Can property management trust solve the dilemma of property management?

After the marketization of housing, property management has changed from public services provided by the government to buying property services from owners. However, a single owner can't decide what kind of service to buy, and can't sign a purchase contract with the property company alone. The current model is that the owners' meeting and the property company sign a contract.

But in this way, the obligor and the obligee are separated, and the payment is the obligation of every owner, and the main body of the right exercise is the owners' meeting or the owners' Committee.

Wang Ji, the president of the Fourth People's Court of Zhengzhou Intermediate People's Court, once pointed out that more than 70% of the property service enterprises in China belong to the subordinate institutions of developers, about 20% belong to the restructuring of housing management offices or logistics units, and the truly independent property service enterprises are less than 10%. Due to the special "father-son relationship" between developers and property service enterprises, owners often vent the developer's breach of contract on the property company on the grounds of not paying property fees to confront developers or utilities such as water and electricity. However, this confrontation of the owners is difficult to get court support after entering the lawsuit.

If the owner defaults, the property management company can sue a single owner. But if the owner wants to sue the property management company for the public interest, he can only make suggestions. Only when the owners' meeting is held and more than two-thirds or more than half of the owners agree, the owners' meeting or the industry Committee can bring a lawsuit.

In other words, the owners pay the property fees directly to the property company, but they cannot directly defend their rights, and the rights and obligations of the owners are not equal.