How to fill in the number of votes to dismiss the owner

The decision of the owners' congress to formulate and amend the owners' convention and the rules of procedure of the owners' congress, to hire and dismiss property management enterprises, to use special maintenance funds and to continue to raise funds must be approved by more than two-thirds of the voting rights held by all owners in the property management area. "This regulation was originally intended to protect the interests of all owners in each community, but it is difficult to operate in actual implementation. What is the reason? This print specially invited industry experts, directors of industry committees, CEOs of property companies and related lawyers to discuss this issue. Q: Important matters related to the owners' meeting stipulated in the State Council's Property Management Regulations need to be approved by more than two thirds of the owners. What is the reason why this provision is difficult to operate in practice? Jin Xin, director of Sanxiang Century Flower City Industry Committee: I am a part-time director of the industry Committee, so I can say that I have a deep understanding of this. For the industry Committee, in practice, this is indeed a headache, and it is also a problem that almost every community will encounter. In my opinion, the reason why it is difficult to operate is that in the four situations stipulated in the regulations that must be approved by more than two-thirds of the owners, the decision on the use of special maintenance funds and the plan for continued use are also included. And this is exactly what happens in every community. It is precisely because of the frequent use of maintenance funds that "two-thirds" has almost become an "impossible task" in reality. Gu Weicheng, Director of Hong Song Apartment Industry Committee: That's true. To put it bluntly, the difficulty lies in the meeting. Take Shanghai as an example. There are more and more big markets, ranging from hundreds to thousands. With such a huge number of owners, how do you think this owners' meeting should be held? Therefore, our community now chooses to vote on various issues in the form of written opinions, which has certain operability. In addition, I think, in the use of special maintenance funds, can we first formulate a use standard in the early stage, which will be adopted by the owners' meeting, and then operate according to the established standards in practice? For example, if the required special maintenance funds are less than 30,000 yuan, the owners' committee will authorize the implementation; More than 30 thousand yuan but less than 654.38+10 thousand yuan, the owners' meeting will be held to vote; If the amount is higher than 6,543,800 yuan, all owners will vote. I think the operability will be greatly improved if we do this. Li Shenglai, general manager of SIC Shanghai Company: Apart from the use of special maintenance funds, there are still many problems in actual operation. And the root cause of the difficulty of "two-thirds" operation. I summed it up, nothing more than four points. First, our owners' awareness of participating in community activities is relatively weak. Second, in some communities, the ability of the organizers of the owners' meeting is limited. In other words, they don't have enough ability to bring together the owners in the community, so there is no "two-thirds". Third, the organizer's own credibility. Without sufficient credibility, it is difficult to gain the trust of most owners. Fourth, there is no special organization in the society to give correct and meticulous guidance on some issues of the owners' meeting. This is also a very important point. Wang Qinglan, Vice President of Shanghai Real Estate Research Institute: Indeed, the "two-thirds" problem occurred in China, which has a considerable relationship with the cultural background of our country. This not only shows that the owners are not active when attending the owners' meeting, but also causes a phenomenon that in some communities, there are two extremes. In fact, it is not difficult to formulate or amend the owners' convention or the rules of procedure of the owners' meeting. Our government has provided a detailed model for such problems. What our owners' meeting has to do is to make adjustments according to the actual situation of our own community. If this can be done fully, many problems that plague the industry Committee can be avoided by formulating the owners' convention, and some practical problems can be solved. Q: Will the difficulty of "two-thirds owners voting" affect the convening of the first owners' meeting? Liu, general manager of Shanghai Owners Consulting Co., Ltd.: It is common now that when the owners' meeting is held for the first time, the owners' convention and the rules of procedure of the owners' meeting will be voted, and these two contents need the consent of more than two thirds of the owners before they can be passed. Then from this perspective, the "two-thirds" problem will inevitably affect the convening of the first owners' meeting. Obviously, it is difficult to get two-thirds of the owners to vote for it. Especially now, many owners themselves don't understand the specific laws and regulations, and they don't have a strong awareness of their rights and interests, which makes the operation more difficult. Jin Xin, director of Sanxiang Century Flower City Industry Committee: The problem I encountered when dealing with the work of the industry Committee was just the opposite. Because there are many intellectuals in our community and have a strong sense of safeguarding rights. But at the same time, they don't know much about how to better exercise their rights and protect their interests, which brings trouble to the work of our industry Committee. For example, an owner in our community is a school teacher with a strong awareness of rights protection. When we asked him to sign the power of attorney for the use of maintenance funds, he was unwilling to sign it for us. Because he is worried that once he signs this word, he will lose a right. Feng Li, general manager of Shanghai East Lake Property Company: The "two-thirds" provision in the property management regulations has added many difficulties to the management of residential areas. Let's talk about the formulation of the owners' convention first, because the community we manage is a relatively high-end real estate in Shanghai, with more investors. Many owners are from other places, usually do not live in Shanghai, and some are outsiders. So this part of the owners can hardly find anyone, how can they attend the owners' meeting? If the proportion of investors in a community exceeds one-third, where does the "two-thirds" come from? Gu Weicheng, Director of Hong Song Apartment Industry Committee: To solve this problem in practice, we still need the guidance of professionals. If you can find a professional leader in the community to do these things, that is ideal. If not, you'd better hire someone outside. Wang Qinglan, vice president of Shanghai Real Estate Research Institute: I have a different view on this issue. In my opinion, the "two-thirds" rule will not affect the convening of the first owners' meeting. If we carefully read the "two-thirds" clause in the Property Management Regulations, we will find that it does not stipulate that all owners must attend before the first owners' meeting can be held. In other words, "two-thirds" has nothing to do with holding the first owners' meeting. What you said just now, because of the need to vote on the owners' convention and the rules of procedure of the owners' meeting, indirectly led to the need to use the "two-thirds" rule at the first owners' meeting. This problem does not exist. Why do you say that? Because there is no provision that the owners' convention and the rules of procedure of the owners' assembly must be voted at the first owners' assembly. If this routine practice is changed, the influence of the "two-thirds" problem on the first owners' meeting will not exist. Feng Li, general manager of Shanghai East Lake Property Company: What Mr. Wang just said actually reflects the contradiction between the ideas of the rule makers and those of the rule implementers. At present, the organizing committee of the first owners' meeting in each community is not professional in fact, and their handling of some problems is not perfect enough. It may be more reasonable in practice to separate the contents of the owners' convention and the formulation of the rules of procedure of the owners' meeting from the first owners' meeting and elect the members of the industry Committee instead. This has three advantages: first, it can successfully convene the owners' meeting and select the team of the industry Committee of the community; Secondly, the draft owners' convention and the rules of procedure of the owners' congress are formulated by the elected industry Committee, which will be more professional and rigorous; Third, the voting on the owners' convention and the rules of procedure of the owners' congress can be carried out by soliciting opinions in writing, which is more operational. Q: Is the contradiction between hiring and dismissing property companies in many communities related to "two-thirds of the owners vote is difficult to operate"? Song, lawyer of Shanghai Jianwei Law Firm: There are indeed many cases that prove that there is a great contradiction between owners and owners and between owners and property companies because the dismissal of property companies requires the consent of two-thirds of the owners. I once came across such a case: the property management company of a residential area is a subsidiary of the residential developer, and its service in the process of managing the residential area is very poor, and almost all the owners have opinions on it. Therefore, the industry Committee decided to hold a general meeting of owners and wanted to dismiss the property company. But in the end, the affirmative vote did not exceed two-thirds. The reason is very interesting, because there are large areas of shops in the community, and the property rights belong to the developers. According to relevant regulations, these commercial houses have a voting right for every 100 square meter. As a result, plus several houses owned by developers in the community, the number of votes counted is just over one-third. This has caused a result, that is to say, in this community, according to the "two-thirds" rule, it is impossible to dismiss the property company. Jin Xin, director of Sanxiang Century Flower City Industry Committee: In reality, it is quite difficult to successfully dismiss a property company. Even if the owners are asked to vote in the form of written opinions, it is still difficult to exceed two-thirds in proportion. Because in addition to the pros and cons, there is also a waiver. Quite a few owners will choose to abstain for one reason or another. At this time, "two-thirds" has become the "helper" of some property companies with poor service quality. Q: When some communities solicit the opinions of the owners in writing, the industry committee will stipulate that if the owners abstain, they will be deemed to agree. Will this create contradictions? Liu, general manager of Shanghai Owners Consulting Co., Ltd.: In fact, this is a good way to solve the problem of "waiver". But this is on the premise that the written opinions are really sent to the owners. If the submitted opinions do not reach the owner at all, then this proportion cannot be regarded as a party in favor. Otherwise, it will definitely cause conflicts between owners. This involves the professionalism of members of the industry Committee. As long as you send a written opinion, each item should be signed and registered, so that the problem can be completely avoided. Li Shenglai, general manager of SIC Shanghai Company: Now many communities are beginning to use a new method. When soliciting opinions, they did not take waiver as agreement, but used the opinions of most owners instead. For example, six of the ten members of the industry Committee agreed to implement the operation. This reflects the principle that the minority is subordinate to the majority, and at the same time, it can better protect the interests of most owners. Gu Weicheng, director of Hong Song Apartment Industry Committee: Every community can make some adjustments in details according to its own actual situation, but in this process, one thing cannot be forgotten, that is, the regulations of the community should be based on the premise of abiding by state regulations. Jin Xin, director of Sanxiang Century Flower City Industry Committee: What our community is doing now is more pragmatic and relatively convenient to operate. One is that when voting, the owner can entrust others to vote on his behalf, that is, sign a power of attorney. This is a good solution for some communities with more investors. Another is to divide the whole community into small owners' groups according to the area. When a vote is required, the owners' group will meet to reach a unified opinion, and then entrust the representatives of the owners' group to vote. This avoids many problems in operation.