In Gu Yue Garden Community, Haidian District, Malianwa Sub-district Office appointed a property company to be stationed in "emergency" after the property was suddenly evacuated in early 2015. According to the regulations, the emergency usually does not exceed 3 months, but the emergency service of the property has been more than 3 years. In the meantime, the community has held three owners’ meetings, elected industry committees and hired new properties, but the new property company has not been able to enter.
What is the difficulty in replacing the property company? Why is the community caught in an "emergency" dilemma? The Beijing Daily reporter conducted an in-depth investigation.
Sudden evacuation of the previous property
The community began to fall into the "emergency" dilemma
Gu Yue Garden is located on the north side of Tianxiu Road, surrounded by Yuanmingyuan, Summer Palace and Baiwang Mountain on the east, south and west sides. It is a commercial housing community covering an area of more than 150,000 square meters, with more than 20 residential buildings and more than 700 owners. There is a 5,000-square-meter wide lake in the community. The owners keep koi fish in the lake, and there are wild ducks flying to rest, rippling blue waves, vines, rocks, flowers and trees dotted in the garden, plus two underground three-dimensional garages, and people and cars are diverted. The whole community is neat and warm.
But this scene has become the memory of the owners. The incident occurred on November 10, 2015, and the early property of the community suddenly announced its withdrawal. Subsequently, Malianwa Sub-district Office appointed Beijing Longcheng Xingye Property Management Co., Ltd. (hereinafter referred to as Longcheng Xingye) to enter the community to provide "emergency" services for the owners.
The Administrative Measures for the Handover of Property Projects in Beijing stipulates that emergency services are limited to basic services such as garbage removal, water supply, elevator operation and order maintenance, and the period generally does not exceed 3 months.
Under the "emergency" service, the residential environment is getting worse and worse, and there are more and more problems in property services. Owners reported that the lake was put late, less and muddy. "In the past two years, the lake has become everyone’s heart disease, and no wild ducks have flown." The road began to break down, the vines collapsed, the lawn was covered with weeds, and the underground garage, which had been running well, was never used again with the departure of the previous property. Gradually, the facilities in the underground garage were damaged, but the motor vehicles were densely parked on the fire escape.
"Fire control facilities are completely paralyzed. The fire detector in the corridor, the smoke alarm system at home and the ambulance system failed, no one was on duty in the central control room, the access control was broken for more than a year, the elevator was always jammed, and some stopped for months. " Mr. Liu, the owner who stayed in the community in 2002, also reflected that the owners had to organize themselves to water flowers and trees. "How beautiful Gu Yue Garden was before, how bad it is now."
Owners’ meeting selects new property.
The emergency property refused to withdraw.
Emergency service can only solve the basic problems, and it only lasts for three months, so the owners want to hire a property company for themselves. "At that time, everyone’s idea was very simple, that is, they wanted to hire a legal and compliant property company." Owner Mr. Li said.
From January 23rd to January 30th, 2016, Gu Yue Garden held an owners’ meeting to elect an industry committee. On March 21, 2016, the industry Committee filed a record in Malianwa Sub-district Office.
Hiring a new property has become a top priority for the industry Committee. From June 8 th to June 12 th, 2016, the industry Committee started the second owners’ meeting, convened all the owners of the community, decided to terminate the emergency property service, and voted for a new property. In this competition, Beijing Ruiying Hotel Property Management Co., Ltd. (hereinafter referred to as Ruiying) won from 9 property companies. The reporter learned that the emergency property Longcheng Xingye also participated in the competition.
From September 9 to September 25, 2016, Gu Yue Garden held the third owners’ meeting, and the owners voted whether to entrust Ruiying as a new property. After a series of ticket checking, monitoring, singing and counting, the results show that the number of voters accounts for 74.79% of the total number of owners, corresponding to the exclusive area of 99,368.98 square meters, accounting for 63.95% of the total area of the building. The number of voters and the exclusive area achieved "double half", and Rui won 531 votes, thus winning the selection of new property in Gu Yue Garden. The industry Committee also invited the staff of the third-party Beijing First Owners’ Congress Work Counseling Center to be present to witness the ticket inspection process. "The whole process has videos, and all the votes are sealed according to regulations." Xu Hongliang, director of the community industry Committee, said.
On October 16, 2016, the Industry Committee signed a property service contract with Ruiying for a period of three years, and implemented the third-class property service standard of Beijing local standards. But in fact, due to the refusal of Longcheng Xingye to withdraw, Ruiying has not been stationed so far, and the service contract is still a dead letter.
The street office questioned the decision of the owners’ meeting
Industry Committee seeks various ways to solve difficulties.
The community was caught in an "emergency" dilemma, and the Gu Yue Garden Industry Committee turned to many administrative departments, the National People’s Congress and the Haidian District Commission for Discipline Inspection for help.
Malianwa Sub-district Office disagreed with the resolutions of the second and third owners’ meeting of Gu Yue Garden. A person in charge of wang xing, a street office, thinks that according to the Rules of Procedure for Owners’ Congress, an interim meeting of the owners’ congress can only be held at the suggestion of more than 20% of the owners, but the industry committee has not started this procedure. The street office also sent a letter to all the owners, saying that the industry Committee violated the relevant regulations and the organization was not standardized, and the resolution of the owners’ meeting should be corrected or revoked within a time limit.
In this regard, the industry Committee believes that matters involving the common interests of all owners need to be dealt with in a timely manner, and the industry Committee has the right to convene an interim meeting of the owners’ meeting. "This is also clearly stipulated in the Rules of Procedure for the Owners’ Meeting in the community." The owner Mr. Zhang said.
The resolution of the third owners’ meeting was also questioned by Malianwa Sub-district Office. Malianwa Sub-district Office refused to recognize the relevant decisions and authorization made by the owners’ meeting on the grounds that the industry committee temporarily changed the meeting place, which made it impossible for the sub-district office and neighborhood committee to guide and supervise on the spot.
In this regard, the industry Committee said that because the votes of all owners were kept in the ballot box, the venue of the meeting was temporarily changed in order to properly protect the voting results of all owners and avoid unexpected accidents. "The meeting is scheduled to be held at 3 pm on September 25, 2016. We contacted the heads of the street office and neighborhood committees and drove to pick it up, but a person in charge of the Malianwa street office said that Director Wang of the street office could not go because of something. Director Chen of the Gu Yue Garden Neighborhood Committee also said that Director Wang would not let her participate. " Mr. Yang, a member of the industry committee, said.
Malianwa Sub-district Office sent a letter asking the industry committee to submit the owners’ meeting and the results of counting votes, but it was opposed by the industry committee. Members of the first industry Committee said that according to the relevant laws and regulations, the street office has no right to view the votes of the owners.
Articles 25 and 26 of the Measures for the Administration of Property Project Handover in Beijing stipulate that the municipal and district housing administrative departments may deal with the property service enterprises and related responsible persons in accordance with the relevant provisions on credit information management and property service project management of the property service enterprises and project leaders. According to this, the industry Committee reported to Haidian District Housing Authority and requested it to punish Longcheng Xingye. However, Haidian District Housing Authority rejected the report of the industry committee on the grounds that Malianwa Sub-district Office refused to recognize the resolutions of the two owners’ meetings.
The industry Committee then reported to the relevant departments of the Beijing Municipal Commission of Housing and Urban-Rural Development, and the same result was obtained.
In order to break the dilemma of emergency property evacuation, more than 500 owners of Gu Yue Garden jointly reported to the Supervision Committee of Haidian District Commission for Discipline Inspection. Relevant materials show that the Supervision Committee of Haidian District Commission for Discipline Inspection replied that, as the supervision and guidance department for the work of the industry committee, Malianwa Sub-district Office sent a notice letter to all owners of Gu Yue Garden without sufficient investigation and verification, and made a decision not to support and recognize the temporary owners’ meeting of Gu Yue Garden Community, which caused adverse social impact. The Supervision Committee of the Haidian District Commission for Discipline Inspection believes that the Haidian District Housing Authority has failed to supervise emergency property services and has not actively promoted property handover.
Industry Committee sued emergency property
Currently awaiting retrial by the court.
After two years and four months of confrontation, after the intervention of various forces such as administration, people’s congress, discipline inspection and supervision, Longcheng Xingye still provides "emergency" services in the community.
The settlement of the incident finally took the legal path. The Industry Committee appealed to Haidian Court to order Longcheng Xingye to evacuate and return the relevant planning, permits, buildings and construction materials of the community. On March 30, 2018, Haidian Court ruled that Longcheng Xingye was evacuated and handed over relevant materials to the industry committee.
Longcheng Xingye, which lost in the first instance, appealed. Longcheng Xingye believes that Gu Yue Garden is not an independent property management area, and it should belong to the same property area as Lotus Pond Moon House, Anhe Garden and Chengxiu Garden, on the basis that Gu Yue Garden has no independent facilities such as water supply, power supply and property rooms.
"The emergence of the industry Committee is based on the premise of an independent property area." Xu Hongliang said that the industry Committee was elected by all owners and put on record. "The promotion of these procedures is based on the premise that Gu Yue Park is an independent property management area."
In order to confirm this matter, the industry Committee provided a series of documents such as planning, construction and property service contracts to reporters. They believe that these materials have approved the use, management and maintenance of houses in Gu Yue Garden, and determined the scope of the community, as well as the elevator, water supply, power distribution system and property management rooms. "These approved contents are consistent with the actual situation of Gu Yue Garden at present."
The reporter learned from the scene that there are Lotus Pond Moon House and Anhe Garden on the south side of Tianxiu Road from east to west, while Gu Yue Garden and Chengxiu Garden are on the north side. Among them, because Gu Yue Garden is a commercial housing community and Grade A residence, the property fee is higher than that of the lotus pond moon house of ordinary commercial housing, while most of Anheyuan and Chengxiu Garden are resettlement houses, so the property fee is lower. The nature of property rights and ownership relations are complex, which also leads to differences in interests and demands between communities and owners to a certain extent.
On the afternoon of February 13th, the reporter came to Malianwa Sub-district Office, hoping to interview and learn about the solution of the emergency service dilemma in Gu Yue Garden, but the relevant person in charge refused the reporter’s interview on the grounds of inconvenience.
At present, the Beijing No.1 Intermediate People’s Court has ruled that the case should be retried by Haidian Court on the grounds that it is necessary to find out whether Gu Yue Garden has the conditions to implement independent property management.
At present, all parties are waiting for the fair judgment of the law.
Reporter’s notes
Act according to law and realize community autonomy
Gu Yue Garden is caught in the dilemma of emergency service. This incident involves many entanglements between the industry committee, the developer, the emergency property and the newly hired property company, and also involves many departments such as street, housing management, housing construction committee, discipline inspection and supervision. Forces from all sides, like swans and crabs pulling carts, have their own strengths, but they have been unable to solve the problem of emergency property companies withdrawing for a long time.
There is no winner in this dilemma so far. It is difficult to carry out many tasks of the industry Committee, and the newly hired property service contract is empty, and the majority of owners can only get basic services. Due to the paralysis of fire-fighting facilities in the community, developers who have handed over property services for more than 10 years have to spend 800,000 yuan to repair fire-fighting facilities. Longcheng Xingye, an emergency property company, also repeatedly shouted, "We are not withdrawing, but it is difficult to withdraw." The person in charge of the property company said that in the past two years or so, due to the refusal of most owners to pay property fees, emergency services have caused the property company to lose millions of yuan. "We also hope to give a solution."
Shu Kexin, an expert in property management, believes that there are laws to follow in property management in China and Beijing, and a core idea of current laws and regulations is to promote and improve community autonomy. "In this case, if the street office thinks that the resolution of the owners’ meeting is illegal, it is enough to directly exercise the right of cancellation. If the industry committee refuses to accept it, it can also file an administrative lawsuit and sue the street office in court. Everything can be handed over to the law and let the law speak. "
Appeal to all parties and relevant departments to start from the law, the administrative department "can’t do it without authorization" and the owner’s autonomy "can do it without prohibition", so there is hope to break the emergency dilemma of Gu Yue Garden.
Fortunately, the incident has been awaiting retrial in Haidian court, and will eventually be resolved through legal channels. I hope that the just judgment of the law can return warmth and beauty, tranquility and harmony to the owners of Gu Yue Garden, and also to all the communities that are caught in the dilemma of property services like Gu Yue Garden.
Only by proceeding from the law and acting in strict accordance with the law can community autonomy be truly realized.
(The original title is "Gu Yue Garden Community Property" Emergency "for more than 3 years."