Which is better, Goldman Sachs Real Estate or Renren Real Estate?

Wang Pengzuo (Xinhua News Agency reporter)

May 10 is the election day for the general election of the Industry Committee of Jinyuan Lijing Community in Hexi Street, Jingning She Autonomous County, Lishui City, Zhejiang Province. The picture shows the community owners voting for their favorite members of the industry Committee. Photo by Li Suren (People's Vision)

Speaking of the owners' committee, many people are familiar with it. But when asked where the industry committee of this community is and what it can do, most people may not know. Many residential quarters have not even set up owners' committees.

The owners' committee (hereinafter referred to as the "industry committee") refers to the executive body of the owners' congress, which is composed of the owners' representatives elected by the owners in the property management area, represents the interests of the owners by implementing the decisions of the owners' congress, reflects the wishes and requirements of the owners to all sectors of society, and supervises and assists the property service enterprises or other managers to perform the property service contracts.

"We just want to protect the rights and interests of the owners."

A residential area near Ciyun Temple Bridge in Chaoyang District, Beijing began to use at 20 10, and Mr. Zheng was the first owner to stay. Originally, he should be happy to live in a new house, but the reality makes him a little helpless: there are many problems from personal residence to public areas, which bring a lot of inconvenience to life.

During the years of electricity, heating, underground sewage pipes, residential environment ... 10, various problems kept appearing, and the original property management company did not act, which led to the owners' dissatisfaction with the property, represented by Mr. Zheng, getting deeper and deeper. "In recent years, there have been more and more unpleasantness with the property, and sometimes even quarrels." Mr. Zheng said.

As a result, a group of owners represented by Mr. Zheng sprouted the idea of setting up an industry Committee. "We just want to protect the rights and interests of the owners." Mr. Zheng believes that after the establishment of the industry Committee, it can gather more strength, manage community affairs according to laws and regulations, safeguard owners' rights and interests, and make the community better and more livable.

Relevant laws and regulations clearly stipulate the rights, responsibilities and obligations of the industry Committee. Article 277 of the Civil Code of People's Republic of China (PRC), which is about to be formally implemented, stipulates that owners may set up owners' meetings and elect owners' committees. The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

"Property Management Regulations" more clearly stipulates the establishment procedures, responsibilities and obligations of industry committees, especially the relationship between industry committees and property. The Guiding Rules of Owners' Congress and Owners' Committee is a normative document that specifically regulates the activities of owners' congress and industry committees and safeguards the legitimate rights and interests of owners according to the People's Republic of China (PRC) Property Law, the Property Management Regulations and other laws and regulations.

According to these laws and regulations, Mr. Zheng and other owners are going to promote the establishment of the community industry Committee, hoping that through the industry Committee, the community property will be more professional and standardized in the future, so that the property can make a difference and better serve the owners.

Professor Yilong Lu from School of Social and Population Studies, Renmin University of China, said in an interview that the industry committee is actually a new social organization with the general rise of commercial housing communities, which belongs to self-organized grassroots organizations. In the grass-roots social governance, it can be said that it is a new subject, which can represent the interests and demands of the majority of households, that is, owners. At the same time, it has certain checks and balances on the property management companies in newly-built commercial housing communities, and plays a positive role in promoting the communication between properties and households.

There are many obstacles in the process of establishment.

In August this year, Mr. Zheng and other owners of his community began to promote the establishment of industry committees, and they did a lot of work for this.

There are five buildings in this community, 1400 households. According to relevant regulations, it is necessary to reach 5% of the total number of households to apply for the establishment of the owners' meeting. Through the efforts of Mr. Zheng and some owners, more than 80 owners have been willing to become sponsors.

Just as the preparatory work was progressing smoothly, Mr. Zheng and others encountered new problems. It is necessary to convene the owners' meeting and set up the industry Committee, and the property management area must be delineated. This area was established according to the planning when the community was just built. Due to historical reasons, this plan is difficult to obtain now.

"There are several ways to get this plan. One is to get it from the developer, and the other is to check the files in the Beijing Archives. If these two places are not available, you can apply for redrawing according to regulations. " Mr. Zheng has studied this problem very clearly.

Later, Mr. Zheng and other owners got in touch with the developer through the sub-district office, and the sub-district office was also actively urging the developer to provide the property management regional plan of the community.

Such a situation as Mr. Zheng will be encountered to varying degrees in the process of setting up community committees in various places. Some have been satisfactorily resolved, while others have been wrangling and have not been resolved, deepening the contradiction.

In a residential area, there are five main bodies: the owner, the industry committee, the developer, the property management company and the neighborhood committee, and each main body has corresponding rights and responsibilities. After the establishment of the industry Committee, the property and other related affairs will be managed and supervised by the industry Committee, which will inevitably have an impact on the original living pattern.

Therefore, in many places, developers and property management companies have secretly blocked the establishment of community industry committees, and people are often caught off guard. Some people on the Internet summed up some tricks to prevent the establishment of industry committees, such as developers and property management companies doing everything possible to prevent the establishment of industry committees, not providing funds for the first owners' meeting, and not providing information. In the process of the establishment of the industry Committee, developers and property management companies will try their best to arrange "their own people" to enter, thus becoming their "spokespersons"; What's more, it will buy off or even spread rumors about candidates, causing mutual distrust among owners and slowing down the whole process.

"The obstacles to the establishment of the industry Committee mainly come from the monopoly position of developers." Yilong Lu said that the technical standards, policy requirements and regulatory measures related to the separation of commercial housing development and property management are not in place, which makes it more difficult to set up an industry committee.

Only when the name of the industry Committee is correct can it be smooth.

According to the process of the establishment of the industry Committee, Mr. Zheng and other owners will write an application to prepare for the owners' meeting. Although there have been many twists and turns in the middle, things are developing in a good direction.

With the acceleration of urbanization, more and more people are pouring into cities, and the scale of commercial residential quarters will gradually expand. However, judging from the current situation in various places, there are still a few communities that can set up industry committees.

Some communities don't need to be established. For example, the property management level of some communities is very high, and the owners do not need to supervise the property through the industry Committee, so the willingness to set up the industry Committee is not high; There are still some places that are unfamiliar with the industry Committee, especially in the vast towns and villages, and the awareness and willingness of community owners are basically blank. What's more, it was blocked by various obstacles in the process of establishment, which was very tortuous.

Yilong Lu said that the main reason for this situation is the different policy tendencies in different places. Some places do not advocate the extensive establishment of industry committees, fearing that after the establishment of industry committees, owners' awareness of rights protection will increase and rights protection activities will increase, which will inevitably increase rights protection disputes. "In addition, due to the complexity and professionalism of commercial housing development and maintenance, some local governments also tend to let developers' property companies take over residential properties to reduce disputes in residential property maintenance." Yilong Lu said.

The vague "identity" and unclear legal status make the industry Committee difficult. Both the Property Law of People's Republic of China (PRC) being implemented and the Civil Code of People's Republic of China (PRC) about to be implemented give the owners the right to set up industry committees, and the owners, owners' congress and industry committees have been confirmed by law. However, neither the law nor the property management regulations make it clear whether the industry Committee belongs to a legal person or other organizations.

Experts said that there are also shortcomings in the legal empowerment of industry committees, such as the rights, obligations and norms of industry committees' operation, and the relationship between industry committees and neighborhood committees, streets, housing management agencies and other departments. Relevant laws, regulations and even administrative rules still lack comprehensive, specific and operational norms. "The key is to improve the laws, regulations and regulatory policies for commercial housing development and property management, and fully protect the legitimate and reasonable rights and interests of owners and tenants." Yilong Lu suggested.

Zhu Hu, an associate professor at the Law School of Renmin University of China, believes that under the circumstance that the relevant laws and regulations are still vague, the relevant administrative departments should perform their duties of guidance and coordination according to law. When there are problems such as insufficient trust in the owner's property and disputes over the application of normative documents, it is necessary to coordinate according to law to ensure that the legitimate rights and interests of the owners are not discounted.

Li Bin, a lawyer of Beijing Zhongshengsheng Law Firm, said that the difficulty in establishing the industry committee is also related to the owners' insufficient understanding of their rights and relevant laws and regulations, and there are problems such as the owners' low enthusiasm for participating in public affairs and the lack of trust and recognition of organizers.

Now there are two mountains in front of the industry Committee, one is difficult to set up and the other is difficult to perform its duties. Therefore, the establishment of the industry Committee is only the first step, and it is more important to perform the duties after the establishment. This requires more energy and a more responsible attitude.

In the interview, Mr. Zheng and other owners also said, "After the establishment of the industry committee, it is necessary to elect honest and enthusiastic owners as members of the industry committee without violating the initial intention of establishing the industry committee, and supervise them to earnestly perform their duties. This is more important. " Mr. Zheng said.