Since this year, many experts have intensively revised the property management regulations.

　　Property management legislation must specify specific systems

　　□ Our reporter Chen Lei

　　□ News reporter Liu Ziwei

　　"If there was a property management committee system in those years, we would go directly to the street office to set up a property management committee instead of setting up a business committee." On July 12, Chen Hansong took the newly printed Beijing Property Management Regulations ", said while sketching.

　　Chen Hansong is the deputy director of the First District Business Committee of Lize West Park, Chaoyang District, Beijing. In her view, the new system created by the “Beijing Property Management Regulations” that began on May 1 has solved many problems in residential property management.

　　This year, it is not only Beijing that has revised and implemented the property management regulations. On March 1, the "Shenzhen Special Economic Zone Property Management Regulations" were revised and implemented; on May 1, the "Chongqing Property Management Regulations" were revised and implemented. More noteworthy is that Shaanxi, Guangxi, Hainan and other places have begun to revise their respective property management regulations.

　　Experts interviewed by a reporter from Legal Daily believe that one of the realistic backgrounds of intensive revision of property management regulations around the country is that China's urbanization process has entered the second half, and residential communities in cities and towns have turned to maintenance, and property management is good and direct. It is related to the stability of society. Therefore, property management legislation needs to keep up in time to standardize property management activities and properly solve problems in the community.

Legislation creates a new system

　　Crack the property management problem

　　The first district of Lize West Park was built in the late 1990s and belongs to an old community.

　　According to Chen Hansong, since 2013, internal problems occurred in the property company responsible for the management of the first district of the Jersey Garden, causing the property management services of the community to become "increasingly worse".

　　An owner of the first district of Lize West Garden recalled that at that time, all four gates of the community were open, there was no security guard on duty, the sanitation environment was messy, no one cleaned the residential building, and only one of each of the 11 towers was opened Elevators, it is common to queue up and crowd the elevators every morning and evening, and this elevator often fails.

　　Some residents filed a complaint with the Beijing Municipal Service Hotline 12345, but the problem has not been resolved.

　　Chen Hansong called the relevant authorities in Beijing to file a complaint. The response was that the only way to change the status quo of the community is to convene an owners’ meeting and set up a business committee to supervise and assist the property service company in fulfilling the property service contract, otherwise there is no solution .

　　With the assistance of the street offices under his jurisdiction, Chen Hansong and others began to prepare for the process of convening the owners' meeting and establishing the business committee. It is not difficult to invite the owners' meeting to be held.

　　"First of all, elected members of the industry committee have a mandatory requirement that they must pay the property fee, but many owners refuse to pay the property fee because they are dissatisfied with the services of the property company. In order to establish the industry committee to improve the status of the community, we go to the property company to pay the property fee, However, in order to prevent the establishment of the business committee, the property company does not charge our property fees." Chen Hansong recalled that the property company finally charged the property fee after the coordination of the street office. Finally, they hired professional property management consultants to answer legal questions.

　　However, the biggest difficulty they encountered at that time was that nearly half of the owners of the community rented out the houses. Without the contact information of these owners, the owners could not be notified to return to the community to participate in the voting work of the owners' meeting.

　　With the support of street offices, communities and other parties, they finally contacted many owners through various channels and mobilized the owners back to the community to participate in the voting of the owners' meeting.

　　After more than a year of preparations and efforts, on August 28, 2016, with the consent of the owners to vote more than half of the votes, the District Industrial Committee of the First District of Lize West was formally established.

　　Subsequently, the industry committee and the original property company negotiated ways to change the status quo of the community. The original property company refused the supervision and management of the industry committee. After many consultations and no solution, the industry committee was reconvened with the supervision and assistance of the street. Recruitment of the owners' meeting of the new property company, the new property company settled in July 2017. After that, the property began to close the gate of the community, clean up the shared bicycles parked in the community, clean up the garbage, improve the green environment, and maintain public facilities.

　　In Chen Hansong's view, if there was a property management committee system in those years, they would not need to set up an industry committee after all the hardships. The street office could directly lead the establishment of a property management committee to solve most of the problems of community property management.

　　The Property Management Committee is a temporary organization newly added in the “Beijing Property Management Regulations”.

　　Bi Wenqiang, vice chairman of the Beijing Research Institute of Real Right Law, told the Legal Daily that my country's urbanization is very fast, communities have become an important carrier of cities, and property management issues in communities have become increasingly important. The establishment of the owners’ meeting, the election of the owners’ committee, and the management of the community’s common affairs on behalf of all the owners are not only the rights stipulated by the Property Law and the “Property Management Regulations”, but also the direction of many community owners’ efforts. However, in the process of promoting the organization of owners, for various reasons, the establishment and operation of the owners' committee is not ideal in reality.

　　In this context, Bi Wenqiang believes that in this context, the “Beijing Property Management Regulations” designed a property management committee. When the community cannot convene an owners’ meeting or cannot elect an owner’s committee, the establishment of a property management committee is promoted by the subordinate townships and towns as a temporary Sexual organization.

　　"At this stage, the property management committee has an advantage in connecting with the level of community governance. The development of the community's property management activities to this day actually includes three areas: property service, owner autonomy, and community governance. The establishment of the property management committee is conducive to the comprehensive coordination of all parties. To achieve benign governance of the community." Bi Wenqiang said that it should be emphasized that the construction of the property management system proposed by the "Beijing Property Management Regulations" under the leadership of the community governance structure is a very important reference. "This is the biggest bright spot in the legislation."

Local intensive legislation

　　Keep up with social development in time

　　On the same day that the "Beijing Property Management Regulations" were implemented, the "Chongqing Property Management Regulations" also began to be implemented.

　　The highlights of the "Chongqing Property Management Regulations" include: strengthening the integrated development of property management and community governance, standardizing the key links of property management, strengthening the support and supervision of owner autonomy, improving the property management information disclosure system, and establishing a third-party property evaluation system .

　　Prior to this, the Shenzhen Special Economic Zone Property Management Regulations came into effect on March 1 this year.

　　It is worth noting that since this year, Shaanxi, Guangxi, Hainan and other places have amended their respective property management regulations.

　　On January 17th of this year, the third meeting of the 13th Shaanxi Provincial People's Congress was held. It was proposed that one of the tasks of this year is to amend the "Shaanxi Provincial Property Management Regulations."

　　In March of this year, the "Property Management Regulations of Guangxi Zhuang Autonomous Region (Revised Draft)" entered the stage of second review. In May, the Department of Housing and Urban-Rural Development of Hainan Province issued the "Regulations on Property Management of the Hainan Special Economic Zone (Revised Draft)" (Draft for Comment) to openly solicit opinions from all walks of life...

　　For such intensive local legislation in the field of property management, Bi Wenqiang believes that as China's urbanization process accelerates, China's urban population exceeds agricultural population for the first time, and China's urbanization process enters the second half, and urban construction changes from incremental to stock, large-scale The trend of urban construction is no longer, and urban construction is shifting from new construction to transformation of old cities.

　　Bi Wenqiang believes that no matter what type of community, they have entered the stage of maintenance. In this process, the quality of property management is directly related to the harmony and stability of the entire society. Therefore, property management legislation needs to keep up in time to standardize property management activities and properly solve various problems in the community. "This is one of the realistic backgrounds of intensive practice of law everywhere."

　　In Bi Wenqiang's view, on the other hand is the background of national legislation. With the imminent implementation of the Civil Code, the norms of civil law are becoming more and more important, involving the overall improvement of the national governance system, and community governance as an important foundation of national governance, also It must be completed at the legislative level.

　　Zhai Yehu, a professor at the School of Law, Capital University of Economics and Business, said in an interview with the "Legal System Daily" that the background of this wave of local property management legislation is partly due to people's needs, and on the other hand is behind the property management laws Sex.

　　"Because there are too many places in the law that need to be amended, all localities want to see whether they can form local rules and methods to solve real problems within a window period, especially before the implementation of the Civil Code," Zhai Yehu explained.

Clearly specify specific systems

　　Accurately apply actual governance

　　In August 2007, the State Council issued the “Property Management Regulations” to standardize property management activities, safeguard the legitimate rights and interests of property owners and property service companies, and improve the living and working environment of the people. The "Property Management Regulations" will come into effect on October 1, 2007.

　　In January 2016, the Executive Meeting of the State Council adopted the “Decision of the State Council on Amending Some Administrative Regulations”, which includes amendments to the “Property Management Regulations”, “Personnel engaged in property management should obtain professional qualification certificates in accordance with relevant state regulations” and other provisions been deleted.

　　In March 2018, the "Decision of the State Council on the Amendment and Abolition of Some Administrative Regulations" was passed, and the "Property Management Regulations" were amended. The amendments were mainly to abolish the relevant provisions on the qualification management of property service enterprises and increase the establishment of trustworthy joint Relevant content of the joint disciplinary mechanism for incentives and dishonesty.

　　In Bi Wenqiang's view, the State Council's "Property Management Regulations" and local property management legislation is to make clear provisions on specific systems in the property management system, so that they can be accurately applied in actual governance.

　　"Institutional innovation that conforms to the law will have vitality, and institutional innovation that conforms to the general law will have the potential to be universally promoted. From a nationwide perspective, the community has entered the stage of incremental revitalization, which requires the owner’s autonomy to be greatly improved. The property service and management level has been improved, and the public governance capabilities of the administrative departments of townships, streets, and other territories have been improved. It is compatible with their respective institutional arrangements to be reasonable and accurate, and to meet the disadvantages." Bi Wenqiang said.

　　Bi Wenqiang believes that it is a good thing and a must-do to pass the local legislation on property management to further enrich and concrete the system in the property management system. Because the law itself is made for practice. "This also has a strong reference for the State Council to amend the "Property Management Regulations" in due course."