Problems and countermeasures in the development of property management in China: As a new industry, with the rapid development of China and the real estate market, property management has gradually become an important part of real estate management. The promotion and development of property management has improved the living and working environment of residents, promoted the construction of two civilizations, and made positive contributions to promoting housing construction as a new economic growth point and implementing social re-employment projects. At the same time, we should also see the increasingly prominent existence in the process of property management. According to the data of Shanghai Price Reporting and Complaint Center, there were 3,526 complaints about property management, accounting for 14.6% of the total complaints, making it the first of the seven hot industries of public complaints in 2003. Therefore, the problems and countermeasures in the development of China's property management at this stage have become hot issues. 1. Problems in China's current property management 1. 1 The construction of human resources team lags behind the development level of property management, and a considerable number of human resources teams in China are far behind the development requirements of property management in terms of professional structure and knowledge structure. Property management by non-professionals has become one of the strange phenomena in the property management industry in China. To a certain extent, the property management market is still full of real estate development enterprises and traditional housing authority transformation personnel, and the quality of managers is generally low and services are not in place. Article 33 of the Regulations on Property Management (hereinafter referred to as the Regulations) stipulates that personnel engaged in property management shall obtain professional qualification certificates in accordance with relevant state regulations. However, the number of people who actually engage in property management who have obtained the professional qualification of property managers is not much, and those who have senior management qualifications (such as property management enterprise managers, department managers, "three chief teachers", etc.). ) is even rarer. This shortage of talents has seriously affected the development of the property management industry to a high level. 1.2 owners lack property knowledge. On the one hand, public opinion propaganda lacks clear policy development direction. On the other hand, in order to attract audiences and readers, some media lack professionalism and ethics, and expand contradictory reports in property management, or are encouraged by enterprises. Enthusiastic about the quarrel of typical events, but lack of rational guidance and publicity to society, enterprises and owners, and even lack of fair and profound thinking. 1.3 Property management fees are the fetters of the development of property management enterprises. It is stipulated in the Regulations that it is one of the owners' obligations to pay the property service fee on time. In property management, we should also implement the principle of "who enjoys, who benefits and who bears" to form the source of property management funds. However, there is still considerable inertia in the traditional concept of welfare housing consumption, such as the inconsistency between service standards and charging standards. Many property companies have a low range of fees and price transparency. After some companies collect property fees, some maintenance work still needs to be paid, and there are also problems in financial reports such as budget and final accounts of property fees submitted by property companies. The problem of charging still puzzles the property management enterprises, which greatly affects the healthy development of property management, and at the same time creates a bad chain for both parties of property management. 1.4 Property management enterprises are small in scale and lack market competitiveness. According to the data, there were about 7,000 property management enterprises in China at the end of 1997, and by the end of 2003, there were more than 20,000, with a rapid growth rate. In 2003, there were only 78 first-class qualified property management enterprises issued by the Ministry of Construction. Although there are a large number of property management enterprises, their market share is generally small and their management level is uneven. Enterprises lack innovation ability and imitate each other seriously, which is not conducive to their own development, nor to resist the "invasion" of Hong Kong, Macao and Taiwan regions and foreign counterparts. 1.5 the legal construction of property management still needs to be further improved. With the reform of China's housing system, housing distribution has shifted from welfare to individual purchase, which is followed by property management problems in residential quarters. However, because the relevant system in China has not yet been introduced, many group disputes have occurred in the past two years. Although the Regulations on Property Management was promulgated in the State Council in 2003, and the relevant departments successively promulgated administrative regulations such as Measures for the Management of Property Service Charges and Interim Measures for the Management of Bidding in Early Property Management, the existing property management model is basically a management model that deprives owners of their right to choose and forces them to accept qualified (or even unqualified) property management companies. According to the investigation results of 70 residential quarters in Beijing by the research group of the National Social Science Fund of Renmin University, 22.8% of them have serious housing quality disputes, 80% have serious disputes with property management companies, 34.2% have modified their plans without authorization, 37% have physical conflicts and violent conflicts, and 60% have been seriously occupied by public property, which fully shows the shortcomings of the existing management model. 1.6 unbalanced development among regions From the development practice of property management in China, property management in southern regions, economically developed regions, coastal cities and big cities started earlier and developed rapidly; Northern areas, economically underdeveloped areas, inland cities and small and medium-sized cities are relatively slow. Shenzhen is a well-developed city in China. Among the first batch of 40 first-class property management qualified enterprises announced by the Ministry of Construction, Shenzhen accounts for 18. There are 146 residential quarters in the city that have won the title of "National Excellent Urban Property Management Community", accounting for 1/7 of the whole country. According to incomplete statistics, by the end of 2002, the coverage rate of property management in China had accounted for 38% of the total property, and that in economically developed cities had reached more than 50%. It can be seen that there is a considerable gap in property management between economically developed areas and economically underdeveloped areas.

2. Countermeasures to solve the problems in property management 2. 1 Take the road of specialization. Specialization of property management is the inevitable result of the marketization of property management to a certain extent. Property management should have special objects and specific market segments, and have professional standards in management. More than 70% of the property management companies in China are from real estate development. Property management companies should overcome the disadvantages of this integrated management system, such as complex organization, numerous personnel and high management cost, abandon the backward concept of employing people, establish a human resource management mechanism, increase the training of professionals, attract and retain talents, give full play to their initiative and creativity, do a good job in service integration, stimulate consumers' awareness of payment through high-standard services, and fundamentally solve the problem of property management fees. 2.2 Take the road of legal development. In fact, property management is the owner's autonomy right to the property, and it is also a property owner's right to dispose of the property. Owners should not be required to manage their properties through property companies. Therefore, it is necessary to improve the real estate registration system and register the real estate in detail, especially the part owned by the owner. It is clear that property management is the owner's independent property management activity, and property management right is the owner's right. While formulating the Property Law, the Property Management Law should be promulgated as soon as possible to truly manage and serve according to law. 2.3 Take the road of collectivization development. In China, property management is a low-profit industry. About 80% of China's property management enterprises are in a state of loss, so the scale benefit of property management is particularly important. Objectively speaking, property management enterprises must take the road of scale and collectivization. At the same time, the property management market will be reshuffled, and property management enterprises must get rid of the current small and comprehensive model if they want to get further development. To this end, relevant departments should formulate corresponding policies, on the one hand, improve the threshold of enterprise registration. On the other hand, strictly reduce the customs clearance system. Start the early warning system of property management market, promote the further development of some property management enterprises, eliminate some "small, scattered and chaotic" property management enterprises that restrict the overall level of the industry, and finally realize the strong alliance and form a property management group. 2.4 Take the road of brand development. Brand is a sign that a product or enterprise is different from other products or enterprises. For enterprises, brand represents a potential competitiveness and profitability. Therefore, property management enterprises must take the brand-centered development path. According to different target customers and different property types, property management enterprises should choose appropriate media to promote their own brands, gradually form the brand temperament of employees, and embark on a virtuous circle of brand development that suits them in combination with the real estate brands they manage. 2.5 Take the road of intelligent development With the improvement and rapid development of people's living standards, real estate suppliers have increasingly considered the intelligence of property when providing products, and objectively require property management companies to implement intelligent management. Property management enterprises should also adapt to the development requirements, adopt new technologies based on computer management, introduce intelligent management, reduce the labor cost of property management, improve the service quality of property management, and promote some advanced management. 2.6 Take the "people-oriented" development path. The service object of property management is people, and one of the goals of property management is to create a "clean, civilized, safe and convenient" environment for owners and users. Property management enterprises should advocate "people-oriented" Scientific Outlook on Development, embody the human touch in every detail in their contact and service with the owners, pay attention to their emotional input, and improve their satisfaction. All activities of property management enterprises should be based on the satisfaction and satisfaction of the owners, and its core is to provide perfect and high-quality services. Any property management enterprise must capture market information, highlight the humanized concept of property service, go beyond simple maintenance, create a high-grade living atmosphere for community users, guide a brand-new lifestyle, and implement the "zero defect" service concept. 3. Conclusion At present, the property management industry is facing a critical moment of transition from the primary stage to the advanced stage, and the internal and external environment of the property management industry is undergoing major changes. How to better solve the existing problems and development countermeasures of property management needs our further efforts. : [1] Wang Guiling. Property management [M]. Beijing: China Price Publishing House, 2003. [2] He Xueliang, Albert Rowe (USA), Wang Zirun. China property management [M]. Shanghai: Wen Hui Publishing House, 2003. [3] The season is like gold. Property management [M]. Shenyang: Liaoning University Press, 200 1. [4] Wang Jiafu. Interpretation of property management regulations [M]. Beijing: China Price Publishing House, 2003.

Problems and Countermeasures of Current Property Management

2006 165438+ 101China Property Network With the further development of China's urbanization process, the original single-family self-management form has been replaced by the rapid development of urban property centralized management. In this important transition period of property management, a perfect legal system is urgently needed to adjust and standardize. Recently, the quanshan district Court of Xuzhou conducted a comprehensive analysis and discussion on nearly 200 property management disputes concluded in recent three years, and found some common problems that cannot be ignored. First, the main problems in current property management (1) property management fee disputes. In addition to the direct cost of providing property management as agreed in the contract, it also includes the heating fee and hot water fee charged by the property management enterprise. According to the current actual situation, the actual payment ratio of residential property management fees is between 70% and 90%. The main reasons why owners refuse to pay property management fees are that property management is not in place and the residential area is dirty, chaotic and poor; Heating, low temperature of hot water and short supply time; There are some problems in the community, such as the loss of the owner's vehicle and incomplete internal facilities. (2) Disputes over compensation for property losses of owners. Such disputes are generally caused by the loss of cars, motorcycles and bicycles of community owners, which is also the bottleneck problem of community property management. Because the relevant laws and regulations on the safety responsibility of residential quarters are not perfect, there is no relevant basis for how to rationally allocate the property loss compensation responsibility of property management enterprises, so such disputes are prone to occur. (3) Disputes over compensation for damages caused by public facilities in residential areas. This kind of dispute is mainly due to the poor management of roads, manholes, billboards and pipelines in the residential area by property management enterprises, resulting in personal injury to the owners. (4) manage disputes without cause. This kind of dispute mainly involves the dispute that the property management enterprise signed the preliminary property management contract with the community developer, but the owner failed to renew the property management contract directly with the owner or the owners' committee after moving in, and the property management enterprise recovered the property management fee from the owner. (5) Infringement disputes in the shared part of the community. After individual owners entered the community, they built buildings without authorization, which aroused the dissatisfaction of most other owners and asked the property management company to investigate and deal with the disorderly construction of individual owners. In this kind of disputes, if the property management company investigates the disorderly construction of individual owners, there is no restriction of administrative law enforcement power; If only a few owners are discouraged without forcibly demolishing the buildings, it will inevitably lead to property management disputes between most owners and property management enterprises. (six) the problem of renting public parts of the community for profit. This kind of dispute mainly occurs in the problem that individual owners or property management companies in the residential area use or rent the * * * part of the residential property without authorization as advertising space for profit. Because this kind of dispute involves the ownership of buildings and needs further adjustment in the property law, it is controversial when it occurs. (7) Disputes over parking fees in residential areas. Such disputes are mainly caused by disputes such as charging parking fees, road maintenance fees and entrance fees from private car owners by property management companies themselves or on the grounds of maintaining the order of community management. Because the above-mentioned charging standards of property management companies are often formulated by themselves without the approval of the price department, although some of them are approved by the owners' Committee, there is great controversy because there are no corresponding laws, regulations or rules as the basis. Second, the legal blind spot of property management disputes (1) the contracting capacity and litigation status of the owners' committee. In residential property management, the litigation behavior of a single owner often involves the interests of all owners in the residential area, so the participation of the owners' Committee is particularly important. So how to solve the legal status of the owners' committee? Its ability to conclude property management contracts and its position in civil litigation directly affect the interests of all owners. At present, there are no clear laws and regulations to determine the contracting capacity and litigation status of the owners' Committee. (2) Treatment of negotiorum gestio. Since the previous property management contract between the developer and the property management enterprise has expired, there is no new property management contract between the owner or the owners' committee and the property management enterprise. How to determine the charging standard of the dispute over negotiorum gestio, especially the property management? At this time, if there is a property management fee dispute, the property management fee standard can only be handled in accordance with the relevant fairness principles of the General Principles of Civil Law, which is too arbitrary. (3) Termination of the property management contract. Because property management companies should generally sign property management contracts with owners of residential quarters, when some owners have property management disputes with property management companies and ask them to terminate the property management contracts, it will inevitably affect the legitimate interests of all owners. At this time, how to exercise the right to terminate the contract of these owners needs to be standardized. Security obligations of property management companies. In view of the low fees charged by most property management enterprises in China, how to keep the balance of rights and obligations between owners and property management enterprises is a thorny issue. The charging standards of property management enterprises should be consistent with the quality of property services they provide. If the charge level of property management fee is high or the property management contract clearly stipulates the property custody obligation of the property management enterprise to the owner, it is easier to determine the compensation liability of the property management enterprise when the property loss of the owner occurs. However, in the case of low property charges, once the property of the owner is stolen or damaged, the liability for compensation can only be determined according to whether the property management enterprise has fulfilled the necessary security obligations, which is not easy to standardize. (V) Division of responsibilities between residents' committees and property management enterprises. In many urban communities, there are not only self-governing organizations of urban residents, that is, residents' committees, but also property management companies hired by owners. At this time, how to divide the specific responsibilities of neighborhood committees and property management enterprises is very important for protecting the legitimate rights and interests of owners. According to the current laws and regulations, the legal responsibility of the coexistence of neighborhood committees and property management enterprises has not been clear. (six) the authority of the property management enterprise. The disorderly construction of individual owners in residential quarters is one of the main problems that plague property management enterprises. Under the present circumstances, the property management company only has the right to exercise the right of management services in accordance with the provisions of the property management contract. Once individual owners do not listen to dissuasion and build buildings without authorization, property management companies are often helpless, often because of the restriction of administrative law enforcement power. Whether to give property management enterprises certain related rights can be tried at present. III. Suggestions on Improving Property Management (1) Sign a clear and detailed property management contract. Owners and property management companies should sign property management contracts with detailed contents, clear contents and clear rights and obligations as an important means to prevent property management disputes. When signing a property management contract with a property management enterprise, the owners shall earnestly follow the principles of voluntariness, fairness, compensation for equal value, honesty and credibility. In the content of the contract, possible disputes should be clearly defined. When determining the rights and obligations of both parties, the level of property management services provided by property management enterprises shall be determined according to the charging level of property management fees. (two) the establishment of the owners' committee according to law. As a community owner, we should actively and legally set up an owners' committee, safeguard the authority of the owners' committee, and provide convenience for the owners' committee to exercise its authority and safeguard the interests of the owners. The owners' committee is composed of owners who can represent the interests of owners and exercise their functions and powers in accordance with laws and regulations. The property management services provided by the property management company should be reviewed and supervised in time, and the property management company that harms the interests of the owners should promptly terminate the property management contract or claim civil rights and interests through litigation. (3) Property management companies provide property management services according to the contract. Thoughtful property management service is the common hope of every community owner. Property management enterprises should further improve the level of property management under the condition that the rights and obligations are clearly defined in the contract, ensure that the property management services provided meet or exceed the charging level of property management, promote the virtuous circle of property management services and property management fees, and realize a win-win situation for both owners and property management enterprises. (d) Highlight the role of the property management committee. Judging from the current situation of property management, individual owners are often on the weak side when they have property management disputes with property management enterprises. However, it is undeniable that there are indeed some owners who refuse to pay the property management fee unreasonably for their own benefit, or unreasonably accuse the property management company of its property management services. At this time, the owners' committee should actively participate in the disputes between individual owners and property management enterprises, balance the rights and obligations between owners and property management enterprises, and safeguard the legitimate interests of the vast majority of owners in the community to the maximum extent. (5) Special terms of the contract for personal and property damage of the owner. According to the common property loss and personal injury disputes between the owners and the property management enterprises, special agreements should be made in the property management contract. This special agreement is of positive significance to both owners and property management enterprises. Once disputes arise over the above matters, both parties can handle them according to the contract, so as to avoid the embarrassing situation of endless arguments. (six) the owners' committee to hire legal counsel. According to the mature experience of foreign property management, the owners' committee can hire lawyers with professional knowledge of property management as legal advisers, which can effectively review and supervise the signing and performance of property management contracts, provide necessary legal help for the owners' committee, and promote property management enterprises to provide property management services dutifully in accordance with the contract and legal provisions. Although it will increase the expenses of the owners, it is very important to protect the legitimate rights and interests of the owners.