The rights of property management companies in property management mainly include: ① According to relevant laws and regulations, combined with the actual situation, formulate community management measures; (2) according to the property management contract and management measures to manage residential areas; (three) in accordance with the property management contract and the relevant provisions of the management fee; (4) have the right to stop the violation of rules and regulations; (5) Have the right to request the owners' committee to assist in management; ⑥ Have the right to hire franchise companies (such as cleaning companies and security companies) to undertake special management business; ⑦ Diversification can be implemented to supplement the management funds of the community with its income.
The obligations of property management companies in property management mainly include: ① fulfilling property management contracts and operating according to law; (2) Accept the supervision of the owners' committee and all owners; (3) major management measures should be submitted to the owners' committee for consideration and approved by the owners' committee; (four) accept the supervision and guidance of the real estate administrative department, the relevant administrative departments and the people's government where the residential area is located.
Reference Law: Measures for the Administration of New Urban Residential Districts
Measures for the administration of new urban residential quarters
Promulgated by Ministry of Construction
Promulgated on 19940323
Implementation date: 1994040 1
Full text of chapter name
Article 1 In order to strengthen the management and improve the quality of new urban residential areas.
Overall management level, to create a clean, civilized, safe and convenient living environment for residents,
These measures are formulated.
Article 2 The term "city" as mentioned in these Measures refers to municipalities, cities,
Towns.
The term "new residential quarters" as mentioned in these Measures refers to residential quarters with a certain scale and relatively complete infrastructure.
All new residential quarters (including residential quarters and residential groups, hereinafter referred to as residential quarters).
The term "residential area management" as mentioned in these Measures refers to the management of residential areas.
Building and its equipment, municipal public facilities, greening, sanitation, transportation, public security and environmental capacity
Appearance management projects such as maintenance, repair and update.
Third real estate administrative departments responsible for the centralized management of community management; municipal authorities
, greening, health, transportation, public security, water supply, gas supply, heating and other administrative departments and residential quarters.
The Municipal People's Government with districts shall, in accordance with the division of responsibilities, be responsible for supervising and guiding the relevant work in the management of this area.
Fourth residential areas should gradually implement socialized and professional management mode. By attribute
The management company implements unified professional management.
Fifth real estate development enterprises to sell residential houses, should hire property management personnel.
The company undertakes the management of residential quarters and signs property management contracts with them.
Residential areas previously managed by property management companies are managed by real estate development enterprises.
Article 6 Residential District Management Committee (hereinafter referred to as CMC) shall be established in residential areas.
.
Management Committee is composed of real estate owners in residential areas under the guidance of real estate administrative departments.
And representatives elected by users to represent and maintain the real estate owners and users in residential areas.
The legitimate rights and interests of.
Article 7 The rights of the CMC:
(a) on behalf of the owners and users in the residential area, formulate the articles of association of the management committee and maintain the house.
Legal rights of real estate owners and users;
(2) Deciding to hire or renew the appointment of a property management company;
(three) to consider the annual management plan and community management services formulated by the property management company.
Measures;
(four) to inspect and supervise the implementation of various management work and the implementation of rules and regulations.
Obligations of the Cluster Munition Coalition:
(a) according to the opinions and requirements of the real estate owners and users, the property management company
Inspection and supervision of management work;
(two) to assist the property management company to implement the management work;
(three) accept the supervision of real estate owners and users in residential areas;
(four) accept the supervision of real estate administrative departments, relevant administrative departments and residential quarters.
Supervision and guidance of the local people's government.
Article 8 Rights of a property management company:
(a) the property management company shall, in accordance with the relevant laws and regulations, combined with the actual situation, formulate measures for the management of the community.
Management methods;
(two) in accordance with the property management contract and management measures to implement the management of residential areas;
(three) in accordance with the property management contract and the relevant provisions of the management fee;
(four) have the right to stop acts in violation of rules and regulations;
(five) have the right to request the CMC to assist in management;
(six) have the right to hire franchise companies (such as cleaning companies, security companies, etc.). ) for special management.
Business;
(seven) can implement a variety of business, with its income to supplement the management funds of the community.
Obligations of the property management company:
(a) to perform the property management contract and operate according to law;
(two) accept the supervision of the residential area management committee and residents;
(three) major management measures shall be submitted to the CMC for consideration and approval;
(four) accept the supervision of real estate administrative departments, relevant administrative departments and residential quarters.
Supervision and guidance of the local people's government.
Property management companies need to apply to the administrative department for industry and commerce for registration and obtain a business license.
, before opening.
Ninth property management enterprises can enjoy the preferential policies of the state for the tertiary industry.
Tenth property management contracts should be clear:
(1) manage the project;
(2) Management contents;
(3) management expenses;
(4) Rights and obligations of both parties;
(5) Term of the contract;
(6) Liability for breach of contract;
(7) others.
Eleventh property management contracts and residential management measures shall be reported to the real estate administrative departments for the record.
For the record
Twelfth real estate development enterprises in the process of selling houses, should be agreed in the housing sales contract.
The real estate property owner has promised to abide by the provisions of this residential management method. Separation of owners and users of real estate property rights
At that time, users should promise to abide by the provisions of the community management measures in the lease contract.
Thirteenth residential real estate owners and users should abide by community management.
Measures to pay management fees in accordance with the regulations, and shall not hinder or obstruct managers from performing their official duties, and shall have the right to
Participate in supervising the management of residential quarters.
Fourteenth real estate property owners and users in violation of the provisions of these measures, one of the following acts
The property management company shall stop it, criticize and educate it, order it to make restitution and compensate for the losses;
(a) unauthorized change of land use in the community;
(two) unauthorized changes in the use, structure and appearance of houses and supporting facilities, damage to facilities and equipment.
Equipment, endangering the safety of the house;
(three) unauthorized construction, parking vehicles, in the house * * * with parts of the heap, indiscriminate occupation.
Use, destroy greening, pollute the environment, affect the landscape of residential quarters, and disturb the people with noise;
(4) Failing to pay various fees as required.
Fifteenth property management companies in violation of the provisions of these measures, one of the following acts, the premises
Owners and property users have the right to complain; The CMC has the right to stop it and ask it to make corrections within a time limit; prerequisite
The production administrative department may give a warning, order it to make corrections within a time limit, compensate for the losses, and may also impose a fine.
Paragraph:
(a) housing and public facilities, equipment repair is not timely;
(two) the management system is not perfect and the management is chaotic;
(three) to expand the scope of fees and raise the standard of fees without authorization;
(four) unauthorized construction, change of real estate and public facilities;
(five) do not fulfill the obligations stipulated in the property management contract and management measures.
Sixteenth before the entry into force of these measures, residential areas that are not managed according to these measures can be implemented with reference to these measures.
Method implementation.
Seventeenth provinces, autonomous regions and municipalities directly under the central government real estate administrative departments can root
Formulate detailed rules for implementation according to these measures.
Eighteenth approach by the Ministry of construction is responsible for the interpretation of.
Nineteenth these Measures shall come into force as of April 1st, 1994.