Problems and Countermeasures of Property Management in China

With the development of market economy and the reform of housing distribution system, the ownership of housing in China has undergone fundamental changes, and the traditional housing management mode has gradually been replaced by property management, a new industrial management mode. However, judging from the development of the property management industry in recent years, there are various problems in this industry closely related to urban residents, which has become a major worry for the majority of property buyers. Therefore, strengthening the research and exploration of current property management is not only related to the vital interests of the vast number of urban residents, but also related to the healthy development of the property management industry itself. I. Main problems in property development 1. Lagging laws and regulations. Although the Regulations on Property Management was formulated after four years of deliberation, it was not drafted by legal experts, but by the property management industry representing the interests of property management enterprises. Therefore, after the promulgation of the "Regulations", while being praised by the government, some experts and industry lawyers specializing in property management research issued completely different voices. The main reason is that the property right and the legal status of the owners' committee, the two core issues in resolving property management disputes, are not reflected in the regulations. There are some problems in property services, such as the election of owners' committees, the service standards and service fees of new and old properties and so on. The "Regulations" did not propose any solutions. As for the new situation such as the commission remuneration of property companies and the collection of property fees by owners' committees, the "Regulations" did not mention anything. 2. It is difficult for the owners' committee to play the role of safeguarding rights, supervising and coordinating. (1) The existing legal status of the owners' committee cannot represent the rights of the owners. The owners' committee is elected by the owners (or owners' representatives) meeting, and only reported to the housing management administrative department, not registered by the civil affairs department. It is a non-governmental autonomous organization. Although it has certain organizations and property, it does not have the qualification of a legal person, and cannot be the subject of disputes or legal proceedings, and cannot fundamentally safeguard its own rights and interests on behalf of the owners. (2) The owners and owners' committees are not aware of rights protection. As the owners' committee is a representative organization to safeguard the legitimate rights and interests of owners in property management activities, its members work part-time for free. The vast majority of owners will only coordinate with property management companies and related parties through the owners' Committee when the interests of using private properties are damaged; When the owner uses * * * and the public interest is damaged, the owner and the owners' committee often don't take the initiative to care about and solve the problem. (3) The owners' committee lacks supervision mechanism. The owners' committee has the right to represent all owners in property management. From the actual effect, the owners' committee system has played a certain role in promoting the development of the property management industry. However, due to the integration of decision-making and implementation, it is difficult to reflect the wishes of all owners, which violates the principle of consistency of powers and responsibilities. 3. Property management lacks scale effect, low technical content and irregular management behavior. Due to the late start of property management in China, the present situation of "small, scattered and chaotic" vassal regime is very prominent, and the degree of science and technology is far from that of western developed countries. Most property management companies can't reach the normal scale of operation. According to statistics, more than 70% of property management companies are on the verge of loss or loss. The popularization and application rate of science and technology in the process of property management is extremely low, and labor-intensive is still the dominant mode of property management. Some property management companies have irregular behaviors, such as inadequate services and inconsistent charging services, which have damaged the legitimate rights and interests of owners to some extent. Traditional property management includes property security, cleaning and greening, maintenance of equipment and facilities, payment of various expenses, etc. Most of them rely solely on manual management, which not only consumes a lot of manpower, material resources, financial resources and time, but also is difficult to achieve standardized management results. 4. The collection, management and use of maintenance funds are not standardized. The maintenance fund is specially used for the overhaul, renewal and transformation of facilities and equipment in the same part of the house after the warranty period expires. In nature, it belongs to a special fund specially set up for designated purposes and belongs to all owners. There are usually two ways to raise maintenance funds; One is the developer's payment, and the other is the collection from the property buyers (or owners). At present, there are different practices all over the country, and there is still a lack of unified norms. But whether developers or property buyers (or owners) pay, it is a question of how to ensure timely and full payment. But at present, the common situation is that developers can save, but they can delay, and buyers (or owners) refuse to pay maintenance funds for various reasons. As a result, many residential facilities and equipment in the same place can not be maintained in time, let alone overhauled and updated. Some newly-built residential areas have also seen the phenomenon that one year is new, two years are old and three years are broken, which makes people sigh. Second, the countermeasures of property management 1. Accelerate the introduction of the property law, and formulate and improve departmental regulations, normative documents and local regulations that are compatible with the regulations. Because the scope of property management is very extensive, involving many departments, it is necessary to speed up the promulgation of the Property Law, formulate and improve departmental rules, normative documents and local regulations that are compatible with the Regulations, and enhance the guidance and operability of property management laws and regulations. For example, the Interim Measures for the Administration of Bidding for Property Management, the Rules of Procedure for Owners' Congress, the Measures for the Administration of Special Maintenance Funds for Residential Buildings and the Measures for the Administration of Qualification of Property Management Enterprises have been promulgated. Judging from the implementation of the Regulations, there are several issues that need to be clarified and standardized. First, the establishment of the owners' committee, it should be clear that the owners' meeting can take various forms; The second is to clarify the main position of the owners' Committee in law; Third, strengthen the supervision of the behavior of the owners' Committee and increase the content of restraining the behavior of the owners' Committee; The fourth is to further clarify that owners have the obligation to pay property management fees, and owners' committees have the obligation to urge owners to pay property management fees. Adding restrictive measures that owners can take to refuse to pay property management fees in the owners' convention; The fifth is to further clarify the transfer of property management rights and related convergence issues; Sixth, increase the punishment measures that property companies can take when they violate the rules and damage the legitimate rights and interests of owners, and standardize the management behavior of property companies according to law. 2. The government, developers and property management companies actively cooperate to create a social atmosphere conducive to the brand building and scale development of property management companies. First, we should take appropriate measures to reorganize and integrate enterprises by purchasing and merging property management enterprises with small scale and weak management ability, so as to form scale advantages, thereby optimizing enterprise resource allocation, realizing resource enjoyment, reducing management costs and embodying brand characteristics. By expanding the scale of operation, we can maximize the benefits of enterprises and enhance their strength. The second is to introduce competition mechanism and bidding mechanism in the property management market, cultivate a fair and just market environment, and choose the best. The government should strengthen supervision and management and guide enterprises to carry out intensive and large-scale operations. For example, we should carry out the system of holding certificates for property community managers, strengthen the quality training of property managers, link the qualification level with the charging standard, establish a service charging system of "pricing by quality, matching quality with price, and agreeing on the contract", implement ISO9002 certification, and speed up the construction of the integrity system of property management. 3. Unify and standardize the collection and management of maintenance funds. Maintenance fund has the characteristics of large amount, long storage time and large one-time consumption. It is necessary to make clear the source channel of the fund, who will pay, how much to pay, in what link, how to manage, use and supervise, ensure the timely arrival of the maintenance fund and promote the normal operation of property management. The maintenance fund is mainly raised from the following aspects, which are unified and standardized: (1) The owner shall pay the maintenance fund. The public parts and facilities of real estate are an inseparable part of the whole real estate, and timely maintenance and renewal of these parts is the premise to ensure the normal operation of the property. If the public facilities and equipment of the property are not maintained or updated in time, it may lead to various disasters. The existence of maintenance fund can effectively preserve and increase the value of property. The author believes that it will not bring too much economic pressure to the owners, nor will it cause idle waste of funds. The most important thing is to do so in accordance with the principle of equal responsibilities and rights. Moreover, the cost price of construction area is the most scientific and reasonable standard for paying maintenance funds. (2) The developer shall pay the maintenance fund. The developer is the owner of the property ownership before the property is sold, and the property has no right to be accepted by the construction quality supervision department or the property company. The goods developed by developers must meet the acceptance standards stipulated by the state, and they must also be guaranteed within a certain period of time in accordance with state regulations, and the warranty money will be detained according to a certain proportion. However, building products are different from general industrial products, and there may still be planning and design defects, quality defects and hidden dangers after completion acceptance or warranty expires, which will be gradually exposed during use. Therefore, when the developer hands over the property to the property company for maintenance, he must pay a certain maintenance fund, which is the unshirkable obligation and responsibility of the developer. Moreover, the cost price of construction area is the most scientific and reasonable standard for paying maintenance fund. (3) There should be sufficient maintenance fund when selling public housing. According to the current relevant regulations, the funds for after-sales maintenance of public housing come from two parts: first, the selling unit draws from the selling price according to a certain proportion, in principle, the multi-storey housing is not less than 20% of the selling price, and the high-rise housing is not less than 30% of the selling price; Second, buyers pay 2% of the purchase price to the selling unit. Due to the localization of the housing reform policy, the extraction methods and payment ratios of maintenance funds across the country are also varied, but overall, maintenance funds are more or less extracted. Another reality is that a large number of fund-raising houses, houses, affordable housing and housing projects have not fully raised or raised maintenance funds. How to raise this kind of housing maintenance funds remains to be further standardized by relevant departments.