What measures should be taken when an owner violates the owner's temporary management agreement?

What measures should be taken when the owner violates the owner's temporary management agreement?

Measures to be taken:

1. Verbally dissuade, explain, and provide relevant A management agreement can clearly explain the benefits to the owner.

2. If the owner refuses to listen, give a written explanation and ask for the owner’s signature. (The main reason is that the written evidence collection management party has explained and informed the situation.)

3. If you continue to refuse to listen, call the police and request the police to assist in mediation.

Note: Coercive measures cannot be taken until the owner’s behavior has caused economic losses or related major impacts, as this will easily lead to counter-suing by the owner. Enforcement measures should be carried out with the assistance and leadership of the police. What is a temporary management agreement for owners?

The Temporary Management Agreement is drawn up by the developer in accordance with relevant laws and regulations before selling the property, as well as in accordance with the Ministry of Construction's "Temporary Management Agreement" (model text) and in conjunction with the actual development project. The main content of the owner's temporary management agreement is to stipulate in accordance with the law the use, maintenance, and management of the relevant property, the owner's common interests, the obligations that the owner should perform, and the responsibilities that should be borne by those who violate the management agreement. The difference between the "Owner's Temporary Management Agreement" and the "Owner's Management Agreement"

The "Owner's Temporary Management Agreement" is prepared by the developer in accordance with relevant laws and regulations before selling the property, and in accordance with the "Temporary Management Agreement" of the Ministry of Construction. 》 (demonstration text), formulated based on the actual development project. The main content of the owner's temporary management agreement is to stipulate in accordance with the law the use, maintenance, and management of the relevant property, the owner's common interests, the obligations that the owner should perform, and the responsibilities that should be borne by those who violate the management agreement.

Property management convention, also called public contract, is a public contract. It is an agreement entered into by the property owners or users and the property managers. It will bind the owners Or the rights and obligations of both users and managers are determined in the form of files and are binding on all owners or users and managers.

Comparing the two, does the latter involve the owner? Is the temporary management agreement signed with the property owner?

The owner ignores the signed "Renovation Management Agreement" and ignores the terms he has promised to abide by. "Owner's Temporary Management Agreement" is very common. If dissuasion fails, you can still: 1. Written notification. Registered mail, express delivery, required, Owner's Management Agreement

Owner's Management Agreement

lt; Owner's Agreement and Community Law gt;

In order to strengthen the property management of the community (hereinafter referred to as the "property"), safeguard the legitimate rights and interests of all owners and property users, maintain the public environment and order, and ensure the safety and reasonable use of the property, in accordance with the national regulations on property management Regulations and policies formulate this agreement. All property owners and property users must voluntarily comply with these regulations.

1. Comply with the relevant policies and regulations on property management and this Agreement, and abide by the management regulations formulated by the property management enterprise in accordance with the laws and regulations and this Agreement. At the same time, the owner should ensure that its residents, users and related personnel abide by this Agreement. and management regulations for reasonable use of properties. Owners and neighbors respect, care for, and help each other, understand and give in to each other, and live in harmony. 2. All owners and property users are obliged to actively cooperate with the property management company in all management tasks. 3. Grant the property management company the right to register entry and exit, entry and exit relocation release registration, vehicle entry and exit inspection registration, resident file management, residential decoration management, rental housing management, etc. in the daily property management of the community, and bear the responsibility for this *** Comply with the obligations and responsibilities performed.

4. If owners or property users have opinions or suggestions on property management, they can directly submit them to the property management company. If a dispute occurs, it can be resolved through coordination and resolution through the owners' committee or the property management administrative department;

5. Strengthen the awareness of safety precautions, consciously abide by the rules and regulations related to safety precautions, do a good job in fire prevention and anti-theft work, do not place valuables and large amounts of cash at home, and store such items in a bank safe deposit box. Ensure the safety of family members and property. Property management companies do not assume the responsibility for the custody and management of valuables and large amounts of cash in the owner's home. 6. When decorating a house, you should abide by the "Management Measures for Residential Interior Decoration and Decoration", "Regulations on Decoration Management", "Guidelines for Residential Interior Decoration" and relevant regulations on property decoration, and inform the property management service center in advance. The service center will notify you of the matters needing attention and Prohibited behavior is notified to property owners and property users. If there are any violations or illegal decoration of the house or phenomena that hinder the normal use of the property by others (such as seepage, leakage, blockage, risk, etc.), they should be corrected in time. Those who cause losses to others should be liable for compensation. For those who refuse to correct, the property management company may Take corresponding measures to stop their behavior and report it to the relevant administrative departments for handling according to law.

7. If the owner entrusts the property management company to repair and maintain the relevant facilities and devices in its own and adjacent parts, it shall pay the corresponding fees.

8. Where the building construction and ancillary facilities have or may hinder or endanger the interests and safety of others in the adjacent houses (such as water leakage in the adjacent houses), or hinder the uniform appearance and the view of the community ( For example: if the external air-conditioning device is not installed in the designated location, and any signs, billboards or slogans that can be seen from the outside are posted or installed without authorization, and if the owner alone or jointly repairs or rectifies them according to regulations, the owner should promptly carry out repairs and rectifications. ; If you refuse to carry out repairs and rectifications, the developer or the owners' committee shall entrust the property management company to carry out repairs and rectifications, and the costs shall be shared by the owners in accordance with regulations; owners shall not artificially obstruct repairs and rectifications. Obstruction of repairs and rectifications will cause personal injury and damage to the property and others. In case of property damage, the obstructor shall bear compensation and legal liability.

9. When establishing a legal leasing relationship with other non-owner users, you should inform and require the other party to abide by this owner's agreement and property management regulations, and bear joint and several liability for this. Within seven days from the date of signing the lease contract, the rental status of the house and the ID card of the relevant renter shall be submitted to the property management office for archiving and filing, and shall bear the obligation and responsibility to assist in the management of the renter of the house.

10. The following behaviors are not allowed within the scope of this property:

(1) Changing the structure and appearance of the house without authorization (including the color, appearance, etc. of exterior walls, exterior doors, windows, balconies, etc.) Shape and specifications), design purpose, function and layout, etc.;

(2) Illegal cutting, demolition, erection and construction of the internal and external load-bearing walls, beams, columns, slabs and balconies of the house; (3) Occupying or damaging stairs, passages, roofs, platforms, roads, parking lots, bicycle rooms (sheds), and other public facilities and venues; hanging and drying items outside public corridors;

(4) Damage, dismantle or modify public facilities such as power supply, water supply, gas supply, drainage, sewage, fire protection, etc.; (5) Stacking debris at will, discarding garbage, and throwing objects at high altitude;

(6) Storing flammable materials in violation of regulations , explosive, highly toxic and other items and the discharge of toxic, harmful and dangerous substances, etc.; (7) Trampling and occupying green land, damaging and painting garden architectural sketches; (8) Setting up random objects in public places and on both sides of roads Stalls;

(9) Randomly placed, posted, hung, or set up billboards that affect the appearance of the community; (10) Parking of vehicles at will;

(11) Gathering people to make noise, Noise nuisance, endangering public interests or other immoral behaviors; (12) Raising poultry, livestock and pets in violation of regulations; (13) Other behaviors prohibited by laws, regulations and government regulations.

11. Pay various service fees charged by the property management company on time and in accordance with regulations.

12. When owners use paid cultural, entertainment and sports facilities and parking lots and other public facilities and venues in the property, they should pay fees in accordance with regulations.

13. Owners should consciously abide by the provisions of this Convention. Any violation of this Convention that causes personal injury or property damage to public facilities or other owners or users shall be responsible for repairs or compensation.

14. Strengthen the construction of spiritual civilization, promote socialist ethics, help each other and live in harmony, and jointly create a good and harmonious environment for work and life. Property owned by this owner:

Residence: Building Others: Unit: Telephone:

Owner (signature):

Year, month, day Who has Hefei City Temporary Management Regulations for Property Management Owners

XX Management Measures for Owners’ Self-Government Institutions.

Article 1 In order to regulate the behavior of the owner's autonomous management agency, these measures are formulated in accordance with the "XX City Property Management Regulations" and in combination with the actual situation of this city.

The term owners’ self-governing institutions convene owners’ meetings, owners’ congresses and owners’ committees.

The owners’ meeting is an autonomous organization that represents and safeguards the legal rights and interests of all owners in the same property management area in property management activities. The property management area should set a maximum number of times to hold the owners’ meeting (owners’ meeting). ).

The owners' committee is the executive body of the owners' conference (owners' conference).

The owners' meeting is held by the owners within the property management area. Voting rights,

The owner decides on the same matter. Residential properties with one voting right belong to non-residential properties. The owner has one vote for every 100 square meters of building area; except for units less than 100 square meters. , counts as one vote, but the Owners Covenant provides otherwise.

For more owners, according to a certain proportion of the number of representatives elected by the owners' congress, the owners decide to convene the owners' meeting with reference to the owners and consult, the owners' congress exercises.

In the event of one of the following circumstances within the property management area, the property of the property construction unit or sales unit, the people of each district (county, city)*** the real estate administrative department, the sub-district office, the township people* Under the organization of **, led by ***, the first owners' meeting of the owners' meeting elected the main owners' committee:

(a) More than 50% of the total construction area of ??the new property was sold;

( ) Two years after the date of the first sale of the property.

The sixth construction unit or sales unit shall report the construction area of ??the house for sale, house sales, inventory and other materials to the district (county, city) people*** real estate administrative department, and at the same time, send a copy to the location The sub-district office, the township people's ***, the people's ***, and the real estate management department of the district (county, city) shall combine the sub-regional offices with the township people's *** within three months after receiving the materials. , guide the owners or units of the housing construction unit sales organization to prepare for the first owners' meeting (owners' meeting):

(1) Establish a preparatory group for the first owners' meeting (owners' meeting). The preparatory group consists of the housing construction unit or the selling unit, the preliminary property management company and owner representatives. The person in charge of the preparatory group serves as the owner and publicizes the preparatory matters related to property management in the area. For the specific implementation of preparatory work for the construction unit or unit for sale, the district (county, city) people***, the real estate administrative department, the sub-district office, and the township people*** should participate in and guide the preparatory work;

(2) Consultation on the recommendation of candidates for the owners committee;

(3) The establishment of the owners meeting, consultations held by the owners and owner representatives;

(4) The drafted owners' committee charter , the draft convention expresses the opinions of the owners and owners;

(five times, places) Determine the owners' meeting (owners' meeting) and make preparations for the meeting.

At the meeting two weeks ago, what was the meeting time, place, content, form, candidate list, voting rights and the rights and obligations of voters? Property management, promotion and promotion in the area.

Article 1 of the first owners’ meeting or owners’ representative meeting shall follow the following steps:

(a) Introduce the preparations for the meeting of the meeting preparatory group;

(b) Announce the election procedures; (3) Candidates for the Owners Committee by the General Assembly Preparatory Group;

(4) Voting owners are elected as members of the Owners Committee;

(E) Director, Deputy Director of the Owners " The members of the consultation committee of the owners' committee hold candidates for the election;

(6) The voting owners elect the director and deputy director of the owners' committee;

(G) The "Convention" was reviewed and adopted "On the Owner's Constitution and the Owner's;

(h) Other matters. Owner

Article 8 If the owner fails to attend this meeting, he shall write a proxy to attend and exercise his vote If the owner does not have the capacity for civil conduct, his or her guardian shall exercise these rights.

The owners' meeting or owners' representative meeting shall invite a certain proportion of non-owner-occupied housing members to attend the meeting. Appropriate right to vote and be elected.

9. The majority of the voting rights of the owners (owners’ meeting) in the property management area must be attended by the owners’ meeting (owners’ meeting). ) decision shall be made with the participation of the owners' congress (owners' representatives) by majority voting or the owners' agreement with the owners' committee and the necessary funds to hire or fire the property management company's office, maintenance. The decision to continue wafering and using the fund must be approved by three, more than two-thirds of the voting rights of all owners (owner representatives).

To convene an owners' meeting (owners' meeting) voting rights, voting rights or other means may be used, subject to the consent of the owners' committee or the owners' committee through or the owners' covenant and the necessary funds, re-election or removal of the owners' committee or owners' committee Decisions by the Director, Deputy Director, hiring or firing of the property management company, maintenance of funds and use of the wafer must be taken by vote.

When convening a meeting involving the re-election or removal of the owners’ committee, the director and vice-chairman of the owners’ conference (owners’ conference), the owners’ committee shall invite the people ***, the district (county, city) real estate administrative department, the sub-district Office, township people ***'s participation. Can "Tenant Management Agreement" and "Owner Management Agreement" exist in the same property management area at the same time?

Yes. However, tenants must abide by the terms of the Landlord Management Agreement. What should I do if the owner disagrees with the clause in the "Temporary Management Agreement" that does not allow the owner to close the balcony and refuses to sign the contract?

According to the provisions of relevant laws, if the owners who account for more than half of the exclusive part pass the temporary management agreement, the agreement will take effect. The terms and conditions in effect shall be observed regardless of whether the owner agrees to them or not. If the owner builds illegally, he can report it to the urban management department, and the owners' committee will come to cooperate with the urban management work and demolish the illegal buildings and structures. Which competent department should the owner's management agreement be reported to for registration and filing?

This agreement was formulated with the intervention of the local neighborhood committee and must be reported to the sub-district office level *** agency. For details, please refer to the "Organizational Rules of the Owners Conference and Owners Committee". What is the significance of the management agreement for the autonomous management of the owners?

The management agreement should cover the use, maintenance, and management of the relevant properties for the common interests of the owners, and the owners should Obligations to be performed, responsibilities for violation of management regulations and other matters shall be agreed upon in accordance with the law. Management regulations should respect social ethics and must not violate laws and regulations or harm the interests of social ethics. The management agreement is binding on all owners.