What about a general election in a residential area in Xi 'an, such as a confrontation between the two armies?

There are two exhibition boards in the square at the entrance of Xi 'an Qiaorong Xinyuan Community. The two exhibition boards are only ten meters apart, and the content is tense, such as the confrontation between the two armies. ...

The two exhibition boards are black letters on a white background, more than three meters high and six or seven meters wide. They are standing in the square at the gate of Xinyuan Community in Qiao Rong, Xi City.

The red headline is printed on the upper left of the exhibition board, so you can see clearly what it is written from a distance. One is the Announcement of the Resolution of the Owners' Congress, and the other is the Public Statement of the Residential Property Company on the Resolution of the Owners' Congress.

The two panels tell the story of the same community, but they are two completely different versions.

In the version of the industry committee, this is a large-scale voting in 20 17 129 to 20 18129,12 years, which is the "victory" of a protracted tug-of-war-"No more"

In the version of the property management company, this is a farce of "serious violation of laws and regulations and unsupervised process". For the voting results of this owners' meeting, the decision of the property company is: "Do not recognize, do not accept, do not implement!"

The two exhibition boards are only a dozen meters apart, and the content is tense, such as the confrontation between the two armies. On the open space in the middle of the exhibition board, residents in the community sit or stand, playing cards and chatting.

Occasionally, someone looks up at two exhibition boards and makes a few comments, with a dull tone, as if talking about other people's irrelevant things.

On 20 16, the owner of the residential area responded to the property selection and pulled many banners to promote Liu Xiaoyun. Image source: Xi' an Anxin Wenwang infringement deletion

"In the United States, changing a property is more difficult than changing a president."

Qiao Rong Xinyuan Community is a huge community in Xi 'an, with 688 1 owner and 5 1 building living on 432 mu of land. Whether the property company can be changed depends on the voting results of more than 6,000 households.

Zhao Qing, a former Chinese teacher, said: "In the United States, it is more difficult to change a real estate than to change a president!"

When Zhao Qing mentioned the word "property", her voice was eight degrees higher: "Everyone should drive the owners out of their homes!"

According to Zhang Miao, a member of the owners' committee, the early property of Qiao Rong Xinyuan was the developer Qiao Rong Group. Around 20 10, the current real estate in Hui Jin began to take over. Since then, there have been more and more contradictions between owners and property.

On 20 14, some owners held banners to boycott the construction of three-dimensional parking garage next to the south gate of the community. In July of the same year, five households in Building No.26 were stolen, with a loss of nearly 10,000 yuan, and even "the watermelon in the refrigerator was taken away by thieves". The property apologized for this and promised to "install cameras in the lobby and elevator on the first floor". Every winter, owners complain about heating problems, in addition to the basement water, fire hydrant water pressure problems and so on.

Someone once posted in an online forum in Xi 'an, expressing dissatisfaction with the square dance in the central pedestrian street of the community. The industry Committee believes that what is hidden behind the square dance problem is actually the problem that the owner's public space is rented by the property as a shop.

For these countless problems, Zhang Miao once refused to pay property fees. He was therefore taken to court by the property management company and paid the fee through mediation. Now, Zhang Miao also admitted that he was "unreasonable". After studying the Property Law, Property Management Regulations and other relevant laws and regulations, he has a "more rational" view on how to safeguard the rights and interests of owners.

"The focus of this matter is that the owner wants to choose a property, which is a business relationship and an employment relationship. It's not that the property is going to go bad. The owner can change to a more cost-effective one, shop around and choose a better one. " Zhang Miao said.

"I wanted to retire here at that time," a 70-year-old owner told China Youth Daily and Zhongqing Online reporter. "But now, if Hui Jin Real Estate doesn't leave, I will leave."

This is one of the earliest owners. In 2007, he chose this property which was advertised as a "park-style community".

In the past ten years, the house price of Qiaorong Xinyuan has nearly doubled, and now it is about/kloc-0.5 million yuan per square meter. Its property fee is also higher than other communities. Most of the property fees in surrounding communities are 1.2 yuan per square meter, while the property fees in Qiaorong Xinyuan are 1.5 yuan.

The owner still remembers that when he first moved in, the property fee was 1.2 yuan, which rose to the present price about three years ago. Many owners, including him, have expressed their dissatisfaction with the price increase.

When the reporter visited Qiao Rong Xinyuan, some owners felt that the service of the property was "ok", while others expressed dissatisfaction with security, vehicle occupation or heating. In the mouth of several real estate agents nearby, Hui Jin real estate is "good nearby" and "not as bad as it is said outside".

An owner directly told the property and industry Committee that "no one can be trusted" and "it is for the benefit".

2065438+June 2006, the Hui Jin property contract expired, whether to renew it became a matter decided by the owners' meeting.

Thus, a confrontation that lasted for a year and a half began.

Voting is like a spy war: on the way to the counting place, the ballot boxes are disguised as black bags.

In the confrontation, limerick played a unique role.

With the theme of property selection, Qiao Rong Xin Yuan Yi has held two owners' meetings since 20 16.

The first owners' meeting lasted from August to September, 20 16, but the voting failed to reach the "double half" of the number of owners and the exclusive area, and the final result was invalid. During that voting period, public areas such as elevators, entrance doors and pedestrian streets in the community were once covered with lime.

"The neighborhood is chaotic recently. Some people want to change their property. The whole community was paralyzed, and house prices fell by more than half. The garbage pile is like a mountain, and finally the owner pays the bill. " This is the attitude of one side.

"Why do you want to change the property? Because the property is really bad, just collect money and do nothing. The car was in chaos, thieves flooded and the heating leaked all over the beach. If you don't change the property, the community will really die. " This is the attitude of the other party.

15 building owner voted for Hui Jin real estate for the first time. However, he found that after the confrontation between the property and the industry Committee, "the level of property service plummeted." He stood next to the landscape that used to be a "small bridge with flowing water" in the community and told reporters about the theft in the community in recent years. The pool next to it is only muddy now. In the recent vote, the property management company lost the election.

20 171October 29th to 20 181October 29th held the second owners' meeting. The voting process made the members of the industry Committee "overwhelmed". Since the beginning of 2065438+2007, Building 5 1 has established its own owner's WeChat group, and almost every building has elected the owner or owner's representative.

At the suggestion of the local street office, the industry Committee decided to conduct public bidding for the property company. In the end, besides Hui Jin Property, there are two other property companies.

The staff in charge of the ballot box began to "sweep the building" in pairs and distributed votes door to door. There are a large number of households in the community, some owners have rented houses, and some owners are often not at home. For owners who don't live in the community, the industry Committee has to contact by phone or text message, asking them to come back and vote or entrust others to vote on their behalf.

Members of the industry Committee feel that it is far more difficult to hold a general meeting of owners in a large community like Qiao Rongxinyuan.

In the past six months, all the light boxes and bulletin boards in the public area of the community have become the battlefields of public opinion on both sides. The property posted "Ten Questions for the Owners' Committee", and the Industry Committee also posted "Public Response". Industry Committee accused a "property instigating mass incidents", and the property countered that "there are traps in the contract, and the owners should be vigilant". "Campaign" also extends to the virtual space. In their official WeChat accounts, almost all the contents in the past six months are questioning each other.

"WeChat official accounts, property management companies, and few services are all questioning the industry Committee. Is this a joke in the industry? " Members of the industry Committee said in the discussion.

Regarding this vote, the staff of Hui Jin Property asked the reporters who came to interview to leave immediately and refused to answer any questions.

The property's doubts about the accounts of the industry Committee were also posted on the bulletin board. In Qiao Rong Xinyuan, according to the original contract, the industry Committee is responsible for managing 70% of the public benefits such as elevator advertising space in the community, and the remaining 30% is handed over to the property. The 30% has not been paid to the property in full due to disputes over the property management by the industry committee.

Soon after, an audit report was posted, "You can consult the owner, the property and the street office at any time". Auditing the income of * * * needs the approval of the owners' meeting, and the procedure is very slow. Members of the Committee pay their own money and share the expenses, and entrust an accounting firm to audit the financial revenue and expenditure of the Committee at their own expense.

This war between you and me lasted until the invoice date of 20 18 1.02, and there was still no intention of a ceasefire.

One member compared the whole process to "spy war". In order to ensure safety, they rented the conference room of a local hotel to issue invoices. On the way to the counting place, the ballot boxes were disguised in black bags to prevent people from robbing them. In fact, four or five people of unknown origin did appear at the scene, questioning and denying the billing process.

65438+ 10/3, Qiao Rongxinyuan Industry Committee announced the voting results, and announced that it would not renew the employment of Hui Jin Property and hired Vanke Property to provide property services free of charge. The total number of owners is 688 1, with a total voting area of 776,400 square meters. A total of 4,537 owners participated in the voting, and the corresponding voting area was 508,500 square meters. "The number of owners who voted and the corresponding voting area all exceeded 50% of the corresponding voting rights. This meeting is legal and effective. "

But two days later, Hui Jin Real Estate released another set of figures. That's the "Solicitation Opinion on Renewing Qiao Rong Xinyuan Property Service Contract" issued by the property management. Hui Jin Property said that it withdrew 4,894 votes, "agreed to renew the employment of Hui Jin Property" 3,989 votes, disagreed to renew the employment of 606 votes and abstained from 299 votes. The consent accounts for 8 1.5 1% of the valid votes, accounting for 57.97% of the total number of households in the community, covering an area of 462,300 square meters, accounting for 82.88% of the valid votes.

Hui Jin Property's statement also pointed out that the procedure of the owners' meeting was "seriously illegal" and exceeded the prescribed time limit. In the process of collecting tickets, some owners voted by phone and SMS, and their credibility was in doubt.

The industry committee's response to this is that from the time span to the voting method, it is carried out in strict accordance with the Property Law, the Property Management Regulations and other relevant laws and regulations. Article 22 of Xi Property Management Regulations stipulates that "real-name voting can also be conducted through mobile phone messages, emails and other means on the premise of ensuring the truthfulness and validity of the owner's expression of will".

For these two results, the relevant person in charge of the Electronic City Sub-district Office in Yanta District of Xi City told the reporter that the owners' meeting organized by Qiao Rong Xinyuan Industry Committee did have irregularities in the voting process, including the failure to publicize in detail the temporary staff employed in the late voting period, the failure to publicize the details of the storage of ballot boxes during the voting process, and the irregularities in the process of selecting candidate property companies, with procedural flaws.

The street office said that the street office will not judge the voting results of this owners' meeting. According to the current regulations, the voting result after publicity has legal effect, and Hui Jin real estate needs to be evacuated from Qiaorong Xinyuan within three months.

"The statement of the property is only the behavior of the company," the person in charge explained to the reporter of China Youth Daily and Zhongqing Online. "If the resolution of the owners' meeting is to be rejected, it must be put forward by the owners according to the regulations, and the property company does not have this qualification. "

According to the Xi Property Management Regulations, if the owners think that the decisions made by the owners' meeting and the owners' committee violate the provisions of laws and regulations, they may submit a written application for cancellation to the sub-district office.

After the voting results were announced, some owners received calls from Hui Jin Property. A car owner announced a total recall.

"Some owners told the property that there was no government intervention and they did not recognize it. The property now organizes everyone to go to government departments to petition. Petition to the street office and neighborhood Committee, demanding re-election. " On the phone, the property staff said.

"Is voting a necessary condition for government intervention?" Asked the shopkeeper.

"It is reasonable and legal to have government intervention according to regulations."

"What are the specific provisions, have a legal basis? For example, do laws and regulations such as property management regulations require government intervention? " The shopkeeper asked again.

"There is no law, it depends on whether you agree or not to petition the government for intervention. If you don't agree, I won't register. "

The owner's final answer is: "the community has an industry Committee. Why are you petitioning? The property is a service provider, just do it well. "

The problem between the property and the owner is actually a question of "who moved whose cheese"

In the bidding of the property management company, Qiao Rongxin Garden Industry Committee wrote two points in the contract: "contract gratuity system" and "account management". This inspiration comes from another community in Xi 'an, Xinqing Yayuan.

Zhou Hongbin, director of the New Qingyayuan Industry Committee, often receives representatives of industry committees or owners from other communities to learn from them. A case that made this community famous was that in 20 17, the developer asked the Xinqing Yayuan Industry Committee to pay the compensation of1920,000 yuan for the long-term occupation of the property service building, but in the end, the industry Committee won the case in court.

"It is the first case in China that the development and construction unit asks all the owners for the construction fee of the property service room. But in fact, when buying a house, the owner has paid the pool area fee and the community supporting public construction fee in one lump sum. This is the cost that the developer originally included in the cost, and the property rights of the supporting public buildings in the community belong to all owners. " Zhou Hongbin told reporters.

In her view, the real contradiction between owners and developers lies in the dispute over the ownership of community public interests. "When the developer sells all the houses to the owners, the real' investors' in the community are already all owners, including parking fees and advertising fees in public areas, which are also owned by all owners, not developers, and certainly not property. The property is only hired to provide services. "

This is a question of "who moved whose cheese". "The property thinks the cheese is theirs, but in fact the cheese should belong to all owners." Zhang Miao said.

2065438+65438 2007+6543810 +0, the new "Xi Property Management Regulations" was implemented. 1 65438+1October1The new "Guiding Rules for Owners' Committees of Xi 'an Owners' Congress" was implemented, which was specially used to solve the problem of the establishment of industry committees. Supporting policies are also being formulated.

In Zhou Hongbin's words, the policy is constantly improving, and the relationship between new buildings and owners will one day be promoted throughout the country. She often mentions the example of Wuxi Chunjiang Garden to other colleagues.

It is also a big community. Since June 2008, the owners' congress passed the motion of "smooth transition and autonomy" and began to implement owners' autonomy. At that time, the annual property fee paid by the owners was about 3 million yuan, while the annual public income of the community was about 2.4 million yuan. This income, which should have belonged to all owners, was defaulted by the property as the due management fee.

Finally, Chunjiang Garden Industry Committee set up its own property management office, hired property management personnel and started the owner's self-management in the community. Originally withheld by the property management company, all the public income was used for the construction and beautification of the community.

Xinqing Yayuan is also the first community in Xi 'an to introduce the property fee system, so that industry committees and property management companies can manage accounts. Starting from 20 17, Xinqing Yayuan will provide the accrued management fee to the property management company at the annual interest rate of 6% ~ 12% of the actual property fee.

After the voting results of Qiaorong Xinyuan owners were announced, Hui Jin Property specifically mentioned the contract gratuity system in its response statement: "How many owners really understand the contract gratuity system, not to mention the contract gratuity system under the' account management' with few precedents. The above system has almost no successful experience in Xi. Qiao Rong Xinyuan Community is huge, and the consequences of using the community as a test field are not affordable for the majority of owners. "

Regarding the property statement, Zhang Miao's attitude is only one sentence: "It has no legal effect."