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Speech at the meeting of property management company
Speech by comrades of property management company at the meeting;
Yesterday, Comrade Jin Jia introduced the promulgation process and main legal system of the Property Management Regulations (hereinafter referred to as the Regulations). Comrade Zhifeng made a speech on the significance, main spirit and next work arrangement of the Regulations. I totally agree. Please all regions and units to seriously implement. At this meeting, ten units exchanged experiences and arrangements for implementing the Regulations on the basis of preliminary work, hoping that all localities can learn from them.
During the discussion at the meeting, many opinions and some problems that need further discussion and research were put forward. Last night, the real estate department made a serious summary and arrangement, and listed ten major issues for me, mainly related issues in the implementation of the regulations. In response to these opinions, the Ministry of Construction will continue to study and hope that all localities will actively explore. First, about the owners and the owners' meeting. The "Regulations" stipulate that decisions made by the owners' congress must be passed by more than one-half of the voting rights held by the participating owners, and major issues must be passed by more than two-thirds of the voting rights held by all owners. How to organize the owners' meeting needs to be discussed. Second, the quality of the members of the owners' committee. This "Regulations" provides for principles. Members of the owners' committee need to have high quality. Can you invite local NPC representatives and CPPCC members to serve? Whether the owners' committee can really fulfill its responsibilities is very important for the owners' committee to play its role. Please sum up your experience in future work guidance. Third, what responsibility does the owners' congress bear in law? It is neither an autonomous organization, nor a legal person organization, nor a community organization registered by the civil affairs department. Fourth, property management companies are not responsible for public security incidents within the property management area. Fifth, how to solve the disputes arising from the collection of water, electricity, gas and heating fees by property management enterprises and how to implement the maintenance responsibility, which involves the reform of public utilities. Sixth, the operating environment and losses of property management enterprises, whether local governments will increase the burden of property management enterprises in environmental remediation. Seventh, how to clearly define the property rights of * * * use parts and * * * use facilities. Eighth, it is difficult to implement property management in old communities. Nine, real estate management departments and other relevant departments to supervise property management activities and how to perform their duties. Tenth, local governments should formulate corresponding laws and regulations and study the problem of changing their functions. Most of these problems have been covered in Comrade Zhifeng's report. It takes a process to solve these problems step by step in the implementation of the Regulations. My personal experience is that property management is not entirely a problem of housing management, and many social problems are intertwined and extremely complicated. At present, the most important thing is to study, publicize and implement the Regulations, and explore and solve these problems through system innovation, mechanism innovation and management innovation. Problems in development should be solved by development. Below, I will talk about my understanding of the "Regulations" and discuss with you.
I think that the current implementation of the "Regulations" is, first of all, the provincial construction department and local real estate administrative departments, including urban and rural planning, municipal utilities, quality and safety management departments, should do a good job in the implementation of the "Regulations", and the problems brought about by preliminary construction and property management are very prominent. The "Regulations" have made many provisions on solving some contradictions in the process of social development and economic development, so the implementation of the "Regulations" is not a departmental matter. Whether the problem of old residential areas we are talking about is housing management, city appearance and sanitation management, or the combination of housing management and city appearance and sanitation management, which is a very realistic problem. All localities should carefully study and understand the legal relationship of the Regulations, and determine effective steps to promote the implementation of the Regulations on the basis of careful analysis of local conditions. Publicity and understanding of the importance of the "Regulations" and its responsibilities, rights and obligations according to law. Recently, I have been thinking about deepening reform and implementing the Regulations. I understand that the key and difficult point of implementing the regulations is the ideological understanding of all parties, especially the competent departments, owners, development enterprises and property management enterprises. We should emancipate our minds, seek truth from facts, keep pace with the times, adjust our working ideas, change our concepts and implement the Regulations.
First, the development of property management and the social basis of property management laws and regulations
There has always been a social demand for property management in China, which is related to the economic system, housing system and the way the government manages social affairs. It directly affects the urban environment, urban appearance and urban image, is the objective need of the whole society, and is also an important aspect of reflecting the comprehensive quality of the city. The emergence and development of the new property management system is a long-term evolution process, which is gradually developed and standardized with the establishment and improvement of the socialist market economic system, the development of social undertakings, the improvement of people's living standards, the deepening of housing system reform and the specialization, socialization and marketization of the management division of real estate construction, sales and after-sales use.
Historical situation of property management in China: Before the early 1980s, the housing property rights of Chinese residents were mainly owned by government housing management departments, enterprises and institutions and government agencies. Residents are tenants of houses, pay rent and enjoy the right to use houses. Government housing management departments or enterprises and institutions are responsible for environmental management, including public parts such as greening, sanitation, garbage and toilet management, and collect relevant fees. Residents' committees and sub-district offices are responsible for the management of living environment.
After the mid-1980s, China carried out the reform of urban economic system, broke the unit's single investment in building houses, and began to allow multi-channel building. People's requirements for living conditions have gradually increased, forming a demand for supporting facilities for living environment. After the completion of the house, it will be managed by the house property unit, and the external environment will be managed by the neighborhood committee or street office. This management model has gradually strengthened residents' awareness of public property such as environmental sanitation and greening environment in public areas managed by neighborhood committees and sub-district offices.
The cultivation and development of the real estate market has led to the purchase of houses by units. With the increase of this demand, the property management serving the house owners began to take shape. In particular, people's demand for a good living environment has stimulated the supply of commercial housing, thus further promoting the property management of new residential areas. The economic burden of this demand, like the housing allocation method, is still the responsibility of the unit and the benefit of the individual. The development of property management in new residential areas has played a positive role in promoting and demonstrating, and at the same time, it has also triggered the demand for long-term property management.
Our real estate development is a rolling development, and the implementation period of the pre-sale system and the planning and approval of the construction scope are different. In addition, the question of who will bear the property costs caused by the delivery of new houses in history has prompted development enterprises to set up property management enterprises under the condition that residential construction has not been fully completed to meet the needs of development enterprises and property management needs of buyers. Real estate development enterprises implement property management for their own projects, which is also based on the owners' demand for property management services, forming early property management.
With the advancement of housing system reform, property management has also developed. However, the property management after the sale of public houses, the demand relationship between the sale of public houses managed by units and unsold public houses, and management methods still need to be studied and standardized.
Residents' housing demand has developed from direct attention to the internal needs such as housing area and functional quality to the demand for the environment; From the need to manage housing to the need to serve some public social affairs at the same time; From the need for the integrity of real estate and ancillary facilities to the realization of the preservation and appreciation of housing. These make the connotation of property management richer, and the problems that need to be studied and solved are more clear.
From the development course of property management in China, property management involves the transformation from planned economy system to market economy, the development of real estate industry and the reform of housing system, the improvement of living environment and the provision of public services, as well as the reform of office logistics services, the separation of government from enterprises, the transformation of government functions, the function of grass-roots political power and the role of autonomous organizations of neighborhood committees. In these changes, it is necessary to emphasize the dominant position of owners by legislation, and standardize the relationship between owners, owners and development enterprises, owners and property management enterprises, neighborhood committees, street offices and owners and property management enterprises. It is necessary for government departments to change their ideas, change their working methods and methods, as well as the reform and transformation of grass-roots units. This is the social basis in the property management regulations, and it is necessary to clarify the relevant legal system.
Two, property management should use laws and regulations to regulate people's behavior (or the behavior of the relative person).
Since the "Property Management Regulations" has a social foundation for legislation, it should be standardized by laws and regulations to promote property management in the process of reform and development. The seriousness of laws and regulations should not only adjust and solve existing contradictions, but also be forward-looking. Therefore, I realize that the key to implementing the regulations is to learn and publicize the regulations and accurately understand and grasp the legal relationship stipulated in property management activities. Here I will focus on the following aspects:
(a) the owner is the subject of responsibility as stipulated in the Regulations.
The owner is the owner of the house property right, and the owner entrusts the property management enterprise to implement the property management behavior in the property management area. Therefore, the owner is an important responsibility subject of property management in the property management area. This is the basis for publicizing and implementing the Regulations and forming a * * * working atmosphere. Only by making this clear can we make it clear that the owner has the right to choose whether to manage the enterprise, the responsibility to safeguard personal and public interests, and the obligations stipulated by public interests and social responsibilities.
(2) The owners' congress and the owners' committee are inevitable choices.
The responsibility of the owner is not only to exercise the exclusive part of the house, but more importantly, to abide by the obligations determined by the convention and rules and regulations in the use of the parts and facilities of the property, the maintenance of public order, and the environmental sanitation of the property management area. There must be * * * common interests and * * common affairs among multiple owners, but common interests and * * * common affairs cannot be represented by one person. From the inherent characteristics of our country, there must be an inherent relationship between owners in public interests and public affairs, which embodies the owners' convention. Therefore, when designing the system, the "Regulations" established the system of owners' assembly on the basis of absorbing the existing systems that have been proved to be effective in practice. It is clear that all owners in the property management area form the owners' meeting, and the establishment, meeting form and voting method of the owners' meeting are stipulated. The decision made by the owners' congress in accordance with the regulations and the rules of procedure of the owners' congress, including the procedures determined by the owners' convention, is regarded as the unanimous decision of all owners and is binding on all owners. Through these regulations, it is ensured that the owners' congress can effectively shoulder the responsibility of representing and safeguarding the legitimate rights and interests of all owners.
(C) the contract is the legal basis for property management services.
There is a contractual relationship among owners, owners' congress and property management enterprises. What the owners' congress and the owners entrust the property management enterprises to manage and what service standards they achieve should be clearly stipulated in the contract. Of course, the service price and service level must correspond. The service content of the property management company is not all-inclusive, and the service should be provided according to the contract. In property management service activities, the owner is the main body of responsibility and the property management company is the main body of service. The breach of contract dispute between them is a civil dispute, which is mainly protected and bound by the contract law, and the administrative department should not interfere too much.
(d) Early property management must be strengthened.
The "Regulations" stipulate that before the owners and the owners' general assembly hire property management companies, the construction unit shall sign a written preliminary property service contract. Why does the "Regulations" stipulate that construction units can hire property management companies to carry out preliminary property management?
In the middle of the construction process, the adjustment of mutual interests between development enterprises, owners and property management enterprises is the key. Different from other buying and selling behaviors, the buying and selling of house property rights is a process. Because housing construction is a rolling development, the owners obtain property rights in the rolling development, and it is impossible to wait until the developers have sold all the properties, all the buyers have moved in, and the owners' meeting has been established before hiring a property management company to implement property management. Therefore, the property management service in the sales stage of commercial housing is the property management in the transitional period from the owner (construction unit) to the final owner (household), that is, the early property management, which can only be implemented objectively by the construction unit hiring property management enterprises. The "Regulations" stipulate that the prophase realty service contract shall be signed by the construction unit and the realty management enterprise. However, property management companies not only provide services for construction units, but also provide services for buyers who gradually move in. Fundamentally speaking, it is the protection of the long-term interests of the owners, including the prevention of related problems in the implementation of the approved plan, which can reduce the random changes to the plan by the development enterprises during the construction process. Therefore, the "Regulations" require that in the purchase contract signed with the development and construction unit, the purchaser must include the contents of the preliminary property service contract signed between the construction unit and the property management enterprise, so that the purchaser can bear the rights and obligations stipulated in the preliminary property service contract and provide a legal basis for the owner to accept the services of the property management enterprise.
(five) the owners' congress, the owners' congress and the owners' committee shall sincerely accept the guidance and supervision of the neighborhood committee.
Article 20 of the Regulations clearly defines the relationship between the owners' committee, the owners' congress and the neighborhood committee. To straighten out the relationship between the two, the key is to study and implement the "Regulations" and the "Organic Law of Urban Residents Committees". The residents' committee is an autonomous organization for residents to manage themselves and serve themselves. Its main function is to assist grass-roots political power to do a good job in residents' political and ideological work, mediate residents' neighborhood contradictions, safeguard residents' moral behavior norms, and create good and harmonious community interpersonal relationships. The owners' congress is an organization whose interests are determined by the owners' convention because of its relationship with the property. Neighborhood committees are organizations corresponding to communities, and owners' congresses correspond to property management areas. Owners and owners' congress can't safeguard their rights and interests without the guidance and help of local neighborhood committees. The "Regulations" set the obligation that the owners' congress and the owners' committee should inform and listen to the opinions of the neighborhood committees when making decisions. It is stipulated that the owners' congress and the owners' committee shall accept the guidance and supervision of the residents' committee and do a good job in maintaining social order in the property management area. At the same time, it is stipulated that the owners' congress and the owners' committee should actively cooperate with the relevant neighborhood committees to perform their autonomous management duties according to law and accept their guidance. Property management enterprises, like other enterprises, operate services according to contracts and relevant national laws and regulations, and there is no legal relationship of rights and obligations with neighborhood committees.
(six) the implementation of the "Regulations" provisions of the housing special maintenance fund system, should start with the reform and improvement of the housing management department.
The key is to clear up the misappropriation of special maintenance funds for the sale of public housing, establish and improve the management mechanism, and implement it to people. The "Regulations" stipulate that owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations. The purpose of setting up special maintenance funds is mainly used for the maintenance and renovation of * * * second-hand parts and * * * second-hand facilities and equipment after the property warranty period expires. This is a necessary measure to ensure the good use of public facilities and parts in the property management area and safeguard the long-term interests of the owners. Therefore, we must improve the system, strictly levy, earmarking and strengthen supervision.
(seven) government agencies should change their functions and do a good job in supervision.
Property management enterprises are' civil subjects' established in accordance with the Company Law, which operate independently, conduct independent accounting and independently undertake civil rights and obligations. The behavior of civil subjects in the market is actually market behavior, and the characteristics of civil behavior require that market subjects be given full independent rights. The government can't interfere with the freedom of civil subjects to engage in market activities, can't take the initiative to intervene in such activities, and can't use its own administrative power to intervene casually. Government departments should not only respect the autonomy of owners in property management, but also respect the autonomy of property management enterprises.
The role of the government is mainly to supervise and manage the behavior of property management enterprises according to laws, regulations and rules, and provide legal and institutional guarantee for them to engage in market activities. Local real estate administrative departments should completely change the concept and practice of managing everything in the past, and make clear which ones are under their own control and which ones are left to the market to solve. Once there is a civil dispute, they should encourage more judicial procedures to deal with it, so as to realize administration according to law, which is in place rather than offside.
(eight) do a good job in the reform of public housing management departments, step by step to promote the implementation of property management, do a good job in the pilot.
The social demand for the environment is a concern of local governments. The reform of public housing management is not only a matter of housing management department, but also a matter of people's living environment, residents' own requirements and city image. Have a sense of urgency and actively participate. Local construction and real estate departments should act as the staff of local governments, make plans and promote the implementation of reforms.
(nine) the work of the Ministry of construction and the ministries and agencies
To do this work well, we must fully understand the spirit of the regulations and fully summarize the historical process of the development of property management. Through these works, we can grasp the difficulties, key points and direction of property management and make the work forward-looking.
First of all, we must clarify the legal relationship. It is necessary to clarify the legal responsibilities of all parties in property management, especially the responsibilities of the owners and administrative departments themselves.
The second is to complete the formulation of supporting laws and regulations as soon as possible, clean up the past laws and regulations, and plan and clarify the promulgation time. The relevant departments of the Ministry told me that legislation seeking local opinions often cannot come back as scheduled. At present, the Ministry should establish an assessment system for the work of ministries and agencies, take the legal work as an important indicator for the assessment of the work of ministries and agencies, and report the assessment results to the provincial, provincial and municipal governments.
Third, make concerted efforts to solve the problem of legal system construction. When I talk about working together, there are three levels. One is to work together from top to bottom, and all departments of our administrative management should work together. The other is Qi Xin's cooperation from left to right. Why should we invite the directors of other departments in the Ministry to attend the meeting today? The regulations have provisions on quality and safety, planning issues, water and gas transformation in urban construction, etc. It is very important for our relevant departments to work together to implement the regulations. Third, we should work together with departments other than the construction administrative department, especially with the civil affairs department of the local government and relevant community management departments. We should tell others truthfully what is required of your job. Of course, the focus of work between departments is different, so we should find the same in the differences.
(10) publicity work
Propaganda work should be strengthened. The Department of Regulation and the Department of Real Estate shall organize relevant publicity activities. Promote the implementation of the Regulations, promote urban development, improve the investment environment, coordinate the interests of owners and protect their legitimate rights and interests. Propagandize owners to enhance their self-discipline awareness and promote the formation of democratic consultation mechanism. Only by relying on the support of social forces and the correct guidance of public opinion can we implement the regulations well and standardize the behavior of social people and administrative departments. Do your own job, do the implementation of the regulations, and truly safeguard the interests of the majority of owners. This is the requirement of the State Council leaders for the promulgation and implementation of the regulations. In the process of formulating the regulations, opinions from all sectors of society were widely solicited. In the process of implementing the regulations, we should listen to the opinions of the masses and seriously solve the hot and difficult problems reflected by the masses.
Comrades, with the promulgation and implementation of the Regulations, China's property management industry has entered a new stage. Under the guidance of Theory of Three Represents, we should study and implement the Regulations, do our job well in accordance with the requirements of the Regulations, effectively protect the rights and interests of the broad masses of the people, and make due contributions to the comprehensive realization of the goal of a well-off society.
Speech at the Second Meeting of Property Management Company Leaders, Judges and Owners:
Hello everyone!
First of all, I would like to thank the xx Community Committee for the opportunity and stage that our company has shown. My name is Li Anfu, and I am the general manager of Zunyi Honghui Property Management Co., Ltd.
The main content I want to talk about today is divided into three parts: first, introduce the basic situation of our company; The second is the management scheme of xx residential property management service project; The third is the promise after winning the bid.
The first part is the basic situation of the company. Looking back on the company's situation in recent years, it can be said that it has changed year after year and developed year after year. Our company was established in July 20 14 with a registered capital of 500,000 yuan. It is a national third-class qualified property management enterprise and the executive director of the third real estate association of Zunyi City. Is a completely market-oriented professional property management company, specializing in providing high-standard and all-round property services. Now the property projects under management have covered: multi-storey houses, high-rise houses, office buildings, commercial properties and other types of properties.
At present, the entrusted property projects include: the Municipal Housing and Urban-Rural Development Bureau, the Municipal Justice Bureau, the second community of the municipal government, the Minheyuan Community of the Municipal Civil Defense Office, the office of China People's Property Insurance Company, the third community of Honghuagang District Government, the municipal water supply and drainage company, Longxiangyuan, Longteng Xinyuan, Jianxin Apartment, Yifeng Community, Fenghuangyuan Community, Hengye, Xintiandi, South Washington, Lvyuan, Ruicheng Commercial Building and Jinyuan Trade City.
The company advocates the training culture of self-learning, lifelong learning and attaching importance to the training value, and implements the system of annual rotation training for all employees, weekly training for security guards, employee induction and job skills training. The comprehensive quality of all employees has been continuously improved, and the flowers of civilization are in full bloom. Being brave, helping others and finding money have become our employees' conscious actions. The company is fully capable and confident to undertake the property management of xx Longteng Community.
The general idea of residential property service after takeover;
1. Under the guidance of Changxin Community Neighborhood Committee, effectively integrate community and community resources, organically combine the creation of a safe and civilized community with the work of cleaning up the mess and managing the city, and better serve the majority of owners.
2. In view of the problems left over from the history of building opening, the maintenance funds of the residential area are not in place, and most owners have not yet applied for the real estate license, assist the owners and owners' committees to establish a special maintenance fund system, give full play to our advantages, effectively communicate and coordinate with relevant units, actively coordinate the previous work with the owners and communities, actively strive to solve these problems with the competent authorities as soon as possible, and do practical things for the owners to the maximum extent.
3. Due to the quality of many factors in the community and the highly responsible attitude towards the owners of the community, the property service fees charged by the community are included in the unified financial management of the community to ensure the normal and orderly conduct of the property service work in the community.
The second part is the management scheme of xx residential property management service project. Xx community is a small high-rise residential community, which has been put into use for many years. Undoubtedly, the purpose of property management is to maximize the use function of the property, so as to maintain and increase the value. The core of property management is "people-oriented" to create a clean, civilized, safe and comfortable community environment for owners. According to the present situation of xx community, our company puts forward the following management scheme:
1, xx residential property management services meet the requirements of the public * * * service level 3 standard for property management in ordinary residential areas;
2. Give full play to Honghui Property Company's own advantages in talent, culture, technology and management, and implement professional management in security, cleaning, greening and electromechanical maintenance. Reduce management costs in an all-round way, and strive to provide value-added services for owners, so that owners can really benefit;
3. According to the actual situation of xx Community, we will provide convenient, fast, economical and efficient services for your community according to the structure, geographical location and surrounding facilities in the region, combined with the opinions of the owners and the successful experience of our company, so as to improve the high-quality living environment of the owners.
4, xx district daily management goals
1, community management departments have various management systems;
2. The management office should improve the management documents and files of xx community;
3. The management office adheres to civilized and standardized services;
4. All employees of the management office have received pre-job training;
5. There are no major complaints about property services;
6. The owner's satisfaction rate reaches 95%.
The third part is the promise after winning the bid. If our company wins the bid, we promise that the service will not be lower than the original service level without increasing the original property management fee per square meter. If we win the bid, we will not only fulfill our promise, but also exceed our promise. Our pursuit is: to make the property in xx community more valuable because of us, to make Changxin community warmer because of us, to make Zunyi city more civilized because of us, and to make the society more harmonious because of us.
Finally, thank you again for your leadership, judges and owners. My speech is over. Thank you!
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