China urban property owners and property management companies

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A recent article from Global Times mentions about the issues encountered by China’s urban homeowners when attempting to  manage their neighborhood as they are facing the resistance from property management companies and local governments.

Questions regarding the ownership of community’s public facilities are often under source of disagreement. For example, many communities have raised the question of the parking space rent revenue, often managed by property management companies. 
Responsibility in maintaining the facilities in good conditions and reparations are often disputed as well. Homeowners also fight against property developers changing construction plans… 

9abecad9-88f1-4e3c-9d10-f940309bfdf7The National People’s Congress approved the Property Law in 2007 中华人民共和国物权法. The law encourages the self-governance of property owners in urban residential communities and therefore the creation of “homeowner congregations” in charge of administrating  their neighbourhood. 

 

Here are some relevant articles of the Property Law that clarify the homeowners responsibilities

Article 82: The realty management company or other managerial personnel shall, in accordance with the entrustment of the owners, manage the apartment building and its accessory facilities within the zoning of the apartment buildings and accept the supervision from the owners.

Article 83: The owners shall abide by laws, regulations and the management provisions stipulated by the owners’ meeting. The owners’ meeting and committee shall have the right to request the parties concerned to stop infringement, get rid of the effect, remove impediment and make compensations with regard to such actions that impairing the legal rights and interests of others as willful throwing away of the garbage, possession of the passageways, release of sources of air pollution, making noises, raising animals in breach of regulations, construction in violation of rules and refusal to pay the realty management fee. The owner may, in accordance with laws, bring a lawsuit with the people’s court in respect of such actions as infringing its own legitimate rights and interests.”

 

It seems that many homeowners don’t really care about public spaces and facilities of their community but according to the law, they are also in charge of it!

 

Sources:

http://old.newschinamag.com/magazine/trouble-at-home

http://english.caixin.com/2016-04-19/100934143.html

 

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I am living in China since 2009 and in Beijing since 2011. I am sharing my experiences for other expatriates to make their stay in Beijing more enjoyable. As I am writing this blog for SCOUT Real Estate agency, I am also computing updates about the Real Estate market in Beijing, not only on residential properties, but as well on commercial locals and offices. Hope you enjoy your reading!