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How should property company is opposite of owner decorate undertake superintende
From;  Author:Stand originally

Some village owner is mirrorred, village government department falls in the premise that agrees without owner, the member that send enters the building that its still are decorating, the window frame that installs owner proper motion is demolished and take away, those who install place outside while the wall is being demolished, also destroy. Owner thinks: Although village government department issued a situation to rectify and reform advice note, but have no right do sth without authorization enters private house to be demolished forcibly, this kind of conduct is serious enroach on the interest of owner, administrative department staff lacks the basiccest law common sense. The loss that at the same time owner asks the village manages a ministry to give its to cause to this incident undertakes compensatory. Note: 1, maintain via concerning a section, the window that owner installs builds thing for what violate the rules and regulations builds; 2, before village property runs a department, already gave out to owner " behavior of break a contact rectifies and reform advice note " , but owner states refus is not rectified and reform. Case analysis: One, the responsibility that village government department has the behavior in decorating a process to owner to have necessary restriction? As " property management serves a contract " inside an obligation of the agreement, property management company is responsible the behavior in decorating a process to owner undertakes superintend and be limitatived necessarily. Above all, the village manages what the ministry ought to examine owner to decorate plan, prohibit what the residence decorates a project behavior and note are passed " the residence decorates notice " the form informs owner and owner precatory to decorate a company, sign with owner " the residence decorates management to serve an agreement " , notable is, must not damage the building bearings structure and destroy building appearance, change building is exterior color; Floor of floor of Lv of take an examination bears the weight of force; Do not affect border the safety of the building is used; Use what do not affect other owner normally etc. Next, village government department ought to according to the agreement, strengthen to decorating the spot daily perambulatory with the examination, supervisory owner or decorate a company to walk on luggage to repair consultative provision content. If discover owner perhaps decorates a company to have the act that violates an agreement, village government department ought to check in time, already caused factual consequence or refus does not correct, ought to report concerned branch is handled lawfully in time. Finally, decorate end, village government department ought to undertake the spot is checked and accept, every has violate the act that decorates an agreement, should ask owner or decorate a company to restore or compensate for. 2, the break a contact that whether village government department answers owner (violate the rules and regulations) does behavior assume not good at responsibility? Property management company makes be commissioned carry out administrative company, ought to according to " property management serves a contract " agreement, fulfil corresponding administrative obligation. But, property management company is mechanism of administration of and rather than of a civil main body, cannot adopt coercive measures, what it can do is merely use person is reached to put forward to improve an opinion to owner when discovering a problem, and cannot take administrative punish step directly. Accordingly, wanted village government department to put forward to rectify and reform an opinion to owner only, ought to say to all already arrived to depend on the obligation that administer a contract and fulfils, to the behavior of break a contact of owner property management company does not assume responsibility. But, if property manages a company to did not fulfil supervisory government obligation at all, can not discover a problem in time and to table a proposal, also did not tell concerned branch or owner committee in time, property management company was violated " property management serves a contract " in conventional obligation, ought to undertake corresponding responsibility of breach of contract right now.
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