Who did the owner's representative choose? The town government should check it out.

Guangzhou issued a notice to comprehensively strengthen the construction of owners' organizations and standardize organizational behavior.

The reporter of New Express learned yesterday that the Guangzhou Municipal Housing and Construction Bureau, the Organization Department of the Municipal Party Committee and the Political and Legal Committee of the Municipal Party Committee jointly issued the Notice on Comprehensively Strengthening the Construction of Owners' Organizations and Regulating the Behavior of Owners' Organizations (hereinafter referred to as the "Notice") to strengthen the governance of grass-roots political power and strive to build a * * * pattern in the field of property management in Guangzhou.

It is understood that the notice puts forward 30 work guidelines and supervision measures for the outstanding problems found in some aspects, such as the preparation of owners' organizations is divorced from the guidance of grassroots governments, the candidates of owners' organizations fail to meet the statutory standards, the voting fraud of owners' organizations, the property service enterprises obstruct the establishment of owners' organizations, and the special struggle to eliminate evils.

■ New Express reporter Wang Tong correspondent Yan Jian

situation

Industry committees and property management companies have been in litigation for many years.

A few days ago, some citizens reported to the reporter of New Express that Guangzhou Helindong Commercial and Residential Area Industry Committee and the property company Guangzhou Jiahua Property Management Co., Ltd. (hereinafter referred to as "Jiahua Property") had to fight a lawsuit every year in recent years.

According to enterprise survey data, Jiahua Property was established in 2005. It is understood that it is the second property management company in this community, and its charges have kept the price of each household in 30 yuan from the beginning. This year's Industry Committee successfully filed in the street on September 8, 20 15, with a term of five years; In that year165438+1October 15, the industry committee organized the owners' meeting and made a decision not to renew the employment of Jiahua Property Company. Since then, the two sides have launched a long-term "tug of war."

Property companies and some residents are dissatisfied with this decision. The person in charge of the property told the New Express reporter that there were problems in the election process of the industry committee itself. On the voting form, there is a candidate named Dong Xiaoyao (a pseudonym). The resident was marked as 20 14 dead on a permanent population data card of Guangzhou Public Security Bureau, Guangdong Province. In addition, the owners who participated in the voting also had two votes from Guangdong Trust Real Estate Development Company, covering an area of 27,350.698 square meters. It is the original developer of the community. It has no property rights for a long time and should not be included in the lottery.

The reporter of New Express learned that on August 6th, 2007, 2065438, more than 30 people gathered in the property office, trying to move office articles, but failed.

Feng Wuli (pseudonym), a member of the industry Committee, told the reporter of New Express that the property company used public space for personal gain. According to reports, before the management of the current industry Committee, the green area of the community was very large, and later many green areas disappeared inexplicably and became parking lots. There are foreign vehicles parked here from time to time during the day. "It is understandable that there was a parking lot when there was a car, but the resulting income should belong to all owners, but we never received it."

According to the relevant person in charge of He Lin Sub-district Office, at present, He Lindong's commercial and residential area is going through court proceedings, and no judgment has been made, so the court needs to make a final ruling.

The relevant person in charge of the Tianhe District Housing and Construction Bureau told the New Express reporter that the materials that should be submitted when the community industry committee was established met the establishment conditions, but the provincial trust real estate development company that participated in the voting did have flaws.

Why do you say that it meets the conditions for establishment? How can it be flawed? The civil award (20 17) of the Tianhe District People's Court in Guangzhou, Guangdong Province inquired by the reporter is Guangdong 0 106 Minchu. 2 1926 (hereinafter referred to as "Judgment No.2 1926") indicates that the filing actions of the real estate administrative departments and sub-district offices have formally examined whether the filing materials submitted by the owners' committee are complete and in compliance with relevant laws and regulations.

The existence of defects means that the votes of the provincial trust real estate development company as candidates of the Election Committee have neither official seal nor the signature of the legal representative, and their authenticity is in doubt. It is understood that regarding the votes of the community industry committee, the Guangzhou Railway Transport First Court (20 16) Guangdong 71KLOC-0/Line 568 further confirmed that the 17 vote was altered during the election of the community industry committee, and its authenticity was not recognized. "My name was written on the voting form, but I didn't know anything about it, and I never participated in the voting," said Ms. Pang, a resident.

Regarding the industry committees and property companies, the relevant person in charge of the Tianhe District Housing and Construction Bureau said, "In actual work, many industry committees did not operate according to procedures and laws and wanted to get rid of the supervision and guidance of the government. Some industry committees do not fully respect the wishes of owners and do not put the interests of owners first. As for the property management company, as long as you do your own service well, don't get too involved in the affairs of the owners' meeting and the industry Committee. In fact, as long as it is an expression of the real wishes of residents, the government supports it. "

A striking person [something]

Jie town government

It is necessary to check the representatives of the preparatory group of the industry Committee.

The reporter found that one of the highlights of the Notice is to clearly take grassroots governance as the leading factor and fully implement the supervision and guidance duties of street and town governments. According to the notice, the township government should check the qualifications of the owners' representatives of the preparatory group. If the recommended representative of the owner of the preparatory group does not meet the prescribed qualifications or forges the owner's signature, he may be disqualified from participating in the preparatory group.

In addition, the street and town governments should jointly investigate and deal with illegal acts of construction units and property service enterprises that fail to perform their obligations of support and assistance and infringe upon the legitimate rights and interests of owners, and take joint disciplinary measures against acts of dishonesty. If the decisions made by the preparatory group, the owners' congress and the owners' committee violate the laws and regulations on property management, the street and town governments shall, jointly with the district housing and construction departments, order them to make corrections within a time limit or revoke their decisions, and notify all owners.

Owners' meeting voting

Information should be disclosed through WeChat group and other means.

The reporter of New Express also found that the Notice clarified many important concepts of contradictions and disputes, refined the establishment and operation procedures of owners' organizations, and ensured the exercise of owners' legitimate rights, which was highly operational.

In the voting process of the owners' meeting, the Notice stipulates that the preparatory group or the industry Committee should disclose information to all owners through effective means such as WeChat group and WeChat official account to solicit opinions; The voting of the owners' congress should first adopt the electronic voting method, and the district housing and construction department should speed up the construction of the electronic voting database in the jurisdiction.

Regarding the transfer of property management rights, the Notice stipulates that if the owners' congress selects a new property enterprise according to law, the industry committee shall promptly negotiate with the original property enterprise about the transfer of property management rights; If negotiation fails, it may apply to the township government for mediation, and the industry committee and the new property enterprise may not forcibly take over the property management area. If the original property enterprise refuses to withdraw from the property management area in violation of regulations, it shall be investigated and dealt with by the district housing construction department according to law.

The notice also clarified that the property management work will be included in the assessment of comprehensive management work (safe construction) in all districts, and relevant municipal departments will organize forces to conduct citywide inspection and supervision on the implementation of the notice from time to time, and coordinate and solve problems in a timely manner when found. The district government should refine the work system, establish an assessment mechanism centered on finding problems and dealing with them quickly, and improve the reward and punishment mechanism of property management.

comment

It is necessary to strengthen the guidance and supervision of non-governmental autonomous organizations and governments.

Liu Yi, a member of the Guangzhou Municipal Political Consultative Conference, believes that the current laws and regulations in China are not perfect, and there is a lack of clear constraints on the relevant rights of industry committees. In reality, many industry committees equate themselves with property companies or their superiors, and guide professional property companies in an unprofessional way, which is easy to cause power rent-seeking.

On the government side, it is necessary to strengthen the guidance and supervision of non-governmental autonomous organizations. Street offices and housing and construction bureaus should enter the community, strengthen the publicity of industry committees, and awaken people's awareness of rights. Just because there is no legal right, you don't want to get into trouble.

Oppose the decision of the industry Committee

There is a best chance to refute.

Wu Jie, a lawyer of Sheng Bang Law Firm, Guangdong Law School, pointed out that if the community owners have objections, they have the best chance to refuse the decision of the community owners. According to the relevant provisions of the Property Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, the owners of residential quarters have the right to cancel the decision. If the owners think that the decision (resolution) made by the owners' meeting or the owners' committee infringes upon their legitimate rights and interests or violates legal procedures, they have the right to sue and demand that the decision (resolution) be revoked. However, the right of revocation has a one-year exclusion period, and the owner shall bring a suit within one year from the date when he knows or should know that his rights and interests have been infringed, otherwise his rights will be lost.