Data Link Editor's note in spite of the recent information disclosed by the departments concerned, thanks to the continuous improvement of laws and regulations and extensive deepening of law popularization, the litigation caused by property management disputes has declined, but the long-standing contradictions between owners and property companies remain one of the hottest topics in society. In fact, the focus of the contradictions between the two sides is, who is the leading crack management problems? Recently, the family lives in Beijing East five ring Dongba area of the first open evergreen Rattan community Louxian encountered a vexed thing: upstairs neighbors privately will take out a balcony, vacant built in Louxian home on the terrace. "This is not safe, but also affect the lighting of my house." Property companies should supervise the decoration of each household, tenants can not change the structure of the building itself, this is a clear contract, but the property company does not act. "Miss Lu said," in the cleaning, personnel access management, parking management, property companies do is not in place, as the owner is really difficult to accept such services. "In the property management work of many cities, it is always a question to establish the position of the owner in the property management link." It is reported that Beijing since the promulgation of the property management measures, the competent departments are fully promote the establishment of the Community owners Congress, trying to solve the property management problems. How difficult is it to set up the owner's meeting? "Property services are the management and service of the shared part of the property, with the particularity of quasi-public service, so the management of the common part of the property decision-making, can not be decided by the individual owners, must be all owners through the owner of the General Assembly and other legal decisions, so that the owner's claim can be implemented. "Beijing Property Service Guidance Center director Wang said." Mr. Ma is the director of a Community temporary owners committee in Xicheng District. The reason is the provisional owners Committee, mainly because the occupancy rate has not yet reached the establishment of a formal owners committee of the minimum limit, so the owners in the community has elected a few understand the law, good Word-of-mouth owners to do the representative, set up a provisional owners committee. "We mainly in the district of cleanliness, security and other issues on behalf of owners and property companies to communicate, so that owners can form a consistent voice, but also more conducive to the resolution of the matter." Mr Ma said that because of the proper communication of the provisional Industry Council, property companies can rationally treat the owners ' rights and interests, and the owners can sympathize with the difficulties of the property companies and get along with each other. The coexistence of Mr Ma's estate owners and property companies is largely inseparable from the "zeal" and "devotion" of members of the Provisional Industry Commission. However, in more communities, because the owners are unfamiliar or attitude is not active, the establishment of the owners meeting is difficult. According to the survey, in some communities, the proportion of owners who have not been active in setting up the industry authority has even reached 40% or 50%. It seems that the owner's public awareness needs to be enhanced. "We are not the elderly people in our community, the young people who are busy with their work, and do not have time to raise the matter of the Industry Committee, so the Industry Committee has not been built." Now, there is a dispute, can only be each owner and the property company negotiated settlement, usually noisy a, the problem can't be solved at all. "The first open evergreen Rattan community, said Miss Lu. October 1, 2010, "Beijing City Property Management measures" officially implemented. Up to now, Beijing has set up 867 owners meeting, of which only 2011 the city's new owners meeting number reached 101, accounting for the total of 11.6%. The intriguing thing is that, according to a special survey by Renmin University of China, only 20% of the community in Beijing has established owners ' meetings, of which only 5% are "active". As the owner of the General Assembly "absent", many communities have fallen into a vicious circle: Some owners of property services dissatisfied, so a single and property companies to communicate, the result has not changed substantially, and then asked to replace the property company, but because there is no General Assembly, so can not be replaced property companies, the owners are furious, began to owe fees, so, The quality of property services has fallen sharply, followed by more owners joining in arrears. No owners Congress to participate in the rights of the facts of the education of owners, they set up the owners of the General Assembly, followed by the "due to the owners should not be a member of the Industry Committee" provisions, the owner of the General Assembly is not allowed to set up, so, contradictions can not be resolved. To promote the owners ' meeting. To solve the problems existing in property management, it should be said that perfecting the owner's Congress system is a breakthrough. In Beijing, recently, "on the promotion of residential building owners of the views" of the announcement, as "the owner of the era" and injected a strong impetus. Beijing will adhere to the formation of the owner of the General Assembly as a breakthrough in resolving contradictions, and strive in the "Twelve-Five" period, and gradually realize the whole city to implement the residential property management housing Owners Congress of the full coverage. The property management right of the community is the owner's joint management right. "Owners of the common management rights to achieve real, there are two prerequisites must first be resolved, first, the owner of the General Assembly of this statutory body, through the owners to form an effective joint decision to achieve management rights." Second, the common management of the right to the landing, the owners ' Congress should have their own accounts, so that owners know where their money to pay, they can discuss how to use the decision. "Beijing Municipal Housing and Urban and Rural Construction Committee deputy director Zhang Nongko said." In order to promote the formation of the Owners ' Congress, the Beijing Housing and Urban-Rural Construction committee set up the owner's Congress Guidance Center, the establishment of the property, law, sociology and other experts group, through the "Government to buy social services" approach, the owners of the Assembly and standardize the operation of professional guidance. Property management experts said that the establishment of the guidance Center will be universal knowledge of the public, such as reminding the community to prepare what materials in advance, where to find the model, the establishment of preparatory when the street or community to apply for record, how to deal with disputes, how to rationally defend their own rights and interests. The guidance centre will also provide training to the owners ' Congress preparatory and the community where the owners ' meeting has been established, offering different content and more targeted courses. In addition, Beijing has set up a General Assembly of the community, the future will be the owner of the General Assembly and property services enterprises to sign property services contracts, and is no longerEach owner is signed with the property company. Property management experts said that, as the property company provides the services of all the owners, for the establishment of the General Assembly of the Community, regardless of the new sights should be the owners of the General Assembly and property enterprises to sign a property service contract, by the owners of the General Assembly to purchase services to the property company, and no longer is currently each owner and the property company signed a separate contract, In this way, it is helpful to fundamentally solve a series of problems such as the owners ' non-payment of property charges and the service of property management companies. Huairou Material tube Pilot, where is the new? "Beijing City Property Management measures", "on the promotion of residential owners General Assembly construction of the views" and other policies, set up the Beijing new property Management system, the effect still need to market to test slowly. Moreover, Beijing property Management a series of new policies and reform measures have just "opened the head", the property management industry to achieve sustainable development, but also need more "radical reform." And reform should start with the pilot. Beijing in mid-May 2011 in Huairou launched the property management "three full coverage" pilot, that is, the owner of a card issued full coverage, the owner of the General Assembly set up full coverage, special maintenance funds collected full coverage. The landlord is the owner of the house and the right and responsibility subject of the property management. Therefore, in the pilot process, Huairou to form the owner of the General Assembly, give full play to the owner of the General Assembly in the Community management and service in the positive role as an innovative social management and service model of the important content. At present, the pilot area of 191 residential quarters all formed a owners ' meeting, and for 33857 sets of houses issued by the owner of the card, so that the owners of the General Assembly and Community committees to establish a business guidance, joint meetings, resource sharing work mechanism, forming a General Assembly, owners Committee and Community neighborhood Committees, property Services Enterprises " Trinity "The new pattern of community management work. Why are the owners of many rights and interests not implemented? Some experts pointed out that this is not because the laws and regulations do not give owners rights, but in the actual operation of the lack of the basis of the rules of activity, the owner of the General Assembly has no official seal, no account, no organization code ... Therefore, the Beijing property management in Huairou Pilot content also includes to the owner of the General Assembly registration, issuing organization code, tax registration, etc., in the actual operation to solve the problem of civil capacity of the owners organization. What can you do after the owner's meeting is registered? According to the Huairou to carry out the comprehensive implementation of the city's property management measures, including elevator advertising, and other share of the operating income will be included in the "owners of mutual funds" by the owner of the General Assembly opened the account to manage. The profits of the community share are owned by all the owners. After the owners ' meeting has been registered as an entity organization, they can hold these shared parts and safeguard the rights and interests of all the owners. In addition, Huairou in the pilot, from the focus on people's livelihood, promote the use of existing housing security, to accelerate the collection of housing maintenance funds, the 1999 before the 16,000 sets of housing property units, collection standards and other data to make a mapping, set up a collection scheme; to 1999 after the 18838 sets of commercial housing maintenance funds were collected, the collection of funds 127 million yuan. To have been collected and meet the conditions of the housing, and gradually realized the maintenance funds divided into accounts, the majority of owners can through the household storage to achieve the maximum capital interest income, effectively solve some of the historical problems left. Perhaps Beijing's approach can help other cities to defuse the contradictions between owners and property managers to bring some enlightenment. In short, we only in the scope of laws and regulations to act in order to maximize the protection of their legitimate rights and interests.
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