Frequent property exchange, better to jointly build good services (Jintai Sight · Focus on community property services ②)
"The environment of the community is poor, and no one will listen to what they have said. When something happens to customer service, nothing can be solved"... Some owners feel that the property service of their community is not good, and they want to change the property company, but they find it is not easy. Some community owners have tried their best to terminate the contract of the old property and introduce new property, but after a period of time, they found that the new property company is not good enough.
What is the difficulty of changing the property company? How to break the strange circle of "dissatisfied dismissal, re employment and dissatisfaction" between owners and property companies?
The property company's exit mechanism is not perfect, which makes it difficult to replace the property company
"The elevator in the community has not been maintained and checked for a long time, no one cleaned the garbage in the corridor, no one repaired the leakage in the basement, and no one was on duty." Recently, a netizen on People's Daily Online left a message on the "Leaders' Message Board", complaining about the inaction of the property company in the community and requesting the replacement of the property company.
Because they are dissatisfied with the property service, some owners want to change the property company, but it is not easy to change the property company. According to the relevant provisions of the Civil Code, the selection and dismissal of the property service enterprise or other managers shall be jointly decided by the owners. Matters to be jointly decided by the owners shall be voted by the owners who account for more than 2/3 of the area of the exclusive part and more than 2/3 of the number of owners, and shall be agreed by the owners who vote more than half of the area of the exclusive part and more than half of the number of owners who vote. Accordingly, the replacement of the property company requires the convening of the owners' meeting and the establishment of the owners' committee.
A staff member of the housing and construction department told the reporter that the functional department encouraged residents to establish the owner committee spontaneously, but there were still many obstacles to the specific implementation. According to him, the business establishment committee should generally be proposed by the owner. Under the specific guidance of the sub district office, the community should first set up a preparatory group composed of the owner's representative, the sub district office, the community neighborhood committee, etc., to collect the residents' opinions, and organize the owner to sign. This process has a lot of work.
Ms. Jia of Shijiazhuang City, Hebei Province moved into the community in 2017 and found that the service level of the property company in the community was poor. "The sanitation is not timely, and the greening can not keep up." Ms. Jia said that many owners of the community do not recognize the current property company, but because there has never been a founding committee, the property company can never be replaced.
Hu Jinqiang, associate professor of the Party School of Zibo Municipal Committee of the CPC, Shandong Province, believes that the current exit mechanism of the property company is not perfect. Because the establishment procedure of the property management committee is relatively complex, many owners need to unify their opinions, gather consensus, provide some start-up funds, and also need strong support from the streets and communities. All kinds of reasons make it difficult to establish the property management committee and exercise supervision. However, the competent and functional departments do not have the right to directly replace the property company, which makes it difficult to start the exit mechanism of the property company.
Some communities have worked hard to set up industry committees, but various problems have emerged. "At the beginning, I supported the establishment committee, but after its establishment, I was particularly disappointed." Ms. Wang of Baisha Li Autonomous County, Hainan, said that among the owners, the members of the industry committee are not allowed to have any different opinions. As long as they have different opinions, they will be attacked and abused. Some owners also sued the court because they objected to the use of WeChat applet as a community voting platform by the industry committee, and the contradiction between the two sides became white hot.
Some industry committee members make decisions that harm the interests of the owners out of selfish motives or lack of ability. An owner in Shenyang, Liaoning said: "The property management of the community has been running for more than ten years, and garbage is everywhere. The residents of the community want to change the property company, but the director of the industry committee publicly said that she should change the property first."
The industry committee of a community in a certain place dismissed the old property company according to the procedure and introduced a new property company, but unexpectedly, the service of the new company was worse. In a wave of criticism from the owners, some industry committee members resigned directly, and some even sold their houses and moved away. "But the agreement signed between the property management committee and the property management company is still valid, and the property management company can only be replaced again after a new round of owners' meeting and the new property management committee. This session of the property management committee is really irresponsible," said the residents of the community.
The handover of old and new property companies faces resistance, and property services are not guaranteed during the transition period
Some communities have set up industry committees and re hired new property companies, but the handover of old and new property companies is not easy, and the handover process is not smooth. In the community where Mr. Lin lives in Wuhan City, Hubei Province, the owners were dissatisfied with the property service. It took almost two years, from holding the owners' meeting, electing members of the industry committee, to terminating the old property contract and re hiring new property, "the whole process was very difficult". However, the old property company refused to quit all the time, so the owners had to turn to the relevant departments for help.
"Last June, the owners' meeting voted not to renew the employment of the old property company. In October, the relevant departments issued an exit notification letter to the old property company. In November, after completing the filing of the new property company, the old property company refused to cooperate with the exit. Later, the relevant departments coordinated with the sub district office, the industry committee and the new property company for many times, and the handover was not completed until December. But the old property company still dominates the office and does not hand over the data to the new property. " Mr. Lin said.
When the property company is replaced in a community, it is often because of the conflict between the owner and the property company. If the old property company is unwilling to be dismissed, it will create various obstacles and refuse to exit. A citizen of Tangshan City, Hebei Province, said that the owner of the community had finally dismissed the old property and selected a new property. However, the old property company refused to leave the site when handling the handover. After receiving complaints from residents, the local authorities persuaded the old property company to leave. At the same time, they said that if the old property company did not quit on time, the industry committee could sue according to law.
The handover of old and new property companies in the community involves a wide range of contents. Even if the old property companies leave in form, they may also leave hidden dangers and troubles. According to an insider, the handover of new and old property companies includes project handover, financial handover, important document handover, post handover, personnel handover and many other matters, involving electrical, HVAC, civil engineering and other projects in the community, fixed assets, management fee balance, management funds, as well as various legal texts and commitment documents. Once the old property company deliberately conceals some projects, the new property company will encounter problems in the service.
In addition, during the transition period between the new and old property companies, it is often difficult to guarantee the property services of the community. The longer the transition period between the new and old properties, the greater the impact on the owners' lives. A citizen in Xi'an, Shaanxi, said that recently, his community changed its property. "Now the old property company neither goes to work nor leaves. The community has no water or power supply, and the residents can no longer live normally." The hidden costs of changing property companies are often borne by the owners of small districts.
Changing property companies is only a means, and improving property service quality is the purpose
Lawyer Bi Wenqiang, Vice President and Secretary General of Beijing Real Right Law Research Association, has been exposed to many property disputes. He said that changing the property company is a result of the deterioration of the relationship between the owner and the property company. It is difficult to establish the industry committee and change the property company, but what is really difficult is the common understanding. "We have always reminded owners that changing the property company is just a means, or a start, not an end, not an end. The real purpose should be to improve the property services in the community." Bi Wenqiang said.
Bi Wenqiang believes that the owners should realize what the real purpose of changing the property company is, and consider clearly how to do after the replacement, how to recruit a new property company, and how to get along with the new property company. If these problems cannot be solved, the contradictions cannot be really solved. "Whether the property management of the community is good or not is not only solved by changing the property company. It is necessary to establish a property service relationship that is consistent in quality and price, and consistent in responsibility and rights." He believes that the current laws and regulations have pointed out the direction, and what needs to be further strengthened is how to establish a sound and scientific property management system.
Some readers said that they should strengthen the daily supervision of community property services and solve problems in a timely manner, rather than let the conflicts accumulate and intensify to the extent that the contract must be terminated. "The root cause of the prominent contradiction between residents and property is the absence of supervision over the service quality and level of property companies." A community worker in Xi'an, Shaanxi said that the property company belongs to an enterprise and the community residents committee is an urban residents' autonomous organization. There is no affiliation between the two, and the community has no legal basis to supervise the property. "According to relevant laws and regulations, property companies are under the supervision of the Property Management Section of the Housing Management Bureau. But facing hundreds of property companies, the Housing Management Bureau, as a regulatory authority, has limited staff and lacks effective regulatory means," said the staff member.
A person in charge of the property department of the housing construction bureau of a city in the west said that at present, property fees, parking fees and other expenses are managed by the market supervision and administration bureau. According to the price charging standards, there is a corresponding punishment mechanism for arbitrary charges, but there is no mandatory supervision and management mechanism for the supervision of the service quality of the property company. Some places adopt the "credit deduction" mechanism to rectify property companies with many problems and poor service through "deduction" and publicity. However, some residents reported that some low-quality property companies exploit loopholes in the system, and once the score is almost deducted, they will write off the company and re establish a new company to operate with a new "skin". "It is suggested that functional departments should improve the system, strengthen supervision, and take more practical and effective measures for these 'face changing' property companies." Readers suggested.
The industry committee has the right to select and employ property companies, and also has the right to supervise property services. Bi Wenqiang said that owners should change their idea of "changing everything", and owners' organizations should achieve positive interaction with property companies; At the same time, we should also fulfill our obligations, pay for property services consciously, and consciously pay the corresponding fees; The whole society should also provide strong support for building such a good cooperative relationship; Property management needs to gather consensus and fully respect the demands of all parties, so as to form a lasting good property relationship.
key word: Property company
Proprietary part
Property services
Property disputes
Community owner
