New property and old property

The owners have great opinions on the management of the old property in Long Fu International Community, and demand that the old property be evacuated. They also held a meeting of owners and voted for a new property company.

A corner of the community under the old property management provided by the owner of Long Fu International Community.

Henan Business Daily reporter Han/Wen Respondents for the picture

Whether the property service is good or not is related to the vital interests of every owner. In many residential areas and even some shopping malls in Zhengzhou, because the property can not meet the expectations of the owners, there will be a phenomenon of replacing the property.

In the process of changing property, a problem often arises, that is, the old property refuses to leave. What should I do? The newly revised "Zhengzhou Property Management Regulations" gives the answer.

The owner of the shopping mall wants to change the property, and the old property raises questions.

"We all found new properties, but the old ones refused to leave." Recently, Wang Li (pseudonym), the owner of a commercial plaza in Zhengdong New District, told Henan Business Daily that the shopping mall industry committee had encountered difficulties in replacing the property.

According to Wang Li, the shopping mall adopts the trusteeship lease mode, that is, after the owner buys the shop, the property is rented and managed on behalf of the owner.

"Next to the mall business is booming. Many shops here are idle, and there are not many shops rented out. " Wang Li said that the bleak flow of people in shopping malls, coupled with the backwardness of facilities and management, made the owners lose confidence in the old property, and many owners felt that they should try to replace the property.

With the joint efforts of the owners, in 2020, the mall held an owners' meeting, elected the owners' committee, and then began to prepare for the property replacement.

"Shopping malls are different from communities, and people live in scattered places." Wang Li said that the owners' committee sent a questionnaire to the owners and asked them if they agreed to change the property. The owner fills in the form and sends it to the owner's representative. Owners' representatives held a meeting to count the survey results and finally decided to change the property.

"The new property was discovered by the industry committee," said Wang Li. After confirming the replacement of the property, everyone informed the old property and prepared to let the new property settle in in the near future.

But the new property moved in and the old property refused to leave. The person in charge of the old property in the mall said that according to the law, changing the property needs to go through the process of the owners' meeting, and the new property is completely operated by the owners' Committee, not the meaning of the owners' meeting, so it is unreasonable.

Is it reasonable to move in the new property? The two sides had differences and the incident was deadlocked.

The property in the community is not easy to change.

Changing property is not an easy task, and many communities in Zhengzhou have similar experiences.

In recent days, residents of Zhengzhou Long Fu International Community are preparing for the welcoming ceremony of the new building.

"In the past, the problem of light garbage in the community could not be solved. We all joked that we live in' garbage'. " The owner, Ms. Lei, told Henan Business Daily that the old property in the community was not only poorly managed, but also almost useless. "We have long wanted to change the property, but it has never been realized."

"After a long time, everyone's opinions must be great." Ms. Lei said that in August this year, the owner's dissatisfaction with the property broke out, and everyone spontaneously pulled banners in the community to ask the property to withdraw from the community.

"The property itself definitely disagrees." Ms. Lei said that in the end, the government functional departments came forward to coordinate and the old property agreed to voluntarily withdraw from the community.

Ms. Lei said that after the old property was decided to leave, the owners' meeting was held in the community in September this year, and a new property company was elected through voting. In recent days, new property companies have settled in, which has brought great changes to the community.

Recently, there is also Qingcheng Meiyuan Community, which also changed properties.

Mr. Wang, the person in charge of the community industry Committee, said that earlier this year, the service contract signed with the old property expired, and many owners wanted to replace the property because of the unsatisfactory service quality.

In July this year, the community held a meeting of owners, and the owners voted not to renew the contract with the old property and entrusted the owners' Committee to find a new property.

But when the new property found by the owners' committee was ready to move in, the old property refused to move out.

"The industry Committee has communicated many times, but they still refuse to leave." Mr. Wang said that in the end, a large number of owners gathered in the old property office and contacted the person in charge of the company before going through the handover procedures with difficulty.

"Property service is good, you say it doesn't count, and the industry committee says it doesn't count. Can only be decided by the owner. " Mr. Wang said that it is really troublesome to change the property in the community, because not only the satisfaction of the owners, but also the profitability of the property company should be considered. After all, property companies usually don't take over loss-making businesses.

Pay attention to these details when changing properties.

What should I do if I want to change the property in the community?

The reporter of Henan Business Daily found out that the Regulations on Property Management in Henan Province stipulates that the owners' meeting should perform the duties of determining the property management mode, hiring and dismissing property service enterprises.

The Civil Code, which came into effect in June, 5438+this year 10, clearly stipulates that the hiring and dismissal of property service enterprises or other managers shall be decided by the owners' meeting. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. It shall be subject to the consent of the owners who vote for more than half of the exclusive area, and shall be agreed by more than half of the owners who vote.

10 10 The Zhengzhou Property Management Regulations, which came into effect on October, also proposed that the employment and dismissal of property service personnel should be decided by the owners according to law and publicized in a prominent position.

Is the statement that "the owner agrees to the decision" consistent with the "decision of the owners' meeting"?

Yang Lu, a lawyer of Henan Tianji Law Firm, said that there is no difference between the decision of the owners and the decision of the owners' meeting.

What if the old property refuses to move out?

Can the property be directly replaced after the owners' meeting decides to replace it?

In fact, the civil law stipulates that when deciding to terminate the old property, unless otherwise agreed in the contract, the property service provider shall be notified in writing 60 days in advance. If the dismissal causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Although the owner should compensate for the loss, this does not mean that the old property can refuse to move out on this ground.

The upcoming "Zhengzhou Property Management Regulations" stipulates that if the property service contract is terminated, the property service provider shall withdraw from the property service area and perform the handover obligation according to law, and shall not refuse to handle the handover on the grounds that the owner is in arrears with the property fee or disagrees with the owner's decision, and shall not prevent new property service providers from entering the property service area to provide services for any reason.

Of course, new property service providers are not allowed to forcibly take over the property.

So what should we do when the two sides have differences? The new regulations stipulate that the owners' committee may report to the subdistrict office, the township people's government, the district/county (city) property management department, or bring a lawsuit to the people's court according to law, requiring the original property service provider to withdraw from the property service area.

What penalties may the old property face if it refuses to move out?

In view of the phenomenon that the old property refuses to quit in the replacement of residential property, Dangfeng, an expert in community governance, believes that the industry is immature behind it.

Dang Feng said that the newly revised Regulations on Property Management in Zhengzhou City has given sub-district offices, township people's governments and other functions to organize, guide and supervise property management activities. To solve the problems arising from the alternation of old and new properties, to some extent, government departments need to play the corresponding functions.

In response to how to deal with similar disputes, the party Feng said that the newly revised Zhengzhou Property Management Regulations clarified the complaint channels. Although there is no direct mention of specific punishment, it does not mean that it cannot be punished.

According to the "Regulations on Property Management in Henan Province", if the property service enterprise fails to handle the handover procedures in accordance with the regulations, the property management administrative department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 200,000 yuan will be imposed.

"If the old property still refuses to move out after the government punishes it, the industry Committee can take judicial channels." Zhang Guoqiang, secretary-general of Henan Property Chamber of Commerce, said that the newly revised Zhengzhou Property Management Regulations made it clear that the old property refused to move out and could be enforced through litigation.