【 Weak current College 】 logistics, property management case studies

Property management of the implementation process will always be met in one way or another difficult problems, such as case, how to resolve this problem, is the property of a difficult problem, in order to better promote the management of University property, we will comment on the following cases provide for everyone, hope on all parts of the University's property management has some reference. Because of the different parts of the University, property management model is different, thus there is a difference, the solution may not be reproduced, should be based on the actual situation of the school for analysis and resolution, but must be based on the laws and regulations that go beyond legal and regulatory approach is wrong:

L, security drink assaulted students cases
2 January 2003, a University Wuyeguanlizhongxin two security, dined, due to excessive drinking, flinch while drunk, travel inconvenience, forcibly sent to a student back to the dormitory, the two students ignored, both to forcibly take students, entangled, and moving to both the students ' eyes, eyebrow, wounds and broken. The student was taken to the Hospital where the needle stitched 3 meigu Department. After the incident, the other students to report to school Security Department, school Security Department immediately two security personnel sent to police, according to the case, detention reviews. Wuyeguanlizhongxin know this incident, immediately by the Deputy Director of the Centre and the charge to the hospital to see students, and expressed its condolences. At the same time decided to students during hospitalization, responsible for daily meals to the wounded. In verifying the events occur, in accordance with the provisions of the two decisions of the security to expel, Koufa month salary, a fine of $ 500. Parents informed of the incident, as in the same city, the request immediately to the school, the compensation for injuries and moral damage, but also make check wuyeguanlizhongxin, otherwise will be in the press, also threatened exposure and leading very well in school, a Word can have logistics group leadership to step down, and so on. In response to this situation, wuyeguanlizhongxin analyzed, considered that this happened in security after work, individual caused by excessive drinking, personal behavior has nothing to do with wuyeguanlizhongxin wuyeguanlizhongxin except for education is not strict. To this end, disregard, still daily meal delivery to hospitals, and its after-chicken soup, nourishing care products, with students to the hospital, and delivered the maintenance fee and medical expenses. During this period, the students ' parents repeatedly threatened and looking people, nor on its wuyeguanlizhongxin requires a large, has dragged on for nearly a month. Finally, the students ' parents raised students exam requirements, no longer abstract wuyeguanlizhongxin check requirements, wuyeguanlizhongxin contact with students, made a study of the corrosion, solve student injury did not participate in the final exam, the dispute has been resolved.

【 Comment 】 security beat people first contravention People's Republic of China Public Security Ordinance, article 22, paragraph 1, "battering, resulting in minor injuries. To the l-15 days of the day. "By beating parts in the face, ' can cause scarring of others, and therefore constitute crimes, based on the disability People's Republic of China part 2 of the Criminal Law Branch, chapter IV invasion of civil rights, and democratic rights crimes 234" intentional bodily harm in addition to 3 years imprisonment, criminal detention or control. "However, the security acts of laid-off, after their own and are not related to wuyeguanlizhongxin wuyeguanlizhongxin should not bear the economic liability and legal responsibility but should bear education and management of staff responsibilities and wuyeguanlizhongxin in this matter has been to insist on humanitarian conditions, as was the student meal, but also to its paid the medical expenses and hospital stay, do the utmost, and cold treatment, finally solved the problem, you can reference.

2, dead drop crushed pedestrian case
30 May 2003, a University a tree near the hostel sign of a twig twigs of Sophora japonica themselves fall envelopes, not specially around the outside of a lesbian lover after, just drop it in lesbian, cut, crushed the back and arms. After the incident, his wife gave greening wuyeguanlizhongxin Ministry telephones, inform, Deputy Director in charge of green sped scene and view the results and the reported facts, immediately lesbians rushed to hospital for treatment, with no serious injuries in hospital, the hospital a few days ' rest. His wife made to school wuyeguanlizhongxin claims, 1, 2, responsible for medical expenses: compensation of moral damage costs; 3, pay for nutrition charges about $ 3400 and made additional condition, namely the lover has been pregnant, if not more on preserving. Wuyeguanlizhongxin not agree or disagree, but said to the doctor, we ask the leadership. Period, his lover reminders require a reply, after consultation with the lawyers wuyeguanlizhongxin, aware of the need for compensation for pedestrians, crushed, but you can not compensation for moral damage and guarantee the fetus during pregnancy, through negotiations, and consensus, paid for the medical expenses $ 1300, resolved the dispute.
【 Comment 】 dead drop crushed pedestrian line green management are not in place, all responsibility lies with the wuyeguanlizhongxin, should be compensated. For victims of some unreasonable demands, must hold a prudent attitude. The comparison of practices wuyeguanlizhongxin, not its positive conflict, first understand the legal requirements, see processing level, and then negotiate with the victim, put out the truth and responsibility until resolved the dispute, in order to improve prevention while wuyeguanlizhongxin, Qin trim dead branches and prevent accidents from occurring.

3, building glass drop smashed car case
In September 2003, lO, a teacher in a University in the car parked in front of the building, at 40 minutes when l2, upstairs a piece of glass suddenly drop, hit the car windscreen, the blow to the windshield, and scratching the car's front cover. The glass window of the passage, the window is the window sash candidum, dilapidated. Owners think wuyeguanlizhongxin had on communities, and property management property management fee was charged, on the obligation for management of buildings, building public parts of the glass falling crushed cars and should be repaired vehicles, restore the original appearance of the car.
【 Comment 】 first to see wuyeguanlizhongxinWhether to have custody trolly. We have communities in the management of the custody of the vehicle, and the owner has signed a contract vehicle custody, charge the vehicle maintenance costs, and formed a de facto custody contract relations. In contract cases, wuyeguanlizhongxin formed on the custody of the vehicle for damage, loss of damage liability. The contract law provisions article 374: "in the custody of the poor because of depositaries damages or losses resulting from, the depositary shall be liable for damages, but care is free of charge, no custodian to prove negligence, is not liable for damages. "It is not signed with the owners wuyeguanlizhongxin custody contract nor receive custody fees, therefore, can be defined as free of docked, you can not pay for it. The second depends on the falling glass wuyeguanlizhongxin whether management responsibilities. The General principles of civil law provisions "article 126 of the buildings and other facilities as well as building on shelving, reset hanging from collapse, come, occasioning damage fall, its owners or managers shall bear civil liability, but to be able to prove that no fault exception. "Provisions clarified the owners and managers. The glass is a public walkway window, place of management, wuyeguanlizhongxin wuyeguanlizhongxin should do a managers should fulfill the obligation to eliminate this risk, on the window as soon as possible, since the State of repair, resulting in glass drops, smashed car front windshield and front door, wuyeguanlizhongxin shall bear an unshirkable fault liability shall compensate owners of repair costs.
4, wind down the adversity tree, smashed the private property of the Gale days prone event brought down trees
June 10, 12: 30 a wind down neighbourhoods within a big plus Yang, hit a second layer of glass Windows, crushed the Windows smashed glass, fortunately did not hurt anyone. The original vehicle engineering, laboratory of a tall Pagoda of a dry twigs was blown down, dropped on a Santana car, hit bad car windscreen, fortunately did not hurt anyone. To this end, the tenants and owners have a claim to the property management company, the property company to tree maintenance, should compensate all losses. Property companies think trees broken is the role of external, unforeseeable. And should not be compensated, but property company or rapidly send maintenance window of the household, and will be sent to repair the car. After this, property companies greening operations immediately to the school to inspect trees, found 39 is a dangerous trees, immediately to the school's name to the Woods beat emergency cut application report of dangerous trees and get approved, eliminates security risks. This reflects the greening of conservation management have not fine, especially dead car was hard on the event can be avoided, because the dead can be seen, as long as careful trimming will prevent this issue from occurring.
【 Comment 】 mend is not too late. Blocking the accident of vulnerability is the key to real estate management, only the accident elimination in the budding, can guarantee security.

5, upstairs leaking maintenance costs should be borne by who?
In 2002, an unit 8, 143 in colleges and universities who sue a discovery leaking roof down the toilet, and upstairs tenants zhaomou representations, called toilet water do it again, and the costs to be borne by zhaomou to own no decoration zhaomou as ignored repeated requests, a solution to fail, so will zhaomou to court, but in the courtroom as the Soviet Union a judgment against the insufficient evidence. So sue their own one will replace the toilet roof. In November 2003, one day, sue a toilet leak which shed area, sue a again to view the original zhaomou home heating pipe valve was damaged, a large number of heating zhaomou flow to the surface, causing a lot of leakage to the downstairs. Sue a proposed to replace the toilet floor tiles zhaomou, redo waterproof. Since the previous disputes, on the Court, refused to hold Italy Zhaomou. So sue a find wuyeguanlizhongxin, request for settlement, wuyeguanlizhongxin informed after the two companies were investigated and found that is not due to pipeline for many years, rotten, need to be replaced, pipe lines school house for sale to individuals is committed to the maintenance of public schools, therefore, maintenance costs should be paid by the school. Wuyeguanlizhongxin has to apply for special schools for escalation, and approved, after consultation with the two reached a consensus, Zhao waterproof redo one at a time, and ensure the use of original tiles color similar material, thus solving the two disputes and contradictions.
【 Comment 】 upstairs leakage is a neighbourhood disputes and conflicts, an important factor, solve leaking problems conducive to maintaining owners relationships between harmony. People's Republic of China in the General principles of civil law by article 83 expressly "adjacent immovable property, the parties should be conducive to the production, easy life, solidarity and a fair and reasonable, proper handling of water, drainage, traffic, ventilation, lighting and other aspects of the relationship between adjacent to the adjacent side interfere, or loss, it should be stopped, excluding hampers, compensation for loss. "Therefore, the leakage from upstairs property management disputes arising under the civil law principle of fault to determine liability. Fault liability principle to blame for the element, if one party for the consequences of the fault, the fault is responsible by the expenses; no fault has no responsibility for, the cost of the commitment to apply the principle of fairness, equitable sharing by the two sides. This dispute as is the school's commitment to public parts of long use, damage to the pipeline, so should be determined by the promised party schools pay maintenance fees.

6, construction site hurt students ask for payment in
In May 2002, the University campus of a heating well being crushed in construction of the cart, you built, daytime pedestrians more, at night, during the day, simply press the bad wells had walls off that night when the clock jiudianduo construction personnel have just removed Wai, placed on the construction licence, but also do not hang up the direct light. A student riding a bicycle and go straight to repair of heating wells, a threw in, things like broken limbs, knock off two teeth. Construction personnel immediately students admitted to university hospitals, treating the injured. Afterwards, the students made a claim, call our property company compensation for his loss of medical and spiritual, and costs $The student is located at home we find also the leadership, students and faculty to construction unit had not led to reason, requests must be compensated. Property companies also the students did not look at the construction brand reasons, refused to pay. After repeated consultations last construction company paid for the student's medical and nutritional fee $ 2000.

【 Comment 】 construction site management to formalization, cannot, in the construction of some tips before you do, install instructions-light, preventing accidents. The cause of this event was the construction unit walls off is not timely, the red light without first installation instructions before causing students to go to ROPS vulnerability, construction unit has management responsibility, but students also have no signage, quick bike and go away. Under the building Act, article 44 pointed out that "construction enterprises must strengthen the construction of management of production safety, implementation of safety in production responsibility system, take effective measures to prevent injuries and other safety accidents, article 45 pointed out that" construction site security by building construction enterprises. , ' Since the construction units have the responsibility for security and, consequently, the need for compensation for the loss of students.

7, a layer of household water pipeline without changes, resulting in a second layer of sewage spills
In a University dormitory 28 units on the second floor of a household's water to drain effluent, households will report to the property management company promptly after the maintenance personnel to the scene. This building, although in the past, the construction of the class c floor water pipeline when the clogging, previously just a layer at the risk of sewage, but never found the second layer also to risk. To do this, check the level of households, the original, a layer of households is the school just moved to households, in the decoration of their own private will be launched in addition to the pipeline, to a sewage wells and their original outlet plug housing, thus forming a mains plug, the sewage from the second floor of the household to risk. This problem is that although a layer of households should not be changed without the sewer line, but the key reason or pipeline is too old, does not meet the requirements of modern life. Fundamental solutions or to replace the water total pipeline. To this end, the property management company in consultation with the school from housing public maintenance fund financed the replacement in the pipeline, household water jams.

【 Comment 】 under the property management regulations, the provisions of article 50 "property management area in accordance with the planning and construction of public buildings and utilities, may not be changed. Owners do need to change the law to public buildings and public facilities, must legally relevant procedures after informed property management companies ". Households without changing the water pipeline, did not follow the procedure for approval, nor does it inform the property management company, shall be responsible for the household, but because of the school building public infrastructure is aging, creating a layer often clogging, a layer of household water pipeline transfer only. Schools should also bear some responsibility for rectifying the pipeline is the fundamental approach to solve the problem.

8, heating pressure test case of the exception occurred
In October 2002, a University 3l heating on the pressure, chemical and materials, a laboratory within the exception, heating water from wash basins to risk, destroyed the entire suppression work. Property company maintenance personnel to the scene immediately, the inspection found that the original decoration of the laboratory, school construction team is responsible for the decoration, the school construction team in the construction process, without permission of the wash basin water received radiator, cause heating on pressure, appear to take. Maintenance personnel immediately disconnect the down-flow pipe, block the outlet, temporarily resolves the external risk. This gave rise to the school, have made on this issue, criticism and punishment of the Academy leadership and laboratory, and reiterated that all construction must be property company approval and construction by estate company supervision to ensure quality.
【 Comment 】 this issue reflects the part of teachers and school leaders on issues of importance to the decoration, private please no qualification of construction unit construction, there shouldn't be problems. In accordance with the construction project quality management Ordinance, shall consist of the construction party for payment, but because of the laboratory is no qualification, please, could not claim, but to do administrative processing, key should also improve the quality of consciousness at all levels of the Organization and on the knowledge of the building Act, in accordance with the law, to prevent such problems.

9, family community green space are owners planting toona, grapes and other miscellaneous tree?
The families property of a University community green space in recent years, growing by some owners planting on Toon and grapes, green space into a Hybrid Woods, the owners of these covers were affordable, annual benefit, but it takes up the majority of owners of green land, have complained. Wuyeguanlizhongxin at first were discouraging, but little, some owners still sticks, do not listen to advice, to continue to reap the fruits of the harvest. Wuyeguanlizhongxin felt a little out of control, then put up a notice requirements in five days to clear the cultivation of grapes to toona, imposing a solution, then consolidated recovery green space. Prescribed time limit, but there are still some people did not provide clear mixed tree, to this end, this situation to wuyeguanlizhongxin urban sector reporting and recovery programmes, green space with the Bureau agrees with their own hands after wuyeguanlizhongxin began toona, hybrid tree has been cleared. Clear has just started, some owners use the telephone to the Bureau and the woods are reported complaints without felling wuyeguanlizhongxin. Landscape monitoring and urban sector law enforcement personnel to the scene immediately, as has been with the Bureau, they learn to communicate is to restore the Greenbelt, beautification of the community of the measures taken by the masses explained, first affirmed wuyeguanlizhongxin Center planning Greenland's approach is correct, while pointing out that the community green space is shared by all owners, also told the landlord resources back to the green space is the consent of the relevant departments, resulting in support of the masses, and foster the image of the wuyeguanlizhongxin, also for non-compliance with the owners of the residential property management on an education course, make the rezoned green space programme to be implemented.

【 Comment 】 owners secretly planted in hybrid tree University community in widespread, particularly in a layer of the campus is not uncommon, in changing living conditions, but also establish residence civilization of recycling. Small no matter the National Cheng Kung University, on the violation of symptoms once, Kin outcropNever stop, otherwise they will be around, spread, resulting in passive situations in which these solutions are not easy. Property management departments must use owners Convention management and services, protect the interests of the owners, the embodiment of the idea, all problems will be solved.

10, broadband network installation of disputes
5 June 2002, a property management company and Beijing telecom sector signed an agreement to install broadband network, entrust Beijing telecom sector on the area of residential building to install broadband network, careless in construction will be 103 units, tenants of the House of Wu × ×, wire cut off circuit being work, after the incident, the construction units for repair, and connect the wires, but due to the negligence of electrical wires connected backwards, and the households and business travel, up to a week in this living, back when the refrigerator is not started, stored inside the food all stink, and refrigerators have been unable to deodorize. To this end, the company proposes to property tenants for construction damage his refrigerator, on the grounds of claims property company compensates his refrigerator. Property companies to not construction units, and to not find construction units as reason to refuse payment. Households also does not resolve this issue does not hand over the management fee of confrontation.
【 Comment 】 this matter is the construction unit construction, but also negative a property management company supervision responsibilities, should be the primary responsibility of construction units, property companies, negative must be co-financed by the two companies to purchase same household refrigerator, payment, Wu × × to resolve the dispute.

11, lift out dog King Lady case shocked
1, living in a University 133 units 1007, return of the King Lady morning exercise is to take the elevator home from the lift channeling a dog, will King Lady started to throb, long time not too slow to God. To do this, the King Lady requested property companies give spiritual loss costs $ 3000, as a small dog on her frightened of compensation. After numerous consultations, King Lady $ 500 payment of fee payment.
【 Comment 】 this issue reflects the property company management loopholes, Beijing, feeding of pets will not be allowed to enter public facilities such as manned elevator to impede the normal life of the residents. Property company has not posted, let tenants understand file spirit, nor let elevator staff stop pets into the elevator, therefore, the responsibility of the property company, so it should be for payment.

12, dismissal of employees should be retroactive compensation dispute
1 November 2001, a University Department of property company maintains cleanliness the dismissal of a worker engaged in waste/f shipment of cleansing Xu x, this person has to work for more than 10 years the University, to January he petition filed the Haidian District labour offices of the property company code for him, every year, a month of compensation, working for 10 years to meet the 10 months of compensation, their monthly wages to $ 650, a total of $ 6500 should be compensated. Property company to Xu × × rummage in the working time, and the cleaning Department criticized is still not corrected, thus violated labour discipline, to dismiss, dismissed at the property management company will also told I of this decision, is also a property company, therefore no compensation. Haidian District labour arbitration through conciliation, the case, under the labour code, article 25, paragraph 2 provides for serious violations of labour discipline and regulations by the employer can terminate the contract. As a property management company has repeatedly advised Xu × ×, × × is still a disciplinary and, therefore, to be relieved, I was acknowledged and signature, a property management company and, therefore, no compensation for a month each year.
【 Comment 】 with the carrying out of the labour code, labour disputes, will be more and more, and this is the University's property management Department, together with the subject, how to solve such problems, the key is to act in accordance with the law, we must adhere to the proceedings, cannot be arbitrarily dismissed, there must be, at the same time according to the requirements, be public, this is the only way.

13, travel chaos built demolishing private cabins of case
A University in order to standardize the campus environment and made a mess of private households removed built cabins, a property management company, a tenants live on the top floor, without permission in the roof put up cabin and construction construction problems also when to water penetration, to other household brought inconvenience. So the property company to be the private use of the cabin, the tenants have been dismantled, find law firms, legal battles with the property management company. 1, the household solicitors found property company, called Why remove the occupants of the House. Property company leaders answer: according to the Ministry of construction and real estate management and related legal requirements, the public part of the property shall not be subject to invasion, because the roof is a common part, not a place, if you want to use, you must seek the consent of all households in order to set up, and down water seepage, impeded other households, and therefore must be dismantled. Solicitors are justified, the household together to convince, not lead to disputes.

【 Comment 】 under the property management Ordinance "article 51 of the owners, property management companies will be allowed to occupy, a mining property management area roads, venues, to the detriment of the common interests of the owners." Since without encroaching on the public portion of the damage the interests of the other owners, so it must be removed. It also describes the property management not only to act in accordance with the law, and to do the work, patience and convince the tenants understand property management, property management, supported by the relevant policies and regulations to implement.

14, refuses to pay parking fees caused by traffic penalties

University property companies on residential property management, one of the tenants home has a small truck, do business, the people in the past through labour has now released, very diao lyrics, he refused to stop the annual fee, property companies over and over again looking for his work, but just don't pay. Therefore, the property company informing him, such as no longer pay would not let his car into the community, the tenants said: If you do not get into, get the car up at the gate. To this end, the property company to ask about the traffic Department, to clog traffic you can pull it with trailer. Therefore, the tenant does not pay parking fees, rejected the car door to enter the communityThe tenants will car plug in a doorway, property companies immediately call the transport sector, traffic team to the trailer to be towed away. The tenants at that property management company will be returned to his car, after three days to see the car is not returned, hurry up, find the property company to cars, property companies told him that your car is traffic team away. He worried that started the request property company came forward to help him to the car, and finally in property companies, paid a fine going back to the truck, the household is refusing to pay the parking charges.

【 Comment 】 property management to rely on the support of the relevant government departments, both principles, but also stresses strategy. Under the People's Republic of China Road Traffic Management Ordinance article 66 stipulates that "no unit or individual without the approval of the public security organs, not allowed to occupy Road ran a presence, parking, a heap of homework, playing shed, cover housing, trading and other traffic activity." The tenants will be issued in a non-car parking lot on the road, should be subject to penalties, in property management companies rely on traffic team for law enforcement, and settlement of the blocked roads, and educate residents, also receipt of all the parking fees, threefold. In the property management process, you will encounter many problems, more cases are just some of the problems we encounter, for example for analysis, for comment, maybe colleagues refer not exact, but our aim is to offer hope of colleagues in universities all over their own work in the example, a common Exchange, mutual access to required reference each other, in order to bring our institutions of property management work better.