Market regulation of property fees must be negotiated with the owners.

The Regulations of Beijing Municipality on Property Management (hereinafter referred to as the Regulations) will come into effect today. The "Regulations" proposed for the first time that a property management committee could be set up to clarify that the price of property services should be regulated by the market and dynamically adjusted, and parking spaces in residential areas should be sold to owners first. It also made special provisions on the use of special maintenance funds and the establishment of the owners' meeting.

Will the property fee increase after the implementation of the regulations? What role can property management play? Where will the special maintenance funds be improved? In response to the five key issues that the owners care about, the Beijing News reporter interviewed a number of experts to interpret them.

Focus 1

Property charges are subject to market regulation and dynamic adjustment.

Interpretation: Establishing a market order that is consistent with quality and price will not cause property fees to rise at will.

The "Regulations" clarify that property service charges are subject to market-adjusted prices and are adjusted in a timely manner. The municipal housing construction department shall publish the list of residential property services, and clarify the contents and standards of property services. At the same time, the property management industry association should monitor and regularly publish the cost information and pricing rules of property services, so as to provide reference for owners and property service providers to negotiate property fees.

Why should property service charges be subject to market prices and dynamically adjusted? Lawyer Bi of Shengting Law Firm pointed out that some residential properties have not raised property fees for more than ten years, but they are not necessarily beneficial to the owners. This situation may force property companies to reduce the quality of property services in order to survive, and even some irresponsible property companies may overdraw the potential of public facilities, that is, the property itself, in order to maintain their survival or profits.

"If some communities operate well, there may be no problem in 50 years or even 100 years. However, if the property is overdrawn or not maintained, it may age in 30 years or faster, and the biggest loss in the end is all the owners. " Bi said that the provisions of the "Regulations" are an attempt to establish a market rule and market order that is consistent with quality and price, responsibility and rights.

Some owners worry that dynamic price adjustment will make some property companies use the terms to raise property fees at will. In this regard, Bi said that the "Regulations" clearly require property management industry associations to regularly publish the cost information and pricing rules of property service projects, so owners do not need to worry too much about the abuse of terms, resulting in arbitrary price increases of property fees.

In addition, according to the relevant provisions of the "Regulations", the property fee is determined through consultation between the owner and the property service provider, that is, the owner has the right to decide or adjust the property service mode, service content, service standard and service price.

Liu Lihua, director of the Legal Department of Beijing Property Management Industry Association, believes that the dynamic adjustment of property fees conforms to market rules and helps to maintain the market order of enjoying property services and paying fees according to law. "This regulation will not cause property fees to rise at will. An important factor in determining the price of property fees is the cost of property services. The price adjustment of property fees should be decided by all owners. The price adjustment of property fees must be reached by the property company and the owner through consultation according to law. " Liu Lihua expressed the hope that everyone would look at the price adjustment of property fees from the perspective of maintaining the normal operation of the community and constantly improving the living environment, and respect the choice of most people in the community.

In addition, Liu Lihua believes that property companies should consider two factors before proposing price adjustment. The first is whether the quality of property services has been recognized enough. Second, through the regular publicity of relevant information according to law, the majority of owners have recognized the necessity of price adjustment of property fees.

Focus 2

Street offices and township governments may set up property management committees.

Interpretation: "wuguanhui" can fill the vacuum created by non-industry committees and help protect the interests of owners.

The "Regulations" clearly stated for the first time that neighborhood offices and township people's governments can set up property management committees. There are three situations in which a property management committee can be established: it does not meet the conditions for establishing a owners' meeting; Having the conditions for the establishment of the owners' meeting, but it is really difficult to establish it; After the establishment of the owners' meeting, the owners' committee failed to be elected.

At the same time, the property management committee consists of more than seven odd-numbered representatives, including residents' committees, villagers' committees, owners and property users, among which the owners' representatives are not less than half of the members of the property management committee. The term of office of the property management committee is generally not more than three years. If the owners' congress and the owners' committee are not produced at the expiration of the time limit, the subdistrict office and the Township People's Government shall re-establish the property management committee.

In other words, only when the owners' meeting cannot be established or the industry committee cannot be elected, the street and township governments will be responsible for setting up the property management committee.

"wuguanhui", a new thing, what benefits can it bring to property management? Liu Lihua said that the property management committee is a temporary transitional institution, which can effectively fill the vacuum caused by the absence of an industry committee. When all owners need to make a unanimous decision in the community, for example, when the community needs to determine the use of public benefits and discuss the revision of the management regulations and rules of procedure in the community, it is beneficial to protect the interests of all owners by organizing owners to vote on important matters in time.

At the same time, he believes that the property management committee can be a bridge to strengthen communication between property companies and owners of residential quarters, and can also supervise the quality of property services provided by property companies and safeguard the interests of owners.

Some owners wonder whether the property management committee will replace the owners' assembly and the industry committee. Bi believes that the property management committee will never deprive the owners of the right to speak. "This is actually from the aspect of organizational construction, so that the local government and local neighborhood committees can better perform their duties and play a role to help owners better exercise their rights."

It pointed out that the advantage of the Property Management Committee is that it has established a better communication channel between the local government, neighborhood committees and owners, and will be more efficient in allowing residents in the area to enjoy basic safety, health and living security. In addition, for some out-of-control communities, they will be able to absorb more support from local streets and neighborhood committees.

Focus 3

The special maintenance cost is less than 30% of the initial raised amount.

Interpretation: It is a highly operational renewal method, which is conducive to ensuring the maintenance of residential buildings and existing facilities.

Articles 81 to 86 of the Regulations provide for special maintenance funds.

Among them, it not only clarifies the situation that various situations lead to insufficient special maintenance funds and need to be supplemented, but also specifically stipulates that if the balance of special maintenance funds is less than 30% of the initial raised amount, the owners' committee or the property management committee shall promptly notify and urge the owners to supplement the special maintenance funds according to the applicable standards at that time.

Liu Lihua pointed out that this provision is very innovative and significant. "Special maintenance funds can be said to be the processing money of residential buildings to a certain extent. With the increase of residential service life, special maintenance funds will continue to be used and will always be used up. At present, the remaining amount of special maintenance funds in some communities is very small. However, the urgent need to raise special maintenance funds has not been effectively solved. "

Liu Lihua said that this clause provides a highly operable way to renew the special maintenance funds, which is conducive to ensuring the maintenance of residential buildings and residential facilities and equipment, and also to safeguarding the interests of owners.

Focus 4

The owners' congress can vote through the voting system of the housing construction department.

Interpretation: To solve the cost problem of the same decision of the owner organization, you can vote through the "Beijing Owner" APP.

The "Regulations" clarify the composition, emergence, rights and obligations of the owners' congress and industry committees.

Specifically, owners can set up owners' meetings, and a property management area can set up owners' meetings. The owners' congress may decide to hire or dismiss the property service provider or stop accepting factual services; Determine or adjust the property service mode, service content, service standard, service price and other matters. The owners' committee implements the decisions of the owners' congress, accepts the supervision of the owners' congress and the owners, and performs the duties of convening the meetings of the owners' congress and representing the owners and the property service providers selected by the owners' congress.

Bi pointed out that the provisions of this legislation on the owners' meeting are desirable in style.

For example, the "Regulations" stipulate that the owners' meeting can be held in written form or through the Internet; Online voting shall be conducted through the electronic voting system established by the municipal housing and urban-rural construction department, that is, through the "Beijing Owner" APP.

"In fact, the core issue of the owner's organization and operation is the organization cost. In recent years, in the process of growing up, owners' organizations have always had the problem of high cost in making decisions for public affairs. In order to further facilitate the decision-making of the owner organization, it is an innovative move to hold meetings and vote through the Internet. " Bi Wenqiang said.

In addition, the "Regulations" clarify that the owners' meeting may not vote on matters other than those that have been publicized. Bi pointed out that this makes the decision-making of the owners' organizations have evidence to follow, makes the owners' will be expressed more scientifically and effectively, and promotes the clarity of the relationship between the owners' organizations and property and service providers in essence, which is conducive to safeguarding the rights and obligations of both parties.

Focus 5

Owners who give priority to selling or renting parking spaces in residential areas.

Interpretation: Most residential areas lack parking spaces and need more supporting regulations for management.

Article 88 of the Regulations stipulates that the parking spaces and garages planned for parking vehicles in the property management area shall first meet the needs of the owners. When selling, priority should be given to the owners in the property management area; Unsold or unsold, it shall be provided to the owners within the property management area. If you still have spare time after meeting the needs of the owners, you can temporarily rent it to others outside the property management area on a monthly basis.

Liu Lihua pointed out that at present, there is a shortage of parking spaces in most residential areas in Beijing, and the gap of parking spaces in some residential areas is very large, making parking spaces a scarce resource. Although this regulation cannot "generate" more parking spaces, it emphasizes that parking spaces should first meet the needs of owners and should be sold or leased to owners first. "As far as I know, the' priority' mentioned here refers to the priority of use, not the priority under the premise of the same price."

In view of the illegal rental and sale of parking spaces in residential properties, the "Regulations" also clarified specific penalties. Those who provide parking spaces and garages to others other than the owners shall be ordered to make corrections within a time limit. If there is illegal rental income, it shall be ordered to return the illegal income, and a fine of more than 5,000 yuan 1 10,000 yuan shall be imposed for each illegally rented parking space; Refuses to correct, each illegal rental of a parking space, a fine of 2000 yuan per month.

Bi believes that the current "Regulations on the Management of Parking Spaces in Residential Quarters" is a guiding clause, and more supporting rules and regulations are needed to regulate parking spaces in residential quarters in the future.