Xinhua News Agency, Beijing, March 29th, by the title: No construction committee established? What to do if property is not "fried"? Tight parking spots in the community? ——Focus on Five Aspects of Beijing Property Management Regulations

Xinhua News Agency reporters Tu Ming, Yun Sicong and Li Jiarui

The establishment of the industry committee was too difficult, the fired old properties were unreliable, and the parking spaces in the residential area became a "confused account" ... On the 27th, the 20th meeting of the Standing Committee of the 15th Beijing People's Congress approved The Municipal Property Management Regulations responded to relevant hot issues of public concern.

Aspect 1: Cracking down on "Difficulties in Establishing the Industry Committee" and "Property Management Committee" Replenishment

For a long time, the establishment of the industry committee has been difficult to protect the legal rights of the owners.

The regulations stipulate that for situations such as “not having the conditions for establishing an owners’ meeting ”,“ having the conditions for establishing an owners ’meeting, but having difficulties but not being established”, “the owners’ committee was not elected after the owners ’meeting was established” The people's government may set up a property management committee composed of residents committees, villagers committees, owners, and representatives of property users, and promote the establishment of a general meeting of owners in eligible property management areas and election of owners committees.

At the same time, the regulations also specify the proportion of members of the property management committee and the owners' representatives in the decision-making process, that is, the principle of double majority. As a temporary agency, the term of the Property Management Committee generally does not exceed 3 years.

Cai Lewei, an associate professor at the School of Law of China University of Political Science and Law, believes that the Property Management Committee fills the gap caused by the lack of the industry committee, which is conducive to protecting the legal rights of the owners, helping to ensure a smooth transition of the property management in the community, and ultimately promoting the generation of the industry committee.

Point two: If the property is "fired", it can be fined 10,000 yuan per day if it depends on it.

The old property is not handed over, and the new property cannot enter. Previously, after the replacement of properties in many communities, the poor transfer of new and old properties caused contradictions, and even evolved into violent conflicts. This regulation regulates this.

The regulations clearly stipulate that six months before the expiration of the real estate service contract, the owners' committee or the property management committee shall organize the owners to jointly decide to re-appoint or re-appoint the real estate servicer, and inform the original real estate servicer of the decision in writing. If the owners jointly decide to dismiss the real estate servicer, the real estate servicer shall perform the transfer obligation within 30 days from the date of receipt of the notice and exit the property management area.

Those who refuse to hand over relevant materials or property shall be fined from 10,000 yuan to 100,000 yuan. Those who refuse to withdraw from the property management area shall be fined 10,000 yuan per day from the day after the prescribed time expires.

In addition, with regard to the previous period of property, the regulations stipulate that the maximum period of the previous period of property service contract shall not exceed two years, and the specific period shall be stipulated in the previous period of property service contract. Three months before the expiration of the period, the owners shall jointly decide whether to continue to use the front-end property servicers.

Zhu Hu, associate professor at the School of Law of Renmin University of China, said that the regulations provide more detailed regulations to ensure that owners can effectively exercise joint management rights. At the same time, stipulating a maximum period for the preliminary property services selected by the construction unit will help to give the final decision on property services to the owner. The regulations also specifically stipulate the handover obligations of real estate service providers and their specific contents, which will help properly handle the handover matters and safeguard the legitimate rights and interests of the owners.

Aspect Three: Parking spaces are sold first to owners.

The owner's parking space is not enough, but the residential parking space is sold or leased to outsiders. What should I do? Is it illegal for some owners to privately pull the wires to charge?

The regulations stipulate that the parking spaces and garages planned for parking vehicles in the property management area shall first meet the needs of the owners. If it is used for sale, it shall be sold to the owner in the property management area first; if it is not sold or has not been sold, it shall be provided to the owner in the property management area for use. If there is still room after meeting the owner's needs, it can be temporarily rented to others outside the property management area on a monthly basis.

For parking spaces and garages provided to anyone other than the owner in violation of the rules, each parking space can be fined up to 10,000 yuan. If you refuse to make corrections, you will be fined 2,000 yuan per month for each illegal taxi space.

The regulations also stipulate that the owner of the community must not draw wires and cables privately to charge electric cars, electric bicycles, electric motorcycles, and electric tricycles. Anyone who violates the rules will be ordered to rectify the fire. fine.

Guo Li, senior partner of Beijing Deheng (Shenzhen) Law Firm and deputy director of the Real Estate and Infrastructure Professional Committee, said that the relevant provisions of the regulations are for the property law "in the building zone, parking spaces and garages planned for parking cars should first meet the owner's The detailed implementation of the “need” regulations is also a reference for other urban management experiences that have such regulations before. This is conducive to maintaining the fairness and efficiency of the utilization of community facilities resources, and helps improve the owner's living happiness.

Aspect 4: Up to 5,000 yuan can be punished for punishing uncivilized behaviors such as noise and occupying the road.

In some communities, high-altitude parachutes are common, and some owners make noise and occupy fire passages ... For these uncivilized behaviors, the regulations clearly set the punishment standards.

The regulations stipulate that items must not be thrown from the building, and those who violate the rules will be given a warning by the public security organs and fined 500 yuan to 5,000 yuan. For the acts of occupying, blocking, closing fire passages, evacuation passages, or damaging fire facilities, the maximum fine is 50,000 yuan for the unit and 500 yuan for the individual. At the same time, community owners are not allowed to make excessive noise, and the maximum penalty is 500 yuan.

He Chen, a postgraduate tutor at the Law School of Anhui University, said that throwing objects at high altitudes and occupying fire passages are not only uncivilized behaviors, but also illegal. According to Article 6, Article 85 and other relevant provisions of the Tort Liability Law, the owner, manager or user of these items shall bear corresponding legal liabilities for their own fault. Especially for the deliberately high-altitude throwing, according to the law, the crime of endangering public safety in a dangerous way, the crime of intentional injury, or the crime of intentional homicide shall be punished in accordance with the specific circumstances. The regulations stipulate that severe punishment of such acts will help to shape a civilized and harmonious living order.

Aspect 5: The pricing of property fees depends on the market, the fees should be transparent, and the payment should not be in arrears.

At present, it is not uncommon for owners and property companies to have conflicts around property fees and service quality.

The regulations provide that market-adjusted prices for real estate service charges are adjusted and adjusted in a timely manner. The Beijing Municipal Department of Housing and Urban-Rural Development shall publish a list of property service projects in residential communities, specifying the content and standards of property services. The real estate service provider shall truthfully disclose, timely update the real estate service content and standards, charging standards and methods, etc .; the owner shall pay the real estate fees in full and on time according to the payment methods and standards stipulated in the real estate service contract.

The regulations also clearly set "the payment of property fees in full and on time, the absence of special maintenance funds in arrears and other situations that require owners to share the costs" as conditions for serving as members of the owners' committee.

Zhou Kerui, director of Vanke's property planning and development department, said that the regulations clearly convey the spirit of legislation "consistent rights and responsibilities, consistent quality and price, fairness and openness", which is beneficial to "maintaining the market order to enjoy property services and pay according to law", and help to truly implement owners Unify the rights and obligations of both parties to the property. From an industry perspective, the city's "boots landing", which implements market-adjusted prices for property service charges, is conducive to stable expectations and promotes the development of the industry.