Owners General Assembly established the threshold is too high?Updated: 2016-5-24 7:11:00 Views: 796
Original title: Owner General Assembly set up the threshold is too high?
Parking peak hours, a lot of parking spaces in a car park in a district of Zhuhai none of parked vehicles, parking spaces have been sold tag display. Wangrong She
In recent days, << Zhuhai Special Economic Zone Property Management Regulations (draft >> (hereinafter referred to as the draft << >> Zhuhai attracted wide attention from all sectors.
In order to regulate the activities of property management, maintenance, owners and non-owners to use the lawful rights and interests of property management companies and the development of regulations, establishment owners and owners of the Committee, facilities equipment property, property management services, maintenance and use of the property more work to regulate, and ended on June 23 for public comment.
Multi-reporter learned that all sectors of the legislative means to regulate property management activities affirmed and endorsed, but draft >> << some provisions also led to disagreement among the owners of the General Assembly set up the threshold, failure to pay property management fees will be included in the individual credit system, to determine the industry committee members, and sale of residential parking spaces for rent and other issues become the focus of four.
Zhuhai City Legislative Affairs Bureau official said, according to the current feedback, the legal bureau of the recent draft >> << will be modified, and the public comment again, improve the quality of legislation. Nanfang Daily reporter Wu Fan
1. The focus of the owners' meeting standards also set strict regulations than the province?
Establishment of the owners of the General Assembly, the election industry, the Commission is the key to achieve autonomy owners. In recent years, more and more cell Zhuhai establishment of the owners of the General Assembly and committees, but according to insiders, Zhuhai set up a relatively low proportion of Community industry, the Commission about half the national average. Some people suggested that the draft >> << provisions held its first General Assembly of the owners of the relevant standards, stricter than national and Guangdong province, is not conducive to the owners of autonomy.
<< >> Draft proposed establishment of the owners of the General Assembly for the first time, require the property management area of more than 20% of the joint owners of the owners' meeting proposed the establishment of a written request to the street, the town, and have been delivered to meet the property construction area of property management area the early development of the construction area or part of the construction area of more than 50%, the first set of houses for sale or delivery of more than two years, delivered the construction area has reached more than 30% of the property management area of total construction area.
Professor of Beijing Normal University, Zhuhai College of white non-legal and administrative believe that the draft >> << first established requirements for the owners of the General Assembly, stricter than the Ministry of Construction << owners and owners Commission guidance and rules >> << Guangdong Province Property management Ordinance >> requirements.
According to her, << >> Property Management Regulations of Guangdong Province provides more than 20% of the owners can set up jointly by the owners of the General Assembly a written request had been delivered to property construction area of property management area construction area of more than 50%, owners can also He proposed the establishment of the owners of the General Assembly a written request.
'That is the province of the provisions that they meet one of the conditions can be, and Zhuhai >> << draft regulations is 20% of the joint owners of the owners of the General Assembly to convene a necessary condition for the establishment of the threshold would therefore improve.' Non-White said.
2. The focus of the preparatory group of representatives of industry, the Commission can not enter?
<< >> Provisions of the draft, the industry committee preparatory team is led by street, town served as the representative of the preparatory group of owners representatives to joint recommendation. Owners Committee and recommend candidates for the owners use the street, town recommended a combination of ways. At the same time preparatory group of representatives of the owners can not be recommended as a candidate member of the owners' committee.
Zhuhai Municipal People's Congress Legal Adviser, Guangdong Desai Law Firm Wangxian Dong believes that between the owners not familiar with each other, under the inadequate understanding of the situation, from the street, the town served as the representative of the preparatory group leader, help organize the majority of the owners, and as soon as possible up owners Committee.
'The Town, in the street as the representative of the head of the preparatory period, is easy to find the owners organized management, public-spirited, it is recommended that members of the industry, the Commission has a certain credibility that a good mind.' Wangxian Dong said. But he also pointed out that, regulations mandatory preparatory team is led by street, town representatives as with a strong administrative color, is not conducive to promoting community autonomy, therefore, could suggest held by street, town representatives, but is not mandatory.
Golden Gardens owner Wang Tian is not recognized by the street, the town served as the representative of the head of the preparatory states that 'street, town representatives how to generate? How supervised? If street, the situation is not as a representative of the town how to solve? These issues need to be considered the preparatory group on behalf of the owners can not be recommended as a candidate member of the owners' committee this provision is reasonable, to avoid cross-interests, to avoid the situation when both judge and athletes. '
But friends 'love, such as air,' that the preparatory group of the representatives of the owners, are often public-spirited, and some attention to the relevant laws and regulations, understanding of households' members to the preparatory group of owners Industry Authority in favor of cell autonomy, not It should be prohibited. '
3. Focus fails to pay property management fees Why incorporate personal credit?
<< Draft >> pointed out that the failure to pay property management fees, property owners special maintenance funds and the associated cost-sharing or non-owners to use people, city and district authorities relevant information shall be publicized in accordance with law and incorporated into the personal credit information system .
Netizen 'Son to slightly' questioned, he considered not pay property charges more complex and diverse reasons, not simply to not pay their property costs included in the personal credit information system. At the same time, the draft >> << explain the situation to justify excluding arrears , but it did not specify which department is responsible for defining the specific justification for what has yet to be covered explicitly.
Wu Huan people think, in reality, part of the case management slack loose after the property company property management fees charged at the owners lack of channels for complaints to safeguard their rights, the stop pay property management fees as the only means of natural rights of the owners, this provision allows rights owners to be in a worse situation.
White non-pointed, the integrity of both sides, the owners request, it should be bound by acts of bad faith enterprise. 'Although the owners should not be refused to pay property charges against the property the way the company does not act, but in practice does have legitimate interests of owners lack of effective remedy, helpless to take this approach. 'she proposed rulemaking should be noted that the principle of fairness, integrity and clear obligation to the property company, and may provide for the payment by the property services business performance bond to ensure that the property services companies abide by contract, honest business.
4. Focus of parking spaces 'for sale' 'rent' how to balance?
In recent years, around the parking spaces, residential property owners and property companies, between the development and construction unit had some dispute cases, such as part of the development and construction units parking only sell but do not want to rent to the owners, the owners do not want to cause inconvenience to buy a car parking , to a certain extent, resulting in a 'hard stop' phenomenon.
<< >> Draft proposed construction division, the planning for the parking of car parking spaces, garage owners should first meet the needs of its ownership by the parties through the sale, or leasing, and other manner agreed upon. The construction unit is not sold or not attached gifts spaces, garage, priority should be leased to the region owner. owner requires tenant parking garage, the construction unit shall only sell, not rent. At the same time, every owner can rent a parking space or garage.
Wangxian Dong pointed out that the draft >> << not only requires the construction unit shall only sell, not rent, and to give priority to the region to meet the needs of the owners, will help alleviate parking problems caused by the dispute, and he recommends a balanced construction units and owners of both interests, the construction unit can be specified at the time of the real estate sale, sale or rental of publicity should also be proportional manner and parking spaces, leaving the choice to the two sides.
'Love such as air' identity is necessary to rent a parking space per household limit. 'Parking garage as supporting residential building is to be used, rather than investment purposes. Household provisions of a parking space may slow as investors caused by tight parking spaces problem. 'he suggested that, under the premise of protecting the household rent a parking space, the other by the property and construction units decide to rent or sell to both sides relatively fair.
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