Rongqiao Xinyuan district in Xi'an, the entrance to the square stood two panels, the two panels are only a dozen meters apart, the content of the sword, such as the two armies against ......
The two panels are black letters on a white background, more than three meters high, six or seven meters wide, one in front of the other, stood on the plaza at the entrance to the district of the Rongqiao Xinyuan in Xi'an.
Large red headlines are printed on the upper left side of the boards, and you can see clearly what is written from afar. One is the "owners meeting resolution announcement", the other is the neighborhood property company for the owners meeting resolution "public statement".
The two panels tell the story of the same neighborhood, but tell two distinct versions.
In the Board's version, it was a massive vote that lasted from Oct. 29, 2017, to Jan. 12, 2018, a "victory" in a protracted tug-of-war -- a "victory" in the end. "non-renewal of the Golden Glory property."
And in the property company's version, it was a farce of "serious procedural violations and irregularities, and the process was not subject to oversight". The property company's decision on the results of the vote at this owners' meeting is: "Do not recognize, do not accept, do not implement!"
The two panels are just a dozen meters apart, the content of the sword, such as the two armies against each other. On the open space in the middle of the boards, residents of the neighborhood sit or stand, some playing cards, some chatting.
Occasionally, some people raise their heads to look at the two panels and comment on a few sentences, in a flat tone, as if they were talking about something irrelevant in other people's homes.
In 2016, in response to the selection and hiring of property, the owners of the district pulled a number of banners to publicize Liu Xiaoyun Photo Credit: Xi'an News Network Infringement Delete
"It is harder to change a property than to change the president of the United States"
Rongqiao Xiyuan District is a huge community in Xi'an, with 432 acres of land There are 6,881 homeowners living on it, and *** there are 51 buildings. The possibility of replacing the property company depends on the outcome of a vote by more than 6,000 residents.
Zhao Qing, an owner who worked as a language teacher, said, "It's harder to change a property than it is to change the president of the United States!"
As soon as Zhao Qing mentioned the word "property", her voice rose an octave: "It's going to 'drive' the owners out of their homes!"
According to Zhang Miao, a member of the owners' committee, Rongqiao Xiyuan's early property is the developer Rongqiao Group. 2010 or so, the current Jinhui property began to take over. Since then, there have been more and more conflicts between owners and properties.
In 2014, a portion of the owners had pulled up banners to resist the construction of a three-dimensional parking garage next to the south gate of the neighborhood. In July of the same year, the 26th building five households were stolen, the loss of nearly 10,000 yuan, and even "watermelon in the refrigerator was taken away by the thief", the property apologized, promised "a hall and elevator cameras". Every winter, there are owners complaining about heating problems, in addition to the problem of water in the basement, hydrant water pressure and so on.
Some people in Xi'an have posted on a web forum, expressing dissatisfaction with square dancing on the central pedestrian street of the neighborhood. The committee believes that behind the square dance problem lies, in fact, the owners of the public **** activity space by the property as a store rental out of the problem.
For all these problems, Zhang Miao once refused to pay the property fee. He was sued by the property company and paid the fees through mediation. Now that the old story has been revisited, Zhang Miao also admitted that he was "not in the right". After studying the Property Law, the Property Management Ordinance and other relevant laws and regulations, he has a "more rational" view of how to protect the rights and interests of property owners.
"The point of this matter is that the owners want to choose the property, is a business relationship, employment relationship. It doesn't mean that the property has to be terrible to change. Owners are perfectly capable of switching to a more cost-effective one, comparing three properties and choosing a better one." Zhang Miao said.
"At that time, I wanted to retire here," an owner over 70 years old told China Youth Daily - China Youth Daily Online, "but now, if the Jinhui property doesn't leave, I'll leave."
This is one of the earliest owners, who chose the neighborhood, which is advertised as a "park-like community," from a selection of properties in 2007.
Over the past decade, the price of Rongqiao Xinyuan has nearly doubled, to about 15,000 yuan per square meter today. Its property fees are also higher than those of other neighborhoods, with most of the neighboring districts charging 1.2 yuan per square meter, while Rongqiao Xinyuan charges 1.5 yuan.
The owner remembers that when he first moved here, the property fee was also 1.2 yuan, and it went up to the current price about three years ago. Many owners, including him, have expressed dissatisfaction with the price increase.
Reporters in the Rongqiao Xinyuan visit to meet the owners, part of the property services feel "okay", part of the security, vehicle occupancy or heating problems raised dissatisfaction. In the mouth of several real estate agency employees nearby, Jinhui property "in the neighborhood of the community is good", "not as bad as it is said outside.
One of the owners directly said that he "can't trust anyone" on the property and the industry committee, "all for the sake of profit".
In June 2016, the contract of Jinhui property expired, and whether to renew it became a matter for the owners' association to decide.
Thus began a standoff that lasted a year and a half.
Voting was like espionage: ballot boxes were camouflaged with black bags on the way to the counting site
The limerick played a unique role in the standoff.
Taking the theme of selecting and hiring a property, Rongqiao Xinyuan I*** has held two owners' meetings since 2016.
The first owners' meeting lasted from August to September 2016, and the vote failed to reach the "double half" of the number of owner households and exclusive area, the final result was invalid. During that vote, the neighborhood's elevators, entry doors, walkways and other public **** areas, once plastered with limericks.
"Recently, the district for what mess, some people want to change the property, the whole district is paralyzed, house prices fell a big half, garbage piled up like a mountain, and ultimately the owners to pay the bill." This is the attitude of one party.
"Why do you want to change the property? Because the property really sucks, just collect money and do nothing. The car chaos thief flooded, heating leakage a river bank. If we don't change the property, the neighborhood will be really finished." This is the attitude of the other party.
One of the owners of Building 15 voted for the Jinhui property for the first time, but he found that since the confrontation between the property and the committee, "the level of property service has plummeted". He stood in the neighborhood once "small bridge and water" landscape, to the reporter counted the years in the area of theft. Next to the pool, now only remaining silt. The recent vote, the property company lost his vote.
The second owners' meeting was held between Oct. 29, 2017 and Jan. 12, 2018. The voting process "burnt out" the members of the committee.Starting in early 2017, the 51 buildings in the district set up their own owners' WeChat groups, and almost every building elected a building manager or owners' representative.
At the suggestion of the local street office, the industry committee decided to open bidding for property companies. Those who eventually accepted the choice on the ballot were two other property companies, in addition to Jinhui Property.
The staff in charge of the ballot box in groups of two, began the "sweep" work, door-to-door distribution of voting slips. The neighborhood has a large number of households, some owners have rented out their homes, and some owners are not at home from time to time. For owners who do not live in the neighborhood, the committee had to contact them by phone and SMS, asking them to come back to vote or appoint someone else to vote on their behalf.
The committee members lamented that for a large community like Rongqiao Xiyuan, it is far more difficult to convene a general meeting of owners than for an ordinary community.
Six months, the neighborhood public **** area of all the light boxes and bulletin boards, have become the two sides of the battlefield of public opinion. Property posted a "ten questions to the owners' committee", the industry committee also a "public response". The owners' committee accused a "property to encourage the creation of mass events", the property counterattack a "contract" traps exist, owners should be alert. "Battle" also extends to the virtual space, on both sides of their respective WeChat public number, half a year almost all the content is to question each other.
"A property company's public number, not much service content, are questioning the industry committee. This is all a joke in the industry, right?" Members of the property committee said during the discussion.
About the vote, Jinhui property staff asked reporters who came to interview them to leave immediately and refused to answer any questions.
The property's questions about the owners' committee's accounts were also posted on a bulletin board. In Rongqiao Xinyuan, according to the original contract, the industry committee is responsible for the management of the community elevator advertising space and other public **** 70% of the proceeds, the remaining 30% to the property. Due to the dispute over the management of the property by the industry committee, the 30% was not fully paid to the property.
Shortly afterward, an audit report was posted, "ready to accept owners, property, street office access." An audit of ****owned proceeds requires a vote of approval by the owners' association, and the process is slow. Members of the owners' committee paid out of their own pockets, shared the costs, and commissioned a CPA firm at their own expense to audit the committee's finances and expenditures.
This back-and-forth battle went on until Jan. 12, 2018, the day of the vote, and there was still no cease-fire.
One member of the board likened the process to "espionage". They rented a meeting room at a local hotel for security purposes. On the way to the counting site, the ballot boxes were camouflaged with black bags to prevent people from grabbing them. In fact, four or five people of "unknown origin" did appear on the scene, questioning and denying the process.
On January 13, the Rongqiao Xinyuan Property Committee announced the results of the vote, announcing that it would no longer renew the employment of Jinhui Property and would hire Vanke Property to provide property services on an honorarium basis. The total number of owners is 6,881, and the total voting area is 776,400 square meters. This time, 4,537 households participated in the voting owners, the corresponding voting area of 508,500 square meters. "The number of owners voting households, and the corresponding voting area are more than 50% of the corresponding voting rights, this meeting is legal and valid."
But two days later, Jinhui Property announced another set of figures. That was the property issued "Rongqiao Xinyuan" Property Service Contract "renewal related to the opinion solicitation form. Jinhui property said that the retrieval of the opinion form 4894, "agree to renew the Jinhui property" 3989 votes, do not agree to renew the number of votes 606, the number of abstentions 299. Agree with the views of 81.51% of the valid votes, accounting for 57.97% of the total number of households in the district, the area of 462,300 square meters, accounting for 82.88% of the area of the valid votes.
Jinhui property statement also pointed out that the owners of the meeting of the procedure "serious violations of the law", in the time exceeded the deadline, in the process of collecting votes, part of the owners are through the phone and text message voting, credibility is in doubt.
The industry committee's response to this is that, from the time span to the voting method, are in strict accordance with the Property Law, Property Management Regulations and other relevant laws and regulations. Article 22 of the Xi'an Property Management Regulations stipulates that "under the premise of ensuring that the owners' meanings are true and valid, real-name voting can also be done by means of cell phone messages, e-mail and so on."
For these two results, the relevant person in charge of the Electronic City Street Office in Xi'an's Yanta District told reporters that the owners' meeting organized by Rongqiao Xinyuan's property committee did have irregularities during the voting process, including the failure to make detailed announcements about the temporary staff appointed at the later stage of the voting, the failure to make announcements about the details of the custody of the ballot boxes during the voting process, and the irregularities in the process of choosing the candidate property company, which was procedurally flawed.
The street office said it does not judge the results of the owners' meeting. According to current regulations, the results of the vote have legal effect after being publicized, and the Jinhui property company needs to withdraw from Rongqiao Xinyuan within three months.
"The statement of the property is only the company's behavior," the said person in charge explained to China Youth Daily - China Youth Daily Online reporter, "If you want to veto the resolution of the owners' meeting, according to the regulations, it must be the owners to put forward, the property company does not have this qualification. "
According to the Xi'an Municipal Property Management Regulations, owners who believe that the decisions made by the owners' general meeting or owners' committee violate the laws and regulations can submit a written application for revocation to the street office and other offices.
After the voting results were announced, one after another, owners received calls from Jinhui Property. One owner released the recording of the call.
"Some owners reflected to the property no government departments to intervene, they do not recognize. Property is now organizing a petition to government departments. Petition to the street office, neighborhood committees, asking for a new public election." On the phone, the property staff said.
"Is voting a requirement for government intervention?" The property owner asked.
"It is required to have government intervention to be reasonable and legal."
"What are the specific regulations, there is no legal basis? For example, property management regulations and other laws and regulations, there is no provision for government intervention?" The owner asked again.
"There are no legal provisions, depending on whether you agree to petition the government to intervene, do not agree if I do not register."
The owner's final response was, "The neighborhood has a property committee, why petition? Property is a service party, do a good job on the line."
Property and owners of the problem, in fact, is "who moved whose cheese" problem
In the bidding for property companies, the Rongqiao Xinyuan industry committee will be "honorarium system" and "accounts **** tube This was inspired by another neighborhood in Xi'an, Xinqing Yayuan.
Zhou Hongbin, director of Xinqing Yayuan's owners' committee, often receives owners' committees or owners' representatives from other neighborhoods who come to learn from him. One of the cases that made this neighborhood famous is that in 2017, the developer demanded that the industry committee of Xinqing Yayuan pay 1.92 million yuan in compensation for the long-term occupation of the property service building, but in the end, the committee won the case in court.
"This is the first case in the country in which a development and construction unit demanded the construction fee for a property service building from all owners. But in fact, the owners buy a house, has paid a one-time community common area costs and community supporting public **** construction costs. This is when the developers themselves counted in the cost of fees, neighborhood supporting public property rights belong to all owners." Zhou Hongbin told reporters.
In her opinion, the owners and developers of the real contradiction, the root of the community public **** interest belonging to the right to dispute. "When the developer sold all the houses to the owners, the real 'investor' in the district, it has been all the owners, including parking fees, public **** area of the advertising costs of these proceeds, but also all the owners, does not belong to the developer, and of course, does not belong to the property. The property is just hired to provide a service."
It's a question of "who actually moved whose cheese". "The property owners think the cheese is theirs, but in reality, the cheese should be for all the owners." Zhang Miao said.
January 1, 2017, the new Xi'an Municipal Property Management Regulations were implemented. on November 1, the new Xi'an Municipal Owners' Association Owners' Committee Guidance Rules were implemented, specifically to address the difficulty of setting up an owners' committee. Policies to support them are also in the process of being developed.
In the words of Zhou Hongbin, the policy is constantly being improved, and the new property-owner relationship will one day be popularized across the country. She often mentions the example of Wuxi's Spring River Garden to other colleagues.
That's also a large community, where, from June 2008, the owners' meeting passed a motion on "smooth transition and implementation of self-governance" and began to implement owners' self-governance. At that time, the owners of the annual property fee of about 3 million yuan, while the community's annual revenue of about 2.4 million yuan of public ****, this originally belongs to all the owners of the proceeds, the property owners defaulted to the management fees due.
Eventually, the Spring River Garden committee set up its own property management office, hired property managers, and began the owners of the community self-governance. The public **** proceeds originally retained by the property company were all used for construction and beautification of the neighborhood.
Xinqing Yayuan is also the first community in Xi'an to introduce the property honorarium system, realizing that the property committee and the property company*** manage the accounts. Starting from 2017, Xinqing Yayuan will give the property company an annual accrual management fee of 6% to 12% of the actual amount of property charges.
After the results of the owners' vote in Rongqiao Xinqingyuan were made public, Jinhui Property specifically mentioned the honorarium system in its statement of response: "'Honorarium system' how many owners really understand, not to mention that there are few precedents for 'account **** management The 'honorarium system' under the 'account *** management'. The above system has almost no successful experience in the Xi'an area, the Rongqiao Xinyuan neighborhood is huge, the neighborhood as a testing ground, the consequences are not the majority of owners can afford."
For the statement of the property, Zhang Miao's attitude is only one sentence: "does not have legal effect."