On the relationship between property and owners in the new period

With the rapid development of community construction, a new relationship has quietly emerged: the relationship between property and owners. The relationship between property and owners seems tense and hostile, but in fact, the relationship between property and owners should be harmonious and friendly. To change this situation, we need to consider and change from two aspects, so that the relationship between property and owners can be on the right track.

Supervision refers to the supervision of the property management company's fees and service behavior by the industry Committee on behalf of all owners, and urges the property management company to perform the service contract according to law. When disputes between owners and property management companies are inevitable, industry committees need to perform coordination functions. With the improvement of social legal system, people have thought of using legal weapons to solve problems and safeguard their rights and interests on many occasions. A new industry committee has been set up in the community where Mr. Wang lives. Previously, some owners were dissatisfied with the unreasonable fees charged by property companies and delayed the payment of controversial property fees. The two sides went to court for this. The relationship between the property and the owner was once frozen. After the promulgation of the Property Law, this case can be based on the provisions of Articles 76 and 79 of the Property Law: the maintenance funds of buildings and their ancillary facilities belong to the owners. With the consent of the owner, it can be used for the maintenance of elevators, water tanks and other parts. It is a violation of the Property Law for a property company to increase or decrease property fees or change the charging standards by itself, and the court should decide the owners' committee to win the case. The relationship between the property and the owner has reached this point, which is quite tense.

Due to dissatisfaction with the service of the original property management company, the new owners' committee of Mr. Li's residential area requested to dismiss the original property management company and re-employ the property management company. However, the old and new owners' committees coexist at the same time and hold their own opinions. Faced with this situation, the relevant departments require the owners' committee to immediately stop work and re-elect, and the newly elected owners' committee will hire property companies. When the contract expires, the original property company has to wait for the decision of the new owners' committee. At this point, the relationship between the property and the owner is once again deadlocked.

So how can we change the relationship between property and owners? We believe that the current property service agencies have become a wide-ranging industry that has an important impact on people's lives, and the disputes between owners and property service agencies in society are gradually increasing. The main contradiction is that developers will choose their own pre-property management companies when building a residential area, and they will be responsible for the management of the residential area before the owners' meeting is held and the owners' Committee is established. Some pre-property management companies are subordinate units of developers, and their management level cannot satisfy the owners. When the owner wants to fire the housekeeper hired by the developer, it is often difficult. However, the Property Law stipulates that the owner has the right to replace the property service enterprise or other manager selected by the construction unit according to law. If the owner dismisses the property company designated by the developer in line with the procedures, the property company shall not object. Owners' committee is a new organization with the development of real estate market and property management industry. It is a non-governmental organization between property management enterprises and owners, composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society and supervising the management and operation of property management enterprises. It plays an extremely important role in property management activities.

Not long ago, Ms. Wang found a company downstairs. People come and go every day, occupying the elevator, and some people who come in and out are not of high quality. This situation makes Ms. Wang and some other neighbors have great opinions. But when they went to negotiate with the neighbors who rented the house, the neighbors thought that the house was his own and he could rent it to whoever he wanted. In the case of Ms. Wang, we can use other neighbors to defend our rights by law. The Property Law stipulates that the owner shall not change the house into a business house in violation of laws, regulations and management regulations. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations. Although this kind of dispute is not easy to solve. According to the relevant matters of the property law, similar disputes that disturb the people have reached the legal scope. A tall building is being planned next to Mr. Wang's house. They are worried that the lighting and ventilation will be affected when the high-rise building is completed. If high-rise buildings really affect the lighting right in the future, can Mr. Wang and his neighbors beg for it?

The Property Law stipulates that the construction of buildings shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings. This is essentially a question of neighboring rights. Simply speaking, it is the relationship of rights and obligations arising from the exercise of rights or use rights by neighboring parties of real estate. The neighboring right holders of real estate shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. Now the property law stipulates that the injured party in the adjacent relationship can righteously claim the right to sunshine. The relationship between property and owners should be equal.

Therefore, the establishment of the owners' committee and the clarification of its legal status are the basis for the establishment of a new system combining the owners' self-management with the professional management of property management enterprises, and are also the inevitable requirements for cultivating and standardizing the property management market. In short, people should not only fully affirm the realistic rationality of the owners' committee system in the current judicial practice, but also deeply understand its defects, and constantly improve the owners' committee system through their own work, so as to make it play a fundamental role to the maximum extent, safeguard the vital interests of the majority of owners, and ensure the healthy and orderly development of the real estate market and property management industry.

The Property Law stipulates that the right to use residential construction land will be automatically renewed when it expires. This provision of the Property Law has undoubtedly reassured everyone. But the so-called automatic renewal only extends the right to use the building, not the land right, so once the building is scrapped, the land will be nationalized. So remind the owners to take good care of the building. After 70 years, as long as the building is healthy, it will still be yours. This is also good for improving the relationship between the property and the owners.

Therefore, in the new era, the relationship between property and owners should be equal and friendly. As a service provider, the property should actively understand the needs of the owners and actively pursue the relaxation and improvement of the relationship between the property and the owners. Owners should not make the relationship between property and owners too rigid. Only harmony can promote the healthy development of communities and create a good atmosphere for their lives.