Does the owner have the right to change the property?

The property management company is a "housekeeper" hired by all the owners, and is a service organization entrusted by the owners to help them manage and maintain the community. But in reality, many owners often look at the "face" of the property. The Property Law clearly stipulates that the owner has the right to change the property.

laws and regulations

Owners have the right to choose property management companies.

Articles 8 1 and 82 of the Property Law stipulate that the owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.

situation

Satisfied property companies are difficult to enter the community.

At the end of 2004, Shanghai Genesis Garden (Forum News) Community selected Pengxin Property Company with the lowest score through public bidding, refused to hand over the work for various reasons, and took various measures to prevent the winning property company from entering, so the work of the industry committee was in trouble. Later, at the request of the local housing management department, Pengxin Property was evacuated from the community and handed over to the industry committee.

In July 2005, the owners' committee of Xi Anfu 'an Garden was dissatisfied with the property services provided by Xi Anfu 'an Garden Property Management Co., Ltd., and decided to terminate the contract after discussion and approval by the owners' meeting. And signed a property service contract with Shaanxi property service co., ltd. After the property moved into Fuan Garden Community, Zhou, the head of Fuan Garden Owners Committee, privately signed a new property service contract with Fuan Garden Property on June 8, 2005, and issued a notice of dissolution to the property on June 9, 2005. Subsequently, Fuan Garden Property entered Fuan Garden Community and forcibly took over the property management of the community.

phenomenon

Pay the property fee but not enjoy the service.

Miss Liu, who lives near the East Gate, called to report: "The lighting in the corridor is broken, the property is not changed, and the roof leaks rain." Every time they report to the property, they always perfunctory, say to solve it immediately, and finally do nothing. Then go to them and tell them that the property fee is confiscated and there is no money. "

Miss Liu and Mr. Bian of Anmou Community have the same experience. Because of this, he quarreled with the property several times. Mr. Bian said angrily on the phone: "Originally, we asked the property to do things for the community, but now it is actually we who asked the property to do things for the community. We never default on property fees. Why can't you meet the requirements? "

question

There are three major difficulties for owners to "fire housekeepers"

The reporter learned from Xi 'an Property Management Association yesterday that there are thousands of residential areas with property management in Xi 'an, more than 300 full-time property companies manage them, and only more than 20 owners' committees have been established.

Dong Hao (pseudonym), deputy general manager of a well-known property company in Yuan 'an, revealed yesterday that it is not easy for owners of residential quarters to change property companies. First of all, it is difficult to set up an industry Committee. Generally speaking, according to the Measures for the Establishment of Owners' Committees in Urban Residential Areas of Shaanxi Province, if the comprehensive acceptance of residential properties is qualified and more than 50% of the owners live in and the sold public houses have the conditions to implement property management, they should prepare to convene owners' meetings or owners' congresses, elect owners' committees, and apply to the local housing management department. But the reality is that few developers actively encourage the establishment of industry committees, and only enthusiastic owners come forward.

Secondly, it is difficult for the owners to pass. According to the regulations, to replace the "housekeeper" in the community, more than half of the owners need to agree, and the housing area purchased by these owners also exceeds half of the total area of buildings in the community. He said that at least 10%~20% houses in some communities have not been sold; Some can't afford it or stay away all the year round; There are also some households related to community developers; In addition, many owners are not concerned about the establishment of industry committees.

In addition, the industry Committee is difficult to operate. According to the regulations, the working expenses of the owners' congress and the owners' committee shall be borne by all owners. In the early days of its establishment, enthusiastic owners can provide places and make contributions, but after a long time, contradictions between the industry Committee and the owners and even within the industry Committee appear. There is no normal operating mechanism and the existence of specific industry committees is rarely considered.

sound

If there is a contradiction, the owner is also responsible.

In view of the phenomenon that many owners denounce the inaction of the property company, Mr. Huan, the person in charge of Anmou Property Company, said that the contradiction between the property and the owners in the community is tense, and the responsibility is not entirely in the property, but some owners are also responsible.

For example, he said, for example, central heating in winter is provided in a unified time according to state regulations, but some people feel that the temperature is high and some people feel cold. As a property management company, they can only consider the opinions of most owners, so owners who do not meet their wishes will feel uncomfortable and find fault with the property. For another example, some people only think that the property has taken money and can't see what the property has done, which has become the reason why some owners don't pay the property management fee, but these owners don't want to think that hundreds of people in the whole community eat and drink Lazar, not the property company.

(The above answers were published on 20 16- 12-09. Please refer to the actual situation for the current purchase policy. )

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