Paper on property environmental management

On the Influence of Property Law on Property Management

The formulation of property law is a major event in China, which concerns the vital interests of every citizen. Among them, the definition of building ownership and related property rights is closely related to property management. Its significance lies in that she defines three rights of building ownership from the legal level, namely, the exclusive right to distinguish all exclusive parts of a building, the right to distinguish all buildings from their parts, and the management right of the building owner. This laid an important foundation for establishing the legal system of property management. After the introduction of the property law. The Property Management Regulations and other relevant laws and regulations will constantly improve the provisions on property management according to the Property Law.

First, the main content of property management reform caused by property law

Generally speaking, the condominium ownership of buildings in the property law basically continues the provisions of the property management regulations, but some contents have undergone major changes, mainly in the following aspects:

1, which clearly stipulates the way to determine the voting rights of the owners and the principle of double majority in the passage of the bill.

The Property Management Regulations stipulates that owners have the right to vote, but there is no mandatory requirement for the way to determine the voting rights of owners. The way to determine the voting rights shall be stipulated by the rules of procedure of the owners' congress. In order to ensure the convening of the first owners' meeting, local people's congresses and their standing committees have stipulated the voting rights of the first owners' meeting in their local laws and regulations, which are generally calculated on the basis of households or sets and combined with the construction area, and have also restricted the upper limit of the voting rights of individual owners. In this regard, the Property Law does not adopt the decentralization scheme in the Property Management Regulations, but uniformly stipulates that the way to determine the voting rights of owners is to combine the construction area with the number of people, and the matters decided by the owners should be passed by a double majority, with the consent of both owners who account for more than half of the total construction area and owners who account for more than half of the total number.

According to the Property Management Regulations, ordinary bills require the participation of owners with voting rights of 1/2 or more in the property management area, and special bills must be passed by more than two-thirds of the voting rights held by owners, so in theory, ordinary bills can be passed by more than 1/4 of the voting rights held by all owners. The Property Law stipulates the principle of double majority. The adoption of ordinary bills requires the consent of owners who account for more than half of the total construction area and more than half of the people. The adoption of the special bill requires the consent of the owners who account for more than two-thirds of the total construction area and more than two-thirds of the total number of people. The principle of double majority in the resolution of the owners' meeting is to balance the interests of large owners and small owners and avoid the monopoly of the owners' meeting by large owners, but it will also increase the difficulty of passing the resolution by the owners' meeting.

2. Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

The contradiction of parking management in property management is increasingly prominent, and there are no relevant provisions in the property management regulations that can be used as guiding opinions for management, while the Property Law stipulates that "parking spaces and garages planned for parking should first meet the needs of owners in the building division. Within the building partition, the ownership of parking spaces and garages planned for stagnant vehicles shall be agreed by both parties through sale, gift or lease. Parking spaces that occupy roads owned by the owner or other venues for parking cars belong to the owner. " The principle that parking spaces and garages should first meet the needs of owners is clarified, which provides the basis and direction for the revision and improvement of relevant laws and regulations on parking management.

3. Changing the house into a business room requires the consent of interested owners.

The Property Law stipulates that "the owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the residence to business use, in addition to complying with laws and regulations and management regulations, it should also be approved by interested owners. " . Administrative regulations have strict restrictions on the use of houses, and the transformation of residential houses into non-residential houses requires the approval of relevant departments. However, even if the "change of residence to non-residence" has passed the examination and approval of the administrative department, the property law still tries to impose secondary restrictions from the perspective of civil law, requiring that the "change of residence to non-residence" must obtain the consent of interested owners, which provides an extra layer of protection for ordinary owners and helps to avoid damaging the interests of other owners due to administrative mistakes.

4. The owners' congress has obtained the qualification of litigation subject.

"Property Management Regulations" belongs to the legislative authority and does not mention the qualification of litigation subject. The main qualification of the owners' committee was confirmed by the Supreme People's Court [2002] Minli Zi No.46 reply. As for the litigants of the owners' congress and the owners themselves, it is generally believed in the legal circle that the owners' congress does not have the qualification of litigants and it is impossible to conduct litigation in its own name. In judicial practice, it seems that there is no case in which the court allows the owners' assembly to conduct litigation.

The Property Law stipulates that "the owners' meeting and the owners' committee have the right to demand the perpetrator to stop the infringement, remove the danger, remove the obstruction and compensate for the loss in accordance with laws, regulations and management regulations for any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, and refusing to pay property fees. Owners may bring a lawsuit to the people's court in accordance with the law for acts that infringe upon their legitimate rights and interests. " "If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it." , giving the owners' meeting the qualification of litigation subject.

Second, the real impact of property law on property management

1, the influence of property management consciousness and behavior

For the administrative department, the legal interpretation of the relevant elements of real right in the Property Law provides a clear legal basis for its administrative actions. In the process of administrative behavior and law enforcement, straightening out the relationship between relevant subjects, putting themselves in a correct position and clarifying their responsibilities can overcome the disadvantages of unclear responsibilities, lack of management and excessive intervention in property management market activities. The Property Law clearly defines its property rights, which gives good guidance and support to its awareness of rights protection in the process of property management, and helps owners to establish a correct awareness of rights protection and handle the legal status relationship with developers, property management enterprises and owners according to law. After the formal promulgation, it will fundamentally change many relationships and contradictions among property management owners today. For property management enterprises, the major changes in the above-mentioned property management laws and regulations in the Property Law will prompt property management enterprises to adjust their specific business behaviors in time to adapt to the changes in the legal environment. More importantly, property management companies have changed their business philosophy and production consciousness. This change stems from the in-depth study and judgment of the relevant contents of the Property Law, and the changes it brings to the property management market will have a certain impact on the market positioning, business strategy and service product positioning of enterprises.

2, the influence of property management laws and regulations

The existing laws and regulations related to property management will be revised and updated on a large scale according to the Property Law. Property Law, as a basic legal system in property management, is bound to be cleaned up after it is officially promulgated, and it will be revised and updated on a large scale according to the provisions of the Property Law, and the contradictory provisions will be revised, and the new system will be incorporated into laws and regulations, so as to improve the relevant specific content and make it more operational. For example, how to hold the first owners' meeting, whether the garage can be sold by others other than the owners of the community, etc., may be solved through the revision and update of supporting laws and regulations, and finally form a coordinated, unified and complete legal system of property management.

3. The influence of property management format.

The mode of entrusting property management enterprises to manage will still be the mainstream of property management format. The Property Law stipulates three modes of property management, one is owner's own management, the other is entrusted management by property management enterprises, and the third is entrusted management by other managers. The specific forms of the two new models need to be further clarified by supporting laws and regulations. From the feasibility point of view, the "owner's self-management" mode is likely to be that the owners' meeting or owners' committee directly hires professional service companies to provide special services such as security, cleaning and greening, and the "other managers" in the "entrusting other managers to manage" mode is likely to refer to registered property managers with professional qualifications. The emergence of these two new models has positive significance for the healthy development of the property management market, but they cannot really become the mainstream of commercial formats. The former model has shortcomings such as lack of professional knowledge and congenital deficiency of supervision mechanism, while the latter model has become the biggest weakness of managers' ability to ridicule risks. Of course, although the property management company has professional knowledge and skills, has enough ability to control and supervise the special service company, and has enough ability to resist risks and compensation, for some small-scale buildings, there is no scale benefit due to the limitation of property charging standards. If the property management company does it, it will inevitably lose money, but through the first mode or the third mode, some expenses can be saved, and supervision is easier and more suitable for management.

After the promulgation of the Property Law, in order to cope with the changes in the market format of property management, the involvement of various professional organizations and the increase in the litigation rights of owners, property managers should constantly improve their professional quality and comprehensive quality, strictly abide by laws and regulations based on quality services, and actively face and solve new contradictions and problems in property management.

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