Viewpoint | From the perspective of property service people to see the "Jinan City Property Management Regulations" provisions of the principles of community autonomy management.
Published:
2022-04-18
The Standing Committee of Jinan Municipal People's Congress just issued the "Jinan City Property Management Regulations" (hereinafter referred to as the regulations) on March 30, 2022, which will come into force on May 1, 2022. As the saying goes, every family has a difficult book to read. A residential community is composed of every household, especially in the autonomous management and property services of the community, it is difficult to read and do things. The regulations promulgated this time set out "rules" for the autonomous management of the community, and gave a solution to the contradiction between the property service person and the owner. While setting new regulations and breaking difficult problems, property service providers should pay more attention to the provisions of the regulations on community management regulations and rules of procedure of the owners' assembly, so as to avoid omissions in the community management regulations and rules of procedure of the owners' assembly, which will affect the signing of property service contracts and generate business risks for property service providers. The principle of autonomous management of 1. communities should be reflected in the rules of procedure for the decisions of the owners' assembly and need not be regulated in the interim management statute or management statute. Paragraph 6 of Article 22 of the regulations stipulates that whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted shall be stipulated by the temporary management statute or the management statute. The author believes that there are the following problems: Statistics on the number of (I) voting rights are not matters stipulated in the interim management statute or management statute. According to Article 17 of the State Council's "Property Management Regulations", "The management regulations shall have an impact on the use, maintenance and management of the property concerned, the common interests of the owners, and the obligations that the owners shall perform, the responsibilities and other matters that should be undertaken in violation of the management regulations shall be agreed in accordance with the law", Article 18 "The rules of procedure of the owners' meeting shall stipulate the discussion methods, voting procedures, the composition of the owners' committee and the term of office of the members of the owners' meeting" and Article 22 "The construction unit shall formulate temporary management regulations before selling the property to use, maintain and manage the property and the common interests of the owners, the obligations that the owners should perform, the responsibilities that should be assumed in violation of the provisional management statute and other matters shall be agreed upon in accordance with the law, and whether the voting rights are included in the majority of the votes that have been voted shall fall within the scope of the adjustment of the rules of procedure of the owners' meeting, rather than by the provisional management statute or the management statute. At the same time, the "Property Management Regulations" did not make corresponding provisions on "voting rights statistics. The (II) is inconsistent with the "Guiding Rules for Owners' Assembly and Owners' Committee" issued by the Ministry of Housing and Urban-Rural Development [2009] No. 274. The second paragraph of Article 26 of the "Guiding Rules for the Owners' Assembly and the Owners' Committee" stipulates that "Whether the voting rights of the owners who have not participated in the voting can be included in the majority of the voted votes shall be stipulated by the management regulations or the rules of procedure of the owners' assembly." This is obviously a general clause, but it is still valid at present and does not violate the State Council's "Property Management Regulations." The (III) "Shandong Province Property Management Regulations" was revised on December 3, 2021, and directly deleted the provisions on voting rights statistics. The second paragraph of Article 34 of the original "Shandong Province Property Management Regulations" implemented on May 1, 2009 once stipulated that "whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted shall be stipulated by the management statute or the temporary management statute". However, after the regulation was revised on December 3, 2021, it directly deleted "whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted, provided for by the Management Statute or the Interim Management Statute". (IV) of whether to provide for "voting rights statistics", the practice varies from place to place, but there is no provision for "by the interim management statute or management statute". Article 278 of the Civil Code clearly stipulates the legal proportion of owners' participation in voting on matters decided jointly, and does not stipulate the statistics of voting rights. Compared with the property management regulations in Beijing, Shanghai, Guangzhou, Shenzhen and other places, there is no provision for voting rights statistics. Regarding the provisions of voting rights statistics, the author believes that its role is to ensure the smooth progress of the voting procedures of the owners' meeting, and to prevent the occurrence of matters that must be voted by the owners' meeting but do not reach the statutory voting ratio, and fall into a long-term dilemma, which harms the owners. rights and interests. However, it is also clear that it is necessary for localities to take into account local conditions and to be regulated in detail by local regulations. In summary, the author believes that appropriate additions and adjustments should be made to improve the regulations: 1. In order to ensure that the Jinan property Management regulations comply with the relevant provisions of the the People's Republic of China Civil Code, the property Management regulations, the guiding rules of the owners' Congress and the owners' Committee and the property Management regulations of Shandong Province, it is suggested that the sixth paragraph of Article 22 of the regulations be amended as follows: if the meeting of the owners' assembly involves matters jointly decided by the owners, the voting votes shall be delivered to each owner. The voting shall be conducted in accordance with the provisions of Articles 18, 19 and 20 of these Regulations. Whether the voting rights of the owners who do not participate in the voting shall be included in the majority of votes voted shall be stipulated by the rules of procedure of the owners' meeting. 2. For residential communities that have not established a general meeting of owners, the property service providers in the early stage strengthened their contacts with sub-district offices, neighborhood committees, and construction units, and put forward reasonable suggestions for the draft temporary management regulations of the community and the draft rules of procedure of the general meeting of owners of the community, and added "voting rights" "Statistics" clause. 3, for the establishment of the owners' meeting of the residential community, see the selected property service personnel should focus on understanding the community management regulations and the rules of procedure of the owners' meeting. For those who do not agree on the "voting rights statistics" clause, put forward reasonable suggestions to the owners' committee, increase the topic content of the owners' meeting, improve the rules of procedure of the owners' meeting "voting rights statistics", and vote whether to agree with the property service provider to provide services to the community.
The Standing Committee of Jinan Municipal People's Congress just issued the "Jinan City Property Management Regulations" (hereinafter referred to as the regulations) on March 30, 2022, which will come into force on May 1, 2022. As the saying goes, every family has a difficult book to read. A residential community is composed of every household, especially in the autonomous management and property services of the community, it is difficult to read and do things. The regulations promulgated this time set out "rules" for the autonomous management of the community, and gave a solution to the contradiction between the property service person and the owner. While setting new regulations and breaking difficult problems, property service providers should pay more attention to the provisions of the regulations on community management regulations and rules of procedure of the owners' assembly, so as to avoid omissions in the community management regulations and rules of procedure of the owners' assembly, which will affect the signing of property service contracts and generate business risks for property service providers.
The principle of autonomous management of 1. communities should be reflected in the rules of procedure for the decisions of the owners' assembly and need not be regulated in the interim management statute or management statute.
Paragraph 6 of Article 22 of the regulations stipulates that whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted shall be stipulated by the temporary management statute or the management statute. The author believes that there are the following problems:
Statistics on the number of (I) voting rights are not matters stipulated in the interim management statute or management statute.
According to Article 17 of the State Council's "Property Management Regulations", "The management regulations shall have an impact on the use, maintenance and management of the property concerned, the common interests of the owners, and the obligations that the owners shall perform, the responsibilities and other matters that should be undertaken in violation of the management regulations shall be agreed in accordance with the law", Article 18 "The rules of procedure of the owners' meeting shall stipulate the discussion methods, voting procedures, the composition of the owners' committee and the term of office of the members of the owners' meeting" and Article 22 "The construction unit shall formulate temporary management regulations before selling the property to use, maintain and manage the property and the common interests of the owners, the obligations that the owners should perform, the responsibilities that should be assumed in violation of the provisional management statute and other matters shall be agreed upon in accordance with the law, and whether the voting rights are included in the majority of the votes that have been voted shall fall within the scope of the adjustment of the rules of procedure of the owners' meeting, rather than by the provisional management statute or the management statute. At the same time, the "Property Management Regulations" did not make corresponding provisions on "voting rights statistics.
The (II) is inconsistent with the "Guiding Rules for Owners' Assembly and Owners' Committee" issued by the Ministry of Housing and Urban-Rural Development [2009] No. 274.
The second paragraph of Article 26 of the "Guiding Rules for the Owners' Assembly and the Owners' Committee" stipulates that "Whether the voting rights of the owners who have not participated in the voting can be included in the majority of the voted votes shall be stipulated by the management regulations or the rules of procedure of the owners' assembly." This is obviously a general clause, but it is still valid at present and does not violate the State Council's "Property Management Regulations."
The (III) "Shandong Province Property Management Regulations" was revised on December 3, 2021, and directly deleted the provisions on voting rights statistics.
The second paragraph of Article 34 of the original "Shandong Province Property Management Regulations" implemented on May 1, 2009 once stipulated that "whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted shall be stipulated by the management statute or the temporary management statute". However, after the regulation was revised on December 3, 2021, it directly deleted "whether the voting rights of owners who do not participate in voting are included in the majority of votes already voted, provided for by the Management Statute or the Interim Management Statute".
(IV) of whether to provide for "voting rights statistics", the practice varies from place to place, but there is no provision for "by the interim management statute or management statute".
Article 278 of the Civil Code clearly stipulates the legal proportion of owners' participation in voting on matters decided jointly, and does not stipulate the statistics of voting rights. Compared with the property management regulations in Beijing, Shanghai, Guangzhou, Shenzhen and other places, there is no provision for voting rights statistics. Regarding the provisions of voting rights statistics, the author believes that its role is to ensure the smooth progress of the voting procedures of the owners' meeting, and to prevent the occurrence of matters that must be voted by the owners' meeting but do not reach the statutory voting ratio, and fall into a long-term dilemma, which harms the owners. rights and interests. However, it is also clear that it is necessary for localities to take into account local conditions and to be regulated in detail by local regulations.
In summary, the author believes that appropriate additions and adjustments should be made to improve the regulations:
1. In order to ensure that the Jinan Property Management Regulations comply with the relevant provisions of the the People's Republic of China Civil Code, the Property Management Regulations, the Guiding Rules of the Owners' Assembly and the Owners' Committee, and the Property Management Regulations of Shandong Province, clarify the "Temporary Management Regulations" Or the difference between the Management Statute and the Rules of Procedure of the Owners' Assembly,It is proposed that paragraph 6 of Article 22 of the Regulations be amended to read:If the meeting of the owners' assembly involves matters jointly decided by the owners, the voting votes shall be delivered to each owner. The voting shall be conducted in accordance with the provisions of Articles 18, 19 and 20 of these Regulations. Whether the voting rights of the owners who do not participate in the voting shall be included in the majority of votes voted shall be stipulated by the rules of procedure of the owners' meeting.
2. For residential communities that have not established a general meeting of owners, the property service providers in the early stage strengthened their contacts with sub-district offices, neighborhood committees, and construction units, and put forward reasonable suggestions for the draft temporary management regulations of the community and the draft rules of procedure of the general meeting of owners of the community, and added "voting rights" "Statistics" clause.
3, for the establishment of the owners' meeting of the residential community, see the selected property service personnel should focus on understanding the community management regulations and the rules of procedure of the owners' meeting. For those who do not agree on the "voting rights statistics" clause, put forward reasonable suggestions to the owners' committee, increase the topic content of the owners' meeting, improve the rules of procedure of the owners' meeting "voting rights statistics", and vote whether to agree with the property service provider to provide services to the community.
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