The introduction of new property management regulations in Guangdong involves many changes.

In March 2009, the new edition of Guangdong Property Management Regulations came into effect. The new regulations involve owners' meetings, property fees, parking spaces and so on. The new property management regulations not only provide a legal basis for owners to protect their rights, but also bring many changes to the current situation of property management.

Editor's Note: In March, 2009, the new edition of Guangdong Property Management Regulations came into effect, involving owners' meetings, property charges, parking spaces, etc. The new property management regulations not only provide a legal basis for owners to protect their rights, but also bring many changes to the current situation of property management.

Owners who have changed 10% or more may apply for the establishment of a trade committee.

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For many communities, it is even more difficult to set up the owners' meeting. Many large communities in Guangzhou, such as Tang De Garden, Guangzhou Olympic Garden, Hengjun Garden and Chunlan Garden. During the establishment of the owners' meeting or the re-election of the owners' meeting, there have been various disputes and even bloodshed. Many communities have owners' meetings and owners' committees? Difficult to establish, operate and supervise? what's up Three difficulties? This problem is a headache for owners and also affects the stability and unity of society.

New regulations: Article 13 of the regulations stipulates that more than 20% of the owners can jointly submit a written request for the establishment of the owners' meeting to the sub-district office and the township people's government. Has been delivered to use the property construction area accounted for more than 50% of the property management area, the owners can submit a written request to the street offices, Township People's government to set up the owners' meeting. Under any of the circumstances mentioned in the preceding two paragraphs, the subdistrict office and the Township People's Government shall, within 30 days, guide and assist the owners to recommend and produce the preparatory group for the owners' meeting in conjunction with the real estate administrative department of the district or county people's government where the property is located.

Interpretation: According to Li, in fact, as early as 2007, Guangzhou began to delegate the approval authority for the establishment of the owners' meeting to the people's governments of streets and towns, stipulating that the establishment of the owners' meeting in each community should apply to the local people's government of streets or towns, accept the guidance and supervision of the local government, and file with the relevant departments of Guangzhou Housing Management Bureau. The formal implementation of the new "Regulations" will play a good role in promoting and guiding many communities preparing for the owners' meeting.

The income from the change of public places in the second residential area belongs to all owners.

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At present, in many residential areas in Guangzhou, in addition to collecting property management fees, property management companies usually use various public facilities in the residential areas to generate income. For example, frame advertisements in elevators, LCD TV advertisements, advertising fees for external walls, parking fees for residential quarters, and venue rental fees outside residential clubs. In the past, it has been collected by property management companies, and the income and expenditure have never been announced to the owners, let alone shared with them. MISS ZHOU, the owner of a residential area in Tenga Hajime, said? There are advertisements everywhere in the community, and the income from parking spaces is not low. The money should belong to the owner, but the property management company took it by itself and never revealed where it was used. Our host feels really unhappy! ? Because of dissatisfaction with the property management company? External block? There are also spontaneous rights protection actions in the community.

New regulations: Article 53 of the regulations stipulates that public buildings and facilities built according to the plan in the property management area shall not be changed without authorization. No one is allowed to occupy or dig roads and sites within the property management area without authorization, which will harm the interests of the owners. Using the roads, green spaces or other venues owned by the owners in the property management area as parking spaces for parking vehicles, or using the parts and facilities of the property for business, it shall obtain the consent of the relevant owners and owners' congress, and go through the relevant formalities according to law. The income belongs to all owners according to law.

Interpretation: Li said that in view of the fact that most residential property management companies in Guangzhou take the proceeds from public facilities as their own, it is rare to implement financial openness and transparency. After the new property management regulations are formally implemented, it will be possible for the owners of residential areas to target public facilities in operating income. A wave of rights protection? .

The supporting facilities in the third change are divided into the same property management area.

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There are many old cities and villages in Guangzhou, and there are also many housing reform houses in earlier years. These residential areas often encounter the problem of regional division when implementing property management. For example, some property management companies are free for their own interests. Divide pork? If you circle a few buildings at will, you claim to be a community, regardless of whether the public supporting facilities and equipment are shared with other buildings, which leads to various disputes. In addition, due to different opinions of owners, there are two owners' meetings or two property management companies in some communities, which has caused a lot of confusion in community management. In Cuihu Villa, I took two property management houses at the same time. What about the two property management houses? Fight? The owner, Ms. Ye, still has a lingering fear of the incident: it's terrible. They not only fought, but also broke many glass doors and windows, making the child cry! ?

New regulations: Article 7 of the regulations stipulates that the property management area shall be defined according to the scope of the red line map determined by the planning permit for property construction land, combined with the facilities and equipment of the property, community construction and other factors. The use of property supporting facilities and equipment shall be designated as a property management area; However, facilities and equipment can be used independently and divided into different property management areas; Article 9 stipulates that the owners' meeting shall be established in the property management area, and the property service enterprises shall provide property management services.

Interpretation: Li pointed out that according to the new regulations, a community can only have one owners' meeting and one property management company. ? Property supporting facilities and equipment * *? Has it been delineated? A property management area? Facilities and equipment can be used independently and divided into different property management areas. In addition, what are the provisions for the implementation of property management in built residential areas such as old urban areas and villages in the city? Neighborhood offices and township people's governments shall, after soliciting the opinions of relevant owners, determine the property management area? . The relevant subjects are controversial about the delineation of the property management area, and need it? It shall be determined by the real estate administrative department of the district or county people's government where the property is located after consulting the neighborhood offices, township people's governments, relevant owners and residents' committees where the property is located? .

Change four voting rights, one household, one vote

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Although the previous property management regulations have clearly stipulated the voting rights of owners, what is the basis? Exclusive parts area? 、? The total area of the building? , especially? Number of owners? How to calculate, after all kinds of understandings, when counting votes? The public says that the public is right, and the woman says that the woman is right? Developers with a large number of unsold houses usually count their votes by area, which greatly reduces the fairness of voting and causes disputes in some communities.

New regulations: Article 22 of the Regulations stipulates that the area and the number of owners shall be determined in the following ways: (1) The area of exclusive parts shall be calculated according to the construction area; The total construction area is calculated according to the sum of exclusive areas. (two) the number of owners of the exclusive part that the construction unit has sold, one household is calculated by one person; The exclusive part of the unsold construction unit is calculated by one person; The total number of people is calculated by the sum of the two.

Li Interpretation: It is pointed out that the new "Regulations" have made very detailed provisions on taxation standards. One vote per household? Spirit, even if the construction unit still has a large number of unsold houses, press when voting? People? Time can only be counted as one? People? That is, only? One vote? ; When calculating by area, the share can only be calculated by the average area of all houses. That is to say, even if there are 1 000 unsold houses, the area ticket can only be calculated according to the average area of each of these 1 000 houses, for example, 1 000 square meters.

Change five parking spaces to meet the owner and rent it out.

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Due to the lack of early planning, and? Car owners? With the rapid increase, many buildings in Guangzhou, especially in downtown areas, are facing a serious shortage of parking spaces. Speaking of parking spaces, Mr. Yang, an owner of Haizhu, is indignant. The parking space in our community is 4∶ 1, which means that four owners have only one parking space, but almost every family here has a car. The developer sold the parking space early in the morning, and many buyers are foreigners. And there is no place to park near the community. If I want to park, I have to rent it from others for 1000 yuan a month. Do you think it is unfair? ! ?

New regulations: Article 54 of the Regulations stipulates that the construction unit shall lease the parking spaces and garages planned for parking cars in the property management area to the owners and property users in the area first. After meeting the needs of the owners and property users in this area, if the construction unit rents the parking spaces and garages to others other than the owners and property users in this area, the lease contract period shall not exceed six months; The construction unit can only sell the parking spaces and garages after obtaining the registration of the ownership of the parking spaces and garages according to law. The construction unit shall, one month before the sale of parking spaces and garages, inform all the owners in this area in written form, and publicize the property right certificate and sale price of the parking spaces and garages to be sold in a prominent position in the property management area. When the number of parking spaces and garages for sale is less than the number of houses in this area, each owner can only buy one parking space and garage.

Interpretation: What about the regulations? Meet the needs of the owners first? Giving further clarification embodies several spirits: first, parking spaces and garages are rented first and then sold; Second, the construction unit should obtain the ownership registration before the sale; Third, when the number of parking spaces and garages is small, each owner can only buy one parking space and garage to reflect fairness.

Only with the consent of the interested parties can the use of the house be changed.

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In Guangzhou, there are many community owners who change their houses into enterprises without authorization. Does the owner either rent it out to the enterprise or open a shop or even build it himself? The room in the room? ; There are also many developers or property management companies that rent overhead floors, green spaces and community clubs at will for commercial profit. Mr. Chen, the owner of Tianhe Community, once complained to reporters: The one upstairs changed the original two rooms, one living room and one bathroom into four rooms and four bathrooms for rent, and a bathroom was directly changed into my kitchen. They didn't do a good job in waterproofing and excreta infiltration, which broke my kitchen and made dirty water tick all day! ?

New regulations: Article 53 of the regulations stipulates that in the property management area, it is not allowed to change the purpose of the house and change the house into a business house in violation of laws, regulations and management regulations; Article 55 of the Regulations stipulates that the following acts are prohibited in the property management area: (1) damaging or changing the load-bearing structure and main structure of the house without authorization; (two) in violation of laws, regulations and management regulations, change the purpose of the house and change the house into a business house; (3) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens, or changing bathrooms above bedrooms, living rooms (halls), study rooms and kitchens of lower-level households into bathrooms; (four) destroying or changing the appearance of the house without authorization.

Interpretation: Is Li right? Change from living to business? And the new "Regulations" is not arbitrary? One size fits all? This is completely forbidden. If the owner really needs to change the use of the house, and if the house needs to be changed into a shop due to laid-off or re-employment, he can abide by the provisions of laws, regulations and management regulations, go through the corresponding examination and approval procedures, and meet the requirements of national health and environmental protection. Under the premise of abiding by laws, regulations and management regulations, it is particularly important to obtain the consent of interested parties such as upstairs and downstairs and neighbors in accordance with the provisions of the Property Law.