Regarding industry committees and property management companies, they have not been established and implemented according to the process, and there is no good supervision and guidance in the local are

Regarding industry committees and property management companies, they have not been established and implemented according to the process, and there is no good supervision and guidance in the local area! Turn an article for your reference and hope to adopt it.

The promulgation of "Property Management Regulations" (hereinafter referred to as "Regulations") has aroused widespread concern of owners, property management enterprises, developers and all sectors of society. How to implement this landmark industry regulation has become the focus of discussion among colleagues in China's property management industry at this stage.

Owners' committee is an important bridge and link connecting property management enterprises, owners and external related units in the whole property management system, and effectively playing the role of industry committees has become a key link in property management activities. There are 8 items in the Regulations concerning the responsibilities and obligations of industry committees, accounting for 1 1.43% of the total items. By studying the relevant provisions of the owners' committee in the Regulations, the author makes the following analysis on how to effectively play the role of the industry committee:

First, several uncertain factors of the industry committee

1, uncertainty caused by membership

Based on the property right requirement of the property, the members of this non-governmental organization should be democratically elected by the owners. However, in the actual election, due to the lack of hardware conditions, and the flexible working hours of parliamentarians, it has formed great uncertainty about the emergence and role of parliamentarians.

Property management is a management science, and the level of management is closely related to the owner's life and social stability. As an industry committee closely related to the owners and property management enterprises, it has great responsibilities. Therefore, industry committee members should not only be enthusiastic about public welfare undertakings, but also master relevant professional knowledge of property management. Members with high quality can closely cooperate with the property management company, implement the decisions of the industry Committee with high quality, effectively protect the legitimate rights and interests of owners, and realize the preservation and appreciation of property; If the quality of members is not high, property management disputes will easily occur, which will affect the interests of the majority of owners and is not conducive to the normal development of property management activities.

2. Uncertainty of the legal status of the industry committee.

As a supporting document of the Regulations, the Beijing Municipal Bureau of Land Resources and Housing, in document J.G.F.F. (2003) 1024, stipulates that "the members of the owners' committee are elected by all owners through the owners' meeting and have legal status", and the industry committee is responsible for signing property management agreements with property management enterprises. However, in practice, because the industry Committee has no independent property, it does not have the basis to bear civil liability. Once there is a problem, as the main body of one party to the agreement, it is not smooth for the property management enterprise to pursue the legal responsibility of the defaulting party.

3. The uncertainty of the establishment process of the industry committee.

According to the "Regulations" and its supporting document "Rules of Procedure for Owners' Congress", the owners' congress determines the candidates for the members of the industry committee. This work is organized and implemented by the owner's representative and the construction unit under the guidance of the local people's government, the county people's government, the real estate administrative department and the sub-district office, without the participation of property management enterprises. However, in practice, it is difficult for local administrative departments to manage them one by one, and the construction unit has no time to take care of this work after completing the sales stage. Whether the sub-district office can actively do a good job in the establishment of the industry Committee also lacks corresponding assessment indicators, and the owner's personal strength is limited, so it is difficult to make substantial progress in the establishment of the industry Committee. To sum up, the establishment of the industry Committee has great uncertainty.

In addition, the "Regulations" also stipulate that the owners' meeting decides on the use and renewal plan of special maintenance funds and supervises its implementation. If the maintenance fund is charged according to the standard of 2% of the owner's purchase price, the maintenance fund is not a small sum of money, and it is not clear who will be responsible for the management and operation of this money. However, as the executive body of the owners' meeting, the industry Committee naturally has to bear the daily management of this fee. If this is the case, it is unfair to exercise such rights under the existing personnel composition and system of the industry Committee.

Second, take measures to ensure that the functions of the industry Committee can be brought into play.

The above uncertainties are unfavorable factors that affect the implementation of the regulations and hinder the healthy development of property management, and effective measures must be taken to improve and perfect them.

1. Hold members' experience exchange meetings on a regular basis according to work needs.

The democratic election of members by owners is determined by property rights, and the election criteria of members are clearly stipulated in the regulations. At this stage, in order to effectively play the role of industry committee, ensure the professional quality of industry committee members to meet the needs of property management, and shorten the gap between the contracting parties, it is necessary to strengthen members' experience exchange activities, publicize the professional knowledge of property management to industry committee members, and further clarify the responsibilities and obligations of industry committee members with the help of correct media publicity. Make it support the work of property management companies, urge owners who fail to pay property service fees within a time limit, and achieve win-win cooperation between the two parties to the contract. The above activities can be funded by the owner and sponsored by the property management enterprise. Trade associations regularly organize members to study, exchange and strengthen in various forms, and accelerate the mature process of members of trade committees through learning.

2. Strengthen supervision.

Owners' autonomy in public affairs in the property area is realized through the owners' meeting. For various reasons, the owners' meeting is generally held only once a year, and a large number of daily public affairs are usually authorized to be decided and implemented by the owners' committee. The term of office of the Committee is limited, the structure is unstable, the quality of members is uneven, and the legal status in operation is uncertain. Therefore, once the work mistakes within the scope of authorization are formed, which damages the interests of the owners and property management enterprises, according to the existing relevant laws and regulations in China, it is difficult for the parties to bear the corresponding legal responsibilities. Therefore, at this stage, it is necessary to make it clear that relevant departments should increase their corresponding responsibilities, or set up special institutions to guide, standardize and supervise such problems, and increase monitoring or law enforcement in the process to ensure the healthy development of the work of the industry Committee.

3. Add the daily office of the preparatory group of the Industry Committee to ensure the timely establishment of the Industry Committee.

In view of the important position of the Industry Committee and the seriousness of the preparatory procedures for its establishment, and the autonomy of private law, in order to ensure the timely establishment of the Industry Committee, on the basis of keeping the basic principles and related systems of the Regulations unchanged, we should consider adding a daily office for the preparatory work of the Industry Committee, which will be responsible for preparing and approving the establishment of the Industry Committee under the guidance and supervision of the competent government departments to ensure the timely establishment of the Industry Committee.

4, the industry committee should properly solve the related problems in property management.

At present, there are often some small problems in property management, which will not affect the development of the whole property management cause, but it will also harm the overall interests of the owners if it is not handled well. For example, some owners of residential quarters have successfully completed the purchase and sale of houses and related transfer procedures when they are in arrears with property fees and heating fees for many years, which makes it difficult for property management companies to recover, which affects the normal operation of enterprises and objectively infringes on the legitimate rights and interests of owners who have paid property fees. Therefore, the relevant departments should sign the handover procedures by the community industry Committee to ensure the public interests and legitimate rights and interests of all owners. Another example is: Article 20 of the Regulations stipulates that "the industry committee shall cooperate with the public security organs and the residents' committees to maintain social order in the property management area", and "the decisions made by the industry committee shall inform the relevant residents' committees and listen carefully to the suggestions of the residents' committees".

In view of the fact that the industry committee is an owner's autonomous organization in the civil law system and the neighborhood committee is a grass-roots political organization, the industry committee should only be responsible to the owners and the neighborhood committee only to the residents. How to properly solve the relationship between industry committees and neighborhood committees in theory, give full play to the supervisory role of neighborhood committees in practice, and how to increase the evaluation index of neighborhood committees' work in the organic law of neighborhood committees and related laws and regulations to make all laws and regulations more coordinated and effective are all urgent problems to be solved.

As the owners, the industry committee should properly coordinate the relationships between the owners, the owners and the property management enterprises, and the community and foreign related departments in the cultural interaction between the two groups and the activities of jointly building a civilized community, so as to play a more effective and positive role, form a good and harmonious community cultural atmosphere, and promote the spiritual civilization construction of the community.