Does the community really need property?

Thanks to the author "Han You said" for sharing.

First, does the community need property? This is a good question, but it is not an accurate one. The first thing we need to clarify is the concept of "property" in the question. "Property" and "property enterprise" are different. The former is the floorboard of building maintenance activities, while the latter is the view of enterprises engaged in such activities. The "property" in the question should refer to the "property enterprise".

Second, the property management company is not necessary. In fact, the historical development of China's "property enterprises" is only about 30 years, and the development of the service industry of property enterprises is based on the comprehensive effects of objective needs, historical development, legal policies, games between parties and other factors, which makes us inadvertently identify with the property industry, but we have to temporarily accept it. This is also the reason why the owner asked: Why should there be a property (enterprise)?

Thirdly, objectively speaking, as long as buildings exist, there must be two kinds of activities, one is the use of buildings and the other is the maintenance of buildings. Harmony and repair are two sides of a whole, which constitute the main content of the owner's behavior during the existence of the building.

Fourth, the use of buildings has developed from simple to complex. From small single-family houses for self-use and self-repair, to shared rent, to multi-family houses, to highly complex high-rise buildings, the difficulty of "repairing" with "harmony" has increased geometrically. And who will use it and who will maintain it, the key is how to clarify the responsibilities of all parties who use the building.

Fifth, the way to solve the responsibilities of all parties is to distinguish the scope of rights and obligations of all housing users. This is a "differentiated ownership" system established through thousands of years of practical experience and theoretical development. The reason is that the use of the house is a private right, and the obligations are also borne by private individuals.

Sixthly, according to the general strategies of various countries and the system of differentiated ownership of buildings established in China's Property Law, the model of building management is as follows:

(a) first clear proprietary and * * *, as shown in the figure:

N. 1, a single owner only exercises power and assumes obligations for his own exclusive part. Therefore, the proprietary part of the property problem is not managed by the property enterprise, and the responsibility is borne by itself. However, it is generally believed that the exercise of power shall not harm the interests of other proprietary and * * * owners.

N.2, * * * part belongs to all owners * * *, and the owners set up owners' organizations to exercise it.

A property area generally goes through three stages, namely:

The first stage: scattered and disorderly owners can only exercise exclusive part of the ownership, unable to exercise the membership rights of * * *, and are too lazy to undertake some obligations of * * *.

In the second stage, through the procedures of announcement, consultation, voting and election, the owners are organized and an orderly owners' organization is established.

Here, the owners' organization is called the owners' assembly: it belongs to a non-permanent deliberative organization and has two main functions:

First, provide a solution mechanism for the owners to reach a * * * understanding. The basis for solving this problem is a text called "Rules of Procedure of Owners' Congress".

Two, to establish a unified programmatic document for the owners, known as the "owners convention". These two are the basis of clarifying the real intention between owners who have the right to * *, forming the internal constraints between owners and the unified will of owners to organize the outside world.

In the third stage, because the owners' meeting is a non-permanent institution, a permanent executive body is needed to implement the resolutions adopted by the owners' meeting in order to exercise its functions. This organization established by election is called "Owners Committee".

At this stage, the elected person is called a "member of the owners' committee" and a "director of the owners' committee" is appointed. Here, the members of the owners' committee belong to the self-selected representatives of the owners, who decide the behavior of the owners' committee through democratic consultation, so this is a purely democratic deliberative body.

What is particularly clear here is that the owners' committee has no legal person qualification, and the director of the industry committee is also different from the legal representative of the general legal person organization. He has no legal representative authority equivalent to the legal representative in the work of the industry committee, and the exercise of his authority is limited by the resolution of the owners' meeting and the negotiation results of the owners' committee. Only within the scope of authorization has the decision-making power.

After the establishment of the owners' committee, it is mainly engaged in two aspects, namely, within the scope authorized by the owners' congress:

1, (protection of owners' rights and interests) * * * Building maintenance, maintenance and use.

2. (Owner's obligation) Collection, supervision and use of expenses.

Seventh, in order to achieve the above purpose of property management. There are generally three ways.

The first type: property self-management, that is, direct management by the owners or owners' committees themselves. This situation is suitable for small and medium-sized communities with less complicated situation and less management difficulty. The advantage is that self-management is easy to negotiate and communicate, and the disadvantage is that the degree of specialization is not enough.

Due to the development of modern property management area to large and super-large, the building structure has also become very complicated. Therefore, building management has gradually become a relatively specialized activity. Therefore, individuals who can provide professional services are still property management companies.

Second, the property management manager, who serves individuals, usually appears in the form of professional consultants, with the purpose of providing professional property management advice. This form is relatively rare in China.

Third, the organizational form of professional services provided by property enterprises, that is, the market subject, is the mainstream of China's domestic property service industry.

Therefore, as can be seen from the above figure, the property (enterprise) does not necessarily exist, but exists as a service subject to meet specific needs. It is not only an objective demand satisfaction, but also an alternative service form.

But why do we often have a feeling, as the subject asks: Do we have to have a property (enterprise)? Why can't we manage it ourselves? Why can't I choose the property company I want to use?

The reason is that the marketization of our property service activities is very low, and there is no healthy competition among property enterprises at all. The reason is that according to the "Property Management Regulations", the property enterprise of general real estate is the first pre-property, which does not mean that it is not good to settle in the pre-property. To understand this matter, we must look at the following eighth point.

Eighth, from the above, it can be concluded that the relationship between the owners' congress, the owners' committee and the property enterprise is as follows:

The owners' congress is the meaning organ, the owners' committee is the executive organ, and the property enterprise is the executive organ.

First of all, there is a contractual relationship between the property enterprise and the owners' committee.

Judging from the performance evaluation of the property service contract, only the owners' committee is the restrictive department of the property enterprise. In other words, without industry committees, there is no organization that can restrict property enterprises. Therefore, based on the needs of their own interests, property companies must hope that they have no obligation to limit the existence of the parties after they settle in-that is, to try their best to hinder the establishment of the owners' Committee. The establishment of the owners' committee will inevitably require the authorization of the owners' meeting, so the property enterprises will almost certainly do everything possible to hinder the convening of the owners' meeting. Professional, full-time and organized methods are almost an irresistible force for enthusiastic owners who organize owners.

From the performance of the owner's obligations in the property service contract, the owner undertakes the obligation to pay the property maintenance fee, and from the property service contract, the owner's committee undertakes the obligation to pay the property fee. This is also the only way to control the other party to perform the contract as the relative person of the property enterprise (another way is to dismiss the property enterprise). However, at present, property companies are often the collectors of property fees, and this grasping hand has directly failed. Therefore, the owners' committee's supervision of property companies is often a mere formality.

Secondly, from the perspective of the owners' committee, the owners' assembly is not only the source of their rights, but also the superior organ that restricts their exercise of rights. Therefore, most owners' committees often delay or deliberately avoid convening the owners' meeting again after their establishment, so as to minimize supervision and exercise or abuse their power at will. This is why I put the corporate governance structure or management system on the right. Compared with the corporate governance system, the industry committee lacks the supervision of rights, especially the supervision of the implementation process of rights, which often leads to the lack of necessary evidence in the later period of accountability. This is also an important reason for the formation of false associations. Of course, there are still many problems facing the industry Committee, and this is just one of them.

Enumerating the above problems only illustrates some defects of modern property management system from the system. To solve the problem of property, we must solve the above-mentioned pre-problems, but for individual owners, there is often nothing we can do.

Therefore, for property companies, we both need and hate. We want to improve them, but we can't start, and we love and hate them. ..........