Please help me write down my views and feelings about the property management regulations.

The Property Management Regulations (hereinafter referred to as the Regulations) have finally come out! I read through the 22-page "Regulations" with as many as 70 articles in one breath for several times. To tell the truth, I never studied any central documents and various reports so seriously when I was young. Because I and a group of people like me have put too much effort into the property management activities involved in the Regulations and the Regulations.

Compared with the property management regulations (draft) (draft for comments) that has been drafted and prepared for four years, I find that there are too many places to be revised. Only around 10 has not been modified. This also makes me feel from the bottom of my heart that the idea that "open door legislation may be purely a form" was wrong. Facts have proved that after legal procedures, citizens' opinions can completely become the will of the state. Letting citizens see the role of "ordinary people" in the prosperity of the country is actually one of the greatest achievements of the Regulations.

The "Regulations" were finally promulgated. Finally, there is a law to follow! I was calm, but suddenly I felt very tired. Just like a soldier who has just finished fighting, he feels pain and drowsiness only after winning; It is also like a teenager chasing a girl in love, which is bitter and tired.

In more than four years of community public welfare activities, I have seen all kinds of disputes, especially property management disputes. Many of them disagree because there is no suitable law, and it is difficult to get justice recognized by both parties in litigation. Some even develop into serious criminal cases, thus endangering social stability. The promulgation of the "Regulations" undoubtedly provides a unique standard for the parties to property management disputes on the basis of resolving disputes. There are standards to be right or wrong.

We should see that the root cause of the dispute is suspicion and the ambiguity of the rights of all parties. And doubt will always exist in the buying and selling behavior; It takes time to clarify the rights of all parties, and we need to wait for the improvement of the awareness of the rule of law and the correct understanding of the law. So there will still be all kinds of disputes. However, with the demonstration role of dispute resolution, it will become less and less.

We should also see that breaking the law is a real phenomenon in all walks of life. It cannot be expected that all parties concerned will strictly abide by the Regulations when they are promulgated. Therefore, the work of safeguarding our rights and interests according to law is still very arduous, and the work of publicizing the spirit of the regulations and popularizing legal knowledge to the whole society is still very arduous. In the future, new things and situations in property management and even community construction and governance will surely become new problems that we need to study and solve.

The perfection of the "Regulations" itself also needs to constantly sum up experience and make suggestions to the legislature in our practice.

In short, the road of property management and even community governance has just begun, which requires the rationality and unity of owners, the supervision and guidance of government departments, and the integrity and norms of property management enterprises and developers. So as to maximize the social value of property management, namely social stability and economic development.

As a member of the owners, I have the following views on the description of the rights and obligations of the owners and the owners' congress in the regulations:

As the Property Law has not yet been promulgated, there is no legal guarantee that "ownership is everything". In fact, the provisions of Article 19 of the Regulations explicitly give the owner the "property management right" among all the rights of the owner. But this law, after all, regulates property management activities, and it is not necessarily appropriate to explain other rights of owners in this law. I hope that after the promulgation of the Property Law, all the rights and obligations of the owners can be completely defined. Nevertheless, I still think that in the process of property management, the rights given to owners by the regulations are enough.

From the definition of the owner in Article 6, it can be seen that as the owner, there is nothing that can be exercised alone. This is actually compatible with the characteristics of the property itself. Because property management is actually the management and service of all owners' property, the owners' exercise of certain rights alone will inevitably have an impact on the rights and interests of other owners. This is not conducive to property management activities. Owners' recognition of the spirit of the regulations will certainly reduce the property management disputes caused by individual owners, thus protecting the interests of most owners. This problem is not obvious now, and will gradually increase with the settlement of disputes between owners and developers. This regulation will become a legal weapon to effectively solve such disputes.

Article 7 The obligations of owners are actually the obligations of a single owner to all other owners, not to developers or property management companies. This is very important. For the property with the same property right, any owner's behavior must be based on the behavior norms and standards of all other owners (that is, the contents of the owners' convention). Any "personality propaganda" beyond this scope is not allowed. This is the relationship and activity characteristics between individual owners and all owners in the property owned by * * *. If you don't understand this, you can't arrange your own activities or restrict others' activities.

From article 8 to article 20, it is explained that the highest authority in a property management area is the owners' assembly, which is composed of all owners. This is actually the form of referendum in the field of property management. The owners' committee is the executive body and the secretary body.

As far as the current actual situation is concerned, the responsibilities of the owners' congress are quite many. Some of them are even difficult to implement in practice. For example, "formulate and modify the rules and regulations on the use of * * * parts and facilities, public order and environmental sanitation maintenance in the property management area".

The regulations also take into account the operability of the owners' meeting, and clearly put forward that "written opinions can be used" and "agents can be entrusted to participate". However, it must be reminded that although this design facilitates the convening and resolution of the owners' meeting, it also facilitates the occurrence of fraud. Therefore, under the above circumstances, strict meeting supervision mechanism and voter identity screening mechanism should be formulated to ensure the progress of the meeting and the representativeness of the resolutions.

Regarding the owners' committee, article 15 clearly defines its main responsibilities. In other chapters of the regulations, there are also statements about other responsibilities of the owners' Committee. In fact, as a non-profit organization, it is not easy to perform the duties stipulated in the regulations. A well-run owners' committee not only has time to participate in the work of the owners' committee, but also requires its members to be a group of owners with high quality and rich professional knowledge. However, this requirement is incompatible with the way of obtaining the owner's rights (in fact, the right to purchase with the purchase of a house). Therefore, the power of the owners' committee will certainly produce different results among different members of the owners' committee. Where there is power, there is abuse of power. Therefore, the design of limiting the power of the owners' committee and members and handing over the highest power to the owners' assembly has fully considered the stability of the community and the interests of the vast majority of owners. As a member of the industry Committee, my public welfare activities have never been hindered. Power is the power of all people; Work is the work of public welfare workers. This is the mentality of people who are willing to be members of the owners' Committee.

Article 17 of the Regulations clearly stipulates that "the owners' convention is binding on all owners". This is the necessary legal guarantee for the long-term stability of the property management area (or a community). A community is a small society, and the owners' convention is the "small constitution" of this small society. At present, many disputes are caused by the owners' ignorance, disapproval and failure to sign the convention. The legal status of the convention will completely solve the disputes between the majority owners and the minority owners in the community. These disputes are often reflected in the process of property management companies restricting the behavior of a few owners in accordance with the convention. On the surface, these are property management disputes, but in essence, they are disputes between owners.

There are also some statements about the relationship between the owners' meeting, the owners' committee, the relevant government departments and even the residents' committee in the regulations. I think these expressions are appropriate and in line with China's national conditions, which can also be called "property management with China characteristics" legal system. There is no need for the owners to take a confrontational attitude towards this. I believe that with the gradual improvement of the market economy, the property rights of owners will be more and more respected.

The above is my understanding and views on the roles of owners, owners' assembly and owners' committee in the regulations.

In fact, a large part of property management disputes come from the unclear punishment right of public parts in the property management area. This issue is stipulated in many places in the Regulations. It is believed that with the implementation of the "Regulations", relevant disputes will be properly resolved, and the beneficial rights of the public parts that the owners should have will be returned to the owners, so as to offset the expenditure of property management fees to the maximum extent and make the owners get the due benefits.

In addition, in the early stage of property management, it is common for developers not to bear or bear less property management fees for unsold houses and houses that have been sold but not occupied. In fact, this is the property that the owner who lives in has always supported the developer. The "Regulations" also clearly stipulates in Article 42 that "the property that has been completed but has not been sold or handed over to the property buyer, the property service fee shall be paid by the construction unit". This will make the previous property management more fair.

Although the "Regulations" have been promulgated, the relevant supporting regulations still need to wait for the work of local legislatures. We can still pay attention to and participate in the work and do our duty as a citizen. It is also our unshirkable responsibility to popularize, publicize and practice these regulations.

"Guide owners to understand property management, remind developers to attach importance to property management, assist property management enterprises to standardize property management, and realize property preservation, community stability and social stability under benign property management" should be the responsibility of each of our industry Committee members.

Refer to more articles about property management.

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