Campus property transfer scheme

In the past two years, many property management projects have re-employed property management companies, and most of them have realized the smooth handover of new and old management units. However, there are also some projects that have conflicts and frictions during the handover of the management rights of old and new property management companies, and some even form a tense situation of "confrontation between the two armies". This situation has occurred in Guangzhou, Beijing, Chengdu and other places, which not only interferes with the normal life and work order of the owners, but also brings bad social impact to the property management industry. In this issue, many articles have extensively discussed this situation, which is very meaningful, especially Comrade Zou Jinsong's article, which deeply analyzes the causes of contradictions and the countermeasures to solve the problems, which is very insightful.

The legal relationship of property management belongs to civil legal relationship. After the implementation of the Property Management Regulations (hereinafter referred to as the Regulations), the owners' right to choose their own property management companies has been further confirmed and respected. Therefore, in practice, the dismissal and re-employment of property management enterprises will increase the transfer of management rights between new and old property management enterprises, which is an inevitable manifestation of the improvement of the marketization of property management. The transfer of project management rights involves new and old property management enterprises, owners' congress and owners' committee, owners' individuals, and sometimes development and construction units, public utilities and other subjects, involving property acceptance, the handling of creditor's rights and debts, the liquidation of their respective properties and so on. Various interest relationships are complicated and prone to contradictions and disputes. To ensure the smooth transfer of property management rights, I think we should grasp the following points: the owners' congress and the owners' Committee exercise their rights according to law is the premise. Some property management companies talk about the reasons why they don't want to quit the management project, and many don't agree with the legality and legitimacy of the dismissal and employment decisions made by the owners' meeting. For example, some owners' meetings were not established in accordance with the conditions and procedures stipulated in the Regulations and the Rules of Procedure for Owners' Meetings; Some owners' general meetings make appointment and dismissal decisions, which do not reach 2/3 of all voting rights; Some owners' committees or a few owners manipulate owners who don't know the truth to make decisions on dismissal and hiring. Such dismissed property management enterprises are naturally unwilling to quit the project, and it is easy to have conflicts with the owners and newly hired property management enterprises on the transfer of management rights.

It should be noted that the rational and prudent attitude of the owners is very important in the whole process of dismissing, hiring property management companies and transferring project management rights. First of all, it is not easy to change property management companies. It takes a process for Wuguan enterprises to run in with projects and owners, which will cause some inconvenience to the owners' lives. Therefore, there are behaviors such as inadequate services in property management enterprises. The first thing owners should consider is whether the problem can be solved by urging rectification, rather than simply changing enterprises. Secondly, once the decision to dismiss or hire a property management company is made through the democratic consultation mechanism of the owners' meeting, even if a few owners hold different opinions, they must obey the unanimous decision of the owners' meeting and make corresponding cooperation. In addition, in practice, some projects are unwilling to quit because the owners are seriously in arrears with property management fees and the legitimate interests of enterprises are damaged. Therefore, the owners' committee should do a good job in this aftermath.

The cooperative consciousness and overall situation concept of property management enterprises are the key. Dismissal and reemployment are normal market behaviors, and both new and old property management enterprises should face them correctly. For the problems encountered in the process of management transfer, efforts should be made to solve them through consultation, and excessive means should not be used to affect the normal order in the property management area. In fact, adopting irrational attitude and radical measures can not only solve the problem, but also affect the image of the enterprise itself, which is not conducive to the future development of the enterprise in the market, damage the image of the industry and worsen the survival and development environment of the enterprise. The original property management enterprise should respect the owner's choice, correctly treat the abandonment of vested interests, properly handle the management problems left over, and quit the project management according to the contract. The new property management enterprise shall be strictly self-disciplined, abide by various rules and regulations, and take over property management projects according to law. For some problems in the handover process of enterprises, trade associations should play an active role, play a good role in communication and coordination between enterprises involved, and can use the influence of the industry to promote the satisfactory resolution of the incident.

It is the guarantee for the real estate authorities to effectively perform their duties of supervision and guidance. For the contradictions and problems that often appear in the process of management transfer, the real estate authorities should seriously study and analyze, and prevent and solve them from the system. For specific matters such as the establishment of the owners' meeting, the decision made by the owners' meeting, the withdrawal of the original property management enterprise, and the entry of the newly hired property management enterprise, the real estate authorities should strengthen supervision and guidance, severely investigate and deal with violations of laws and regulations, do a good job in the interpretation and publicity of relevant laws and regulations, timely grasp and coordinate the emergencies in the transfer process, resolve contradictions, and ensure the smooth transition of the project management right.