1. Laws and regulations should not require a single owner to set up an owners' meeting; 2. In the transitional period of the old and new system of housing reform, for the management of buildings with only one or several owners' property rights, the owners' meeting should not be mandatory, and a management Committee can be set up to lower the level; 3. Only when the management committee cannot be established through negotiation can more than one owner set up the owners' meeting and elect the owners' committee; At different levels, various ways should be allowed to exercise management or management entrustment to prevent a "one size fits all" approach; 4. For new buildings, when multiple owners own a property, an owners' meeting shall be established; When there is a prior agreement, we should act according to it? The convention should become a management rule recognized by government documents and have certain legal binding force.

To convene the owners' meeting, we must first determine who is the legal status of the convener. At present, the problem in many communities is that either developers organize owners' meetings, or owners automatically organize owners' meetings, or neighborhood committees organize owners' meetings. Many owners' meetings have been set up in a community, and they do not recognize each other. New and old communities will have similar problems, and it is impossible to determine whether it is true or false, but who has legal status. Convenor should take into account the different situations and transitions between the old and new communities.

At present, there are also cases where the government organizes owners' meetings at the request of the owners, but they are opposed and brought to court. So there should be relevant regulations to prevent similar problems.

Owners who own more than 50% of the shares according to the owners' convention may have different interests with more than 20% of the owners, which may lead to the meeting convened by the convener not being recognized or causing conflicts, and it is necessary to increase the legal provisions for government participation and coordination.

Second, the responsibilities and powers of the owners' congress

Entrusting a property management company includes partially authorizing the property management company to exercise the enforcement power of maintaining resolutions and conventions.

When the government needs to put forward management requirements for the community, it should not deal with the owners, but with the owners' meeting. The owners' meeting shall carry out the government's instructions.

Members and staff of the owners' committee shall have labor subsidies (allowances). It is suggested that the allowance standard should be paid according to the minimum wage standard stipulated by the owners' committee and the local government that manages less than 50 management units, and the maximum is not higher than the local average wage.

The owners' congress has the right to supervise the management and operation expenses, and the supervision is generally carried out through auditing.

It is suggested that construction insurance become a mandatory clause.

When the public facilities in the community are not perfect, the owners' congress may decide to purchase and improve the public facilities.

It is impossible for the document to completely stipulate the functions of the owners' congress, but it should be allowed to have other powers to safeguard the rights and interests of owners, such as resolving contradictions between communities.

Third, the special power of the owners' congress.

The most contradictory and controversial issue in property management mainly lies in the use and management of public parts. When the owners' meeting is established, the whole community becomes a whole, and the power is concentrated in the owners' meeting instead of individual owners.

When the owners' congress adopts majority voting, it should adhere to the principle that the minority is subordinate to the majority.

Failure to pay the fees on time should be understood as an infringement on the rights of other owners. If the owners' congress entrusts a property management enterprise, it is equivalent to the default of the owners' congress. The owners' congress has the right to safeguard its own rights and interests and ensure the implementation of the entrustment contract.

The payment of property management should be the behavior of owners' interests, not the behavior of individual owners.

Four, the establishment of the owners' congress fund

Fund refers to: 1, property management fee; 2. Maintenance expenses of the owners' committee; 3, the provisions of the state public * * * maintenance fund; 4. Organization expenses of early property management.

Article 43 of the "Regulations" implements the bargaining method, which is changed from lump sum to royalty system.

It is the owner's choice to agree and accept the management fee budget, including the choice when buying a new property. Once the budget proposal is agreed and accepted, it must be implemented. Raising or choosing a high management fee budget is the owner's right to improve the quality of life and should be implemented in accordance with the pricing principle of market competition.

Although the owners have the same number of shares, the proportion of shares of buildings with different design functions and uses is different. The payment coefficient of business and office management fees should be higher than that of houses and apartments, and the payment coefficient of senior apartments should be higher than that of ordinary houses. The coefficient should be determined by the local authorities or depending on the design function.

The reason why the statutory fund payment benchmark date is stipulated is because from that date, it is the debt date of the owners to the owners' meeting.

Verb (abbreviation of verb) payment and management of funds

Paying the fund is the responsibility and obligation agreed by the owners themselves, not a mandatory requirement for property management companies. Although the collection may be the responsibility of the property management enterprise, the owner has no debt to the property management enterprise. Any owner's breach of contract will lead to the owners' meeting violating the entrusted management contract, which is the debt of the owners' meeting to the entrusted property management enterprise.

No matter how the lease agreement between the user and the owner is agreed, the user cannot be exempted from the legal responsibility of paying the fund. The user shall not be exempted from legal liability under any pretext, and the owner shall not be prevented from collecting rent from the user without paying the fund and management fee.

Whether the actual user directly rents the unit from the owner or not, the sublessor can pay the fund on behalf of the owner to deduct the rent payable to the owner.

The mortgagee and the owner are equal and have the legal responsibility to pay the fund.

At this stage, the fund shall not be used for other investments, especially venture capital, except bank deposits. However, in the future, part of the surplus funds can be traded in government bonds or entrusted to the capital preservation fund for trust management.

The main sources of fund management accounts are: 1, fees charged for daily management; 2. Public maintenance fees charged; 3. Fees collected by operating public parts; 4. The fees collected are used to pay the expenses of the owners' committee; 5. Fines and deposit interest in fund payment. Its main expenditure is; 1, necessary expenses for daily management; 2, medium and large public * * * maintenance fee; 3, the necessary expenses of the owners' congress and the owners' committee; 4. Necessary expenses for the public interest.

Most of the above collection work can be entrusted to the property management company, but the fund expenditure should be reported by the property management company and implemented after the approval of the owners' committee? Except for a small amount of daily expenses.

VI. Owners' Convention

Owners' convention is equivalent to the autonomy law in the management area and should have the ability to restrain internal management.

The first owner has no right to formulate the articles of association of the owners' meeting? Although it can be drafted on behalf of the owners, the owners' convention must be filed before the sales work can begin. Therefore, we should strive to incorporate the relevant contents of the articles of association of the owners' congress into the owners' convention, so that buyers can understand the relevant contents of the articles of association of the owners' congress before buying a house. At the same time, the articles of association of the owners' congress shall not be established separately? The owners' convention is considered as a document of both.

It is possible that the owners' convention was formulated by the first owner, so it is specifically stated in the convention? Five paragraphs are necessary. At the same time, it is mandatory that the first owner must bear the management fee and fund payment obligations of unsold properties.

If the first owner has made clear the ownership and use rules of the public parts before the sale and in the convention, there is no problem that the first owner can re-transfer and occupy the public parts, and there is no problem involving occupation and excavation.

The announcement or meeting that most people know is not considered as non-binding because a few owners have not received the notice or attended the meeting.

The parties to the property management entrustment contract are the owners' assembly and the property management enterprise, which is a contractual relationship and should be handled as such? Including litigation. However, if the property management enterprises exercise their rights on behalf of the owners' congress in the convention, it is impossible to benefit the protective clauses of the property management enterprises. However, property management companies can claim their rights through the owners' meeting.

One of the tasks of the government is to ensure that owners are fully allowed to exercise democratic autonomy, and at the same time, to prevent buildings from losing control or management and being in a dangerous state because of the ineffectiveness of democratic autonomy. When no consensus is reached in the process of owner autonomy, the government can exercise the special power of the government at the request of the owner to solve the above problems.

Seven, the service problems of property management enterprises

The code or system formulated by the property management enterprise shall be approved by the owners' meeting, or stated in the owners' convention, or authorized or recognized in the entrustment contract, and become an integral part of the convention.

The government's sales management measures stipulate that property management conditions must be met before the house is sold in advance, so only the first owner can exercise the entrustment right of property management in the early stage.

The indispensable share and owner's share are the important basis of property ownership and the power basis of owner's autonomy. Therefore, it should be predicted and determined before the real estate is sold, subject to the final measurement results. Because the saleable real estate area in the land transfer contract is fixed, the pool part is calculated in proportion, and the increase or decrease of the pool part does not affect the share proportion. The calculation of the number of copies has been accurate to one in every square meter 100, so if the error of the final measurement result is less than 3%, it will have little impact on the number of copies. Or the government can stipulate that after the actual measurement, it is allowed to adjust the number of copies by no more than one factor.

Contract system refers to the service management mode of providing services at a fixed standard cost to reduce costs and obtain the balance as profits.

Commission system means that the service level and charging standard are decided by the owner, and the actual cost of all services provided by the property management enterprise is borne by the owner. Property management companies charge a certain percentage of commission according to the cost of providing services as a profitable service management method.

Eight, the bidding problem of property management enterprises

At present, the market-oriented recruitment conditions of the property management service industry are not sufficient, especially the bidding conditions before the completion of the property. Therefore, whether to invite public bidding to hire a property management company should not be a mandatory condition. When the law can ensure that the owners' rights can be exercised through fully democratic and autonomous organizations, bidding is not important. If the first owner can't hire a good property management company to take charge of management, it will affect his sales work, which in itself becomes a restrictive condition.

Warranty responsibility is mostly the responsibility of construction enterprises in the relevant laws and regulations of the Ministry of Construction.

The establishment of funds and property management can only be carried out before the establishment of the owners' meeting, so the law should stipulate that funds and fees should be established first during the early property management period, and management fees should be paid first to ensure the power of building management.

For the residential quarters that are completed and handed over by stages, but the number of owners is calculated according to the total undivided shares, the method of transition between the owners' meeting and the owners' committee should be allowed. Otherwise, there will be a phenomenon that a large number of owners cannot set up the owners' meeting, or a residential club can only be allocated according to the number of shares of the area completed in the early stage, and the finally completed owners cannot enjoy the number of shares, or the later completed owners cannot exercise their right to participate in management.

It is more appropriate to change the qualification level to the technical management level. For property management enterprises, the registered capital should not be an important condition for their qualification evaluation. Property management companies rely on management and services rather than company assets to complete their business activities. Therefore, as long as there is suitable registered capital, it is possible to provide high-quality technology and services.

It is necessary to examine the professional qualification of management professionals, but it is best to implement it by local governments, rather than the national unified qualification examination and examination.

Nine, property management service charges

Generally, before the establishment of the owners' congress, when the first owner exercises the pre-entrusted management right, according to the provisions of the owners' convention, the property management enterprise is authorized to act as an agent in the entrusted property management contract. After the establishment of the owners' congress, it may continue to entrust or no longer entrust. The capital account of the owners' congress belongs to the owners' congress, regardless of whether the collection and financial work are entrusted to the property management enterprise for escrow, but the payment right in the account belongs to the owners' congress or the owners' committee.

Property management regional accounts opened by property management enterprises are different from owners' capital accounts and property management enterprise legal person accounts. The legal person account of a property management enterprise cannot replace the project property management account, which can prevent the property management enterprise from misappropriating and mixing project funds and increase the financial transparency of the account.

According to the agreement of the entrusted management contract, the property management enterprise has no obligation and legal responsibility to advance the management expenses for the owners, and should be allowed to reserve special funds for advance payment.

When the property rights and interests of buildings and public parts are clear, there will be no problem of occupation and transfer by the construction unit or the first owner, and there will be no problem of arbitrary occupation and operation by property management enterprises. The relevant provisions in the original draft can be cancelled.

In particular, property management enterprises that implement commission management shall not increase the service cost by purchasing or entrusting professional services at any price to prevent the increase of commission amount.

Ordinary houses are managed by butlers, and butlers cannot adopt the commission system in national prices. The contract system should be restricted or not adopted in the management of non-state-owned price market agreement prices, but the commission system should be encouraged, which is conducive to competition.

Prices other than the entrusted property management contract are non-government regulated prices.

The charging price of public parking lots should be decided by the owners' committee. When parking spaces in residential areas are insufficient, it should be decided through bidding, but the way and method of bidding should be decided by the owners' committee.

The owners' committee may entrust the property management enterprises to rent or operate public parts on their behalf at guaranteed prices, so as to arouse the enthusiasm of the property management enterprises, which is beneficial to the public interests of the owners, and may also entrust bidding to increase the commission or remuneration of the property management enterprises.

X. Legal responsibility of property management

According to the General Principles of Civil Law, the entrusting party cannot relieve the final legal responsibility of the entrusted matters. However, the entrustment in property management should be borne by the property management enterprise, otherwise there will be losses caused by the mistakes of the property management enterprise. The owners' meeting or the entrusting party shall bear the ultimate responsibility.

Public utilities charge fees to end users, and shall not take the form of property management companies not collecting accounts or collecting foreign exchange.

At this time, the property management enterprise shall perform its duties on behalf of the owners' congress, especially when it needs to bear the responsibilities stipulated in Article 56, there shall be provisions to ensure the property management enterprise to exercise its functions and powers according to law.

The compulsory termination of government departments is generally an extreme phenomenon, and the government has the right to make decisions to protect public interests. The government protection measures taken by the owner do not need compensation.

Property management enterprises should have the right to terminate the contract in advance, but the exercise of this right should have restrictive conditions.

The breach of contract by the owners' meeting does not mean that the contract cannot be continued, but the severity can be determined by the local government as the case may be.

Retaining the necessary employment time is also a kind of protection for the owners, and it is necessary to prevent management vacancies, such as garbage removal and management, from stopping all day.

Whatever the reason, the fees that should be paid according to the contract should be guaranteed, and giving the owner the right to terminate the contract in advance should ensure that the property management enterprise is paid.

The time limit of the owners' committee is to safeguard the owners' rights and interests and ask the owners' committee to take the initiative to solve contradictions and problems.

Legally speaking, the government has the responsibility to force property management companies not to let building management get out of control.

Even if the time has been reserved for recruiting new property management companies, it cannot be the reason why the original property management companies can make the building management area out of control.

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Question 1: Property management fees are opaque.

Property management is a long-term and continuous work, which requires constant capital investment. Although the property management fee is clearly stipulated

Settings,

Clearly marked, the property management company also promised transparent fees and fund management, and regularly published accounts. However, according to many industries

primary

The phenomenon of arbitrary charges reflected by incoming calls and letters is still widespread.

An owner of Nanshan said that the management fee paid to the property management company every month is expected to be equivalent service. But he

It's already here.

How much income is the bottom, how much expenditure is the bottom, what is reasonable expenditure and what should not be spent, they do not announce it in time, and the owners

in the heart

I didn't count. Some owners ask for a list of expenses, which often leads to disputes. In the end, it is difficult to settle accounts, and people can't do it.

Comments:

According to the relevant regulations of Shenzhen Municipal Price Bureau, the work plan of clearly marking property service charges will be completed before the end of 10.

Manage things

The clear price tag of industry. For the community whose publicity is not standardized, it will be ordered to rectify, but the property management of the community should not be publicized.

Gong Li

Our company will be punished accordingly. For property management companies that do not publicize fees or publicity is incomplete, the owners (renters) have

Right to refuse

Pay undisclosed fees and complain to the competent department of price and construction.

Question 2: The owners' committee exists in name only.

MISS ZHOU, who lives in Futian, said that she hasn't held a owners' meeting for three years since she joined the company, and her neighborhood will be changed not long ago.

Group industry

Chairman, the property management company allows each household to vote, but the votes are unfair and the election votes are not open, so the owners' Committee will

such

It's settled. Several candidates were written without the consent of the owner, and the security guard chased the owner to sign for approval. MISS ZHOU thinks.

such

Non-transparent practices violate the owners' right to know and the related rights of the owners' committee.

There are many complaints like MISS ZHOU. Some readers pointed out that the members of the community owners "nominally represent the general public."

work

The owner is actually controlled by the developer or the property management office. "Mr. Zhang of Nanshan said that many owners' committees in their community.

Du Yuan

Is the developer's internal staff, the property management company is also its subordinate units, so when dealing with some related issues, the community owners

committee member

The meeting can't really represent the interests of most owners at all, and even cause damage to owners.

Comments:

In the draft property law published recently, the concept of "owner" was written into the text for the first time. The owners' committee is

owner

Property management departments have no right to replace or take away the most important functional institutions that enjoy relevant service rights and perform obligations.

Eliminate business.

The establishment of the Committee.

Problem 3: Weak sense of service

The competition of property management enterprises is fierce, and the degree of market operation is also increasing. Since it is market-oriented, property companies should be very

clear

The owner of the market is the owner. Owners have a strong awareness of rights protection and have higher and higher requirements for property work. But the current situation

Yes,

Many property management companies still regard themselves as management departments, and more often manage them according to their own wishes rather than the needs of owners.

Lishe

Area.

Some owners think that property management agencies are paid "housekeepers" and should try their best to solve problems for owners and do their jobs well.

Engage in industrial or engineering work

Work, rather than condescending to appear as a manager. Property companies should change their ideas. Enhance service awareness.

Comments:

Many owners put forward in their feedback on the draft property law that it is necessary to strengthen the service function of property management companies.

operate

Department changed to Property Services Department. Whether managers or service providers, property management companies collect services from owners.

Feicai

To survive and operate, in any case, the owners are the "God customers" of the property management company. Only put your position right, and it's over.

Zhengde

Their own service attitude, and actively communicate with the owners, in order to live in peace with the owners for a long time.

Problem 4: Poor work efficiency.

The property management company's weak sense of service directly affects the low efficiency and delay of work, which is reflected by the owners.

question

Not solved in time.

Mr. Cai of a residential area in Futian said that there are many foreign renters in their residential area at present, and the management is chaotic, especially the hygiene.

ask

There are often some discarded items in corridors and elevators, and the walls are not beautiful. After the owner reflects to the property management, the situation is one.

Naomami

There is progress. What's more, the elevators in his five buildings often break down. When there is a strong wind, the elevator door won't close and there is no electricity.

Step operation

There was harsh friction and shaking in the middle of the game.

Mr. Cai said that after many representations to the property management department, the relevant personnel have carried out maintenance, but after several months, the problem has not been solved.

Title.

Elevator is a necessary means of transportation every day. If something goes wrong, the consequences are unimaginable. He called on the property management department to pay attention to the owners.

delicatessen

Benefits, related to the owner's life and property safety problems should be solved in the shortest possible time.

Comments:

In accordance with the provisions of the draft property law, the property management agency or other institutions hired by the construction unit

operate

People, the owner has the right to change. In addition, the owner can manage the building and its ancillary facilities by himself, without hiring property management.

Reason.

Question 5: The rights and responsibilities of parking spaces are unclear.

Parking is not easy, but it is also the same feeling for car owners now. With the increase of vehicles, parking spaces are difficult to use.

question

It is also more prominent.

A considerable number of owners called this newspaper, saying that there are few parking spaces in the community, and developers and property companies also sell parking spaces.

Bit,

Increased the burden of parking in the community. Mr. Lin of a garden in Nanshan said that there are about 700 households and 220 parking spaces in their community.

the original

There are still relatively few cars, so I don't feel nervous about parking spaces. However, since last year, the number of vehicles in the community has increased a lot, and parking spaces have become saturated.

last year

In the second half of the year, the developer and the management office (the management company is a subsidiary of the developer) began to lease the right to use parking spaces in the community.

not a few

The parking space was bought out. He said that the car he bought this year is now difficult to park every time he goes back.

Comments:

The draft property law makes relevant provisions: the ownership of clubs and garages, if agreed, shall be in accordance with the agreement; No agreement or

With the consent of the author

I don't know, except the construction unit can prove its ownership, it belongs to the owner. In this regard, many people put forward quality.

Doubt, grass

The provisions of the case are not comprehensive, which is easy to cause controversy. Once the parking space is owned by the developer or the property, they can use it at will.

stop

Parking space, if the parking fee is raised at will, it is unfair to the owner.

Question 6: Utilities are used for other purposes.

Community public facilities are the public property of all owners of the community, and property management or developers should not occupy them for no reason. in the near future

Have a career

The main caller said that when I bought a house, I saw a relatively loose public leisure place in the community. Who knows that less than a year after I joined,

situation

It has changed. As a green overhead floor, the management office has built a chess room and gym similar to a clubhouse, and also

owner

It is really unacceptable to charge a certain entertainment fee.

Ms. Li of a residential area in Luohu called and said that since the opening of the shopping mall in the residential area, the only leisure place has been regarded as ""

dump

Area ". The property management office not only does not stop it, but also assists developers to rent and occupy announcement places and provide management and services.

Shi Ming

Acts that damage the owner.

Comments:

The new draft of the property law points out that green land and roads are owned by owners, but not by property management companies.

can

Unauthorized occupation of public facilities for other purposes, facilities really need to be rebuilt, subject to the approval of the industry Committee.

Question 7: Special funds are not in place.

Special funds for property management, including public infrastructure maintenance funds paid by developers and public dimensions paid by owners.

Hideyoshi

Gold, which was established to maintain the public infrastructure of the community for a long time and ensure the safety of residents. But for various reasons,

Cause and thing

The management company's management of special funds is not standardized, and there are even irregularities such as misappropriation.

Readers report that developers are in arrears with maintenance funds. According to the relevant regulations of Shenzhen real estate and property management

Setup, house

When the house is completed and handed over to the property management company, the developer shall pay the maintenance base of the house itself to the property management company according to the relevant regulations.

Gold ",however.

In practice, many developers delay or even don't pay the fees, which leads to the inability of property management companies to maintain and protect the company in time.

set up

Facilities and equipment, but also cause certain security risks.

Some owners report that the lack of funds should be the responsibility of developers, but some property management companies are developers themselves.

Zigong

Division, or other interests with developers, so that property management companies can not recover maintenance funds in time, or even roots.

calico

To ask for it, in this way, it will harm the interests and even safety of the owners.

Comments:

Owners, property management companies and developers have many interests, which easily lead to interest disputes. law of property

draft

It is not a law specifically aimed at property management, but the promulgation of this draft will undoubtedly regulate and rule the future property management.

Huaqi

Play a good role in promoting.