Property management regulations have been implemented for more than five years, and the establishment rate of industry committees is still low.

On June 2007, 65438+ 10 1, the Property Law was formally implemented, which established the legal basis of private right of real estate. At the same time, the State Council also revised the Regulations on Property Management in a timely manner, making it clear that owners in the same property management area should set up owners' meetings and elect owners' committees under the guidance of the real estate administrative departments of the district and county people's governments where the property is located or the sub-district offices and township people's governments.

However, more than five years later, according to industry reports, the proportion of owners' committees in first-and second-tier cities with concentrated residential areas in China is not high. Due to the low degree of specialization, the overall operation quality of the industry Committee is not high and the social recognition is low. Qin Bing, a well-known real estate lawyer and director of the Joint Bid Committee of the National Owners' Committee, believes that although with the formulation, revision, promulgation and implementation of the Property Law and the Property Management Regulations, owners' committees have been established in various places, and the number has increased year by year, from the overall situation of the country, it is optimistic that the proportion of community industry committees should be less than 30%. In addition to the small number, the aging of the members of the industry Committee can not be ignored.

20 1 1 August, Beijing Municipal Commission of Housing and Urban-Rural Development released such a set of data. There are more than 3,600 residential property management projects in Beijing, with 840 owners' meetings, accounting for 23.3%. In Guangzhou, Guangdong Province, where the real estate market developed earlier, according to the local media report on April 20 12, the establishment rate of its industry committee was less than 20%.

In addition to first-tier cities, the establishment rate of industry committees in second-tier cities is also low. On 2011June 15th, the Housing Management Bureau of Taiyuan City, Shanxi Province reported that the establishment rate of owners' committees in Taiyuan City was only 7% to 8%, and the Housing and Construction Department of Shanxi Province required that the establishment rate of owners' committees should reach 50% in 20 15 years. At the beginning of 20 12, according to the disclosure of the Housing Construction Committee of Changsha City, Hunan Province, among more than 2,000 residential areas with property management in Changsha City, the establishment rate of industry committees is less than 30%, and the proportion of standardized industry committees is even smaller.

Qin Bing told reporters that around 2000, the owners' committee was just established, and the industry committee was still in a "semi-legal" state. At that time, most of the members of the industry Committee were young and middle-aged backbones with energy, professional knowledge, passion and enthusiasm. But now, according to his contact and investigation, the average age of the members of the industry Committee is too large, and most of the members of the industry Committee are mainly retirees, and their young strength is greatly reduced. Qin Bing believes that this reflects to some extent people's concern for the industry committee and the decrease of their participation. Lawyer Bi, deputy director of the Property Management Professional Committee of the Beijing Lawyers Association, believes that apart from the urgent need for a substantial increase in the number of industry committees, the degree of specialization of industry committees also needs to be strengthened. According to his survey of more than 600,000 communities in China, at present, only less than 1% of the industry committees can be professional. The low degree of specialization has also led to a decrease in the recognition of the current industry Committee.

Tu Haiming, member of Shanghai CPPCC and chairman of Shanghai Du Hao Real Estate Development and Management Co., Ltd., disclosed in the proposal of Shanghai's "two sessions" this year that although the proportion of Shanghai's industry committees is high, less than 10% has fully played its role. Owners' committee has become the bottleneck of standardized operation of property management. Tu Haiming called for speeding up the construction of the standardized operation mechanism and supervision mechanism of the industry Committee and strengthening the restriction mechanism for the inaction industry Committee. He suggested that members of the industry Committee should be paid and professional.

Tu Haiming suggested that the government should clearly stipulate the labor remuneration standards of the members of the industry Committee, and formulate corresponding remuneration standards according to the area of the property management area to share with the owners. Regarding the professional formation of industry committees, Tu Haiming suggested that professional services can be provided by hiring "property service intermediaries". Ji Rujin, deputy director of Tsinghua University Real Estate Research Institute, told the reporter that there have been some problems in the practice of property management in China, such as unclear legal status, unclear responsibilities and irregular operation, which led to the property management companies being in a strong position in the legal relationship of property management, while the establishment and operation of owner autonomy and property management committees were difficult, which became an obstacle for the development of property management in China to a higher level.

Bi Wenqiang told reporters that according to his understanding, the owners' committee, which embodies the spirit of owner autonomy, is struggling in the actual operation process, mainly in the aspects of difficult handover of property service houses, difficult property information and difficult punishment.

Therefore, Bi suggested that the power of law is needed to solve the dilemma of the industry committee. For example, the relevant legislative departments need to make provisions on the transfer of ownership of property management houses to owners, and at the same time, they can give the housing management departments faster and more effective punishment measures. According to the mature experience of foreign property management, the owners' committee can hire a lawyer with professional knowledge of property management as the legal adviser of the owners' committee, which can effectively review and supervise the signing and performance of property management contracts and promote property management enterprises to provide property management services dutifully in accordance with the contract and laws.