainly checks whether the construction unit carries out the construction according to the contents of the application and design drawings, whether it affects the normal use function of public property, whether it affects the structural safety of the whole building, whether it infringes on the legitimate rights and interests of other owners, and so on. At this stage, there are usually many problems, such as the construction unit's barbaric construction because it doesn't understand the specifications; Or at the behest of the owner, deliberately not according to the design drawings to achieve personal goals, specifically in the unauthorized removal of load-bearing walls, random connection of pipelines, illegal buildings and so on. At this point, the decoration administrator should earnestly fulfill his due inspection and supervision obligations. Customer service is mainly in the daily "building patrol" inspection, focusing on whether there are fire hazards, illegal use of electricity, licensed operation, suspicious personnel, public security issues, etc.

3, do a good job of post-event management, that is, do a good job of project acceptance after renovation.

The project acceptance shall be carried out by the property management company in conjunction with the decorators and decoration enterprises. The main basis for acceptance is the engineering design contract, the corresponding quality standards and the residential interior decoration management service agreement. For the problems found in the acceptance, the decorator and the decoration enterprise are still required to rectify within a time limit until the final acceptance is qualified. Finally, the property management company will record the acceptance information and go through the formalities of returning the decoration deposit.

Third, the property company decoration management legal practice advice

1, about the decoration deposit. When the decorator and the decoration enterprise sign an agreement, usually the property company will ask them to pay a certain decoration deposit. After the completion of the project, the property management company will refund the deposit if it is accepted by the property management company and there is no illegal decoration or damage to public facilities and other owners' interests, otherwise the hidden compensation fee will be deducted from the deposit. This can be confirmed in the terms of liability for breach of contract in Residential Interior Decoration Management Service Agreement, but it should be stipulated as compensation fee rather than "fine". The decoration management of property management enterprises is an enterprise behavior, which does not belong to administrative management and does not have the power of administrative punishment. Compensation expenses shall be used for the maintenance of public facilities and included in the maintenance fund.

2. Service fee for decoration management. Property management companies need to spend some extra manpower and material resources to carry out decoration management. This part of the cost is not included in the usual property management fee. Therefore, when the property management enterprise and the decorator sign an agreement, they should stipulate this part of the fee and charge it separately, and clearly stipulate the content of decoration management services, such as providing building completion drawings, consulting, consulting, supervising and inspecting decoration projects, etc.

3. Don't abuse the right of decoration management. In practice, some property companies cut off water and electricity for owners on the grounds of decoration management, preventing owners from illegally decorating or urging owners to pay property fees, resulting in constant lawsuits. The power supply (water supply) company does not authorize the property company to implement power outage (water supply), and the property company has no right to implement it. The water supply (power supply) agreement and the property management agreement are two independent contracts. Property companies should exercise the right of decoration management within the scope of property management contracts, and should not abuse the right of management, otherwise they will be liable for compensation just like inaction.

4, found that the problem is solved in time. Decoration management should find problems in time, inform the owners in time and solve them in time. To prevent illegal installation, we must have a clear attitude, correct mistakes, pay attention to ways and means, do patient and meticulous ideological work, and the property management department itself should be familiar with relevant laws and regulations, have professional knowledge of construction engineering, and deal with problems in a well-founded manner.

5. Keep evidence of relevant performance. Once the owner causes a lawsuit because of decoration problems, the only magic weapon for property exemption is to fully fulfill legal obligations. Therefore, in addition to the decoration registration, decoration management service agreement and other related materials, it is also necessary to keep the inspection and security inspection records of the decoration manager in time to prove the performance of the relevant legal obligations of the property company.

6. Standardize the details of decoration management. In practice, there have also been compensation cases in which the property company gave the wrong key to the owner's house, which led the owner to decorate the neighbor's house into his own. Therefore, there are many details in decoration management. Property companies should not only have sufficient legal awareness, but also optimize management and pay attention to details to prevent the occurrence of compensation liability due to management negligence.