| The norms ature.With the deepening of the reform,commercial housing has gradually replaced unit welfare housing as the main way of living of urban residents.The residential space of commercial housing district is more intensive,and the content of property management is more and more complex.The transformation of living style has given birth to the demand for specialized and market-oriented property management mode.Property service companies have gradually replaced units,state-owned enterprises and other entities to become the leading role of community management.In the early stage of housing commercialization reform,the owners’ rights and interests were often infringed by developers and property companies.In order to deal with this urgent problem,the unbalanced power contrast between owners and property owners is like a group of sands.The property law,property management regulations and other laws and regulations clarify the connotation of differentiated ownership of buildings,and confirm the basic system of the production mode,resolution mode and legal status of the owners’ autonomous organization.On the other hand,the owner autonomy has been frustrated repeatedly in the process of practice,and the contradiction between the property company and the owner has not been completely resolved.The Z city is located in the middle of China,which is an agricultural city in the process of rapid urbanization.Commercial housing has sprung up in recent ten years,but few communities can achieve effective autonomy.In short,the first dilemma faced by the autonomous organizations is the lack of collective action ability of the owners group,and the vast majority of communities are unable to establish owners’ committees.Even if the owners’ meeting can be held,the owners have broken through many obstacles to establish the industry committee,but very few can operate effectively.Even if there is no dilemma in the above two aspects,the owners always fall into a dead circle of deteriorating relations with the property companies.There are various reasons for the obstruction of owner autonomy in practice.The owner autonomy association itself involves the interaction among the state,market and society.The administrative system should have undertaken the matters not belonging to the market and the owner’s autonomous management,avoiding the accumulation of contradictions between the owner and the property company until the outbreak;the owner should provide remuneration to the property service company in exchange for theproperty service,but also realize certain management functions;the market subject should fully perform the contractual obligations,and realize a virtuous cycle with the owner.However,in real life,the logic of operation among the state,society and market is chaotic,which makes the owner autonomy difficult to be frustrated repeatedly.Laws and regulations set too high organization and operation costs for owners’ autonomy,which naturally has tension with the current situation of owners’ general lack of collective action ability.In an atomized community of strangers,the "double over half" requirements for holding the owners’ meeting are too high.Secondly,the lack of smooth operation mechanism of autonomous organizations is reflected in the lack of administrative system support,the difficulty in implementing autonomous resolutions and the difficulty in supervising autonomous organizations.Finally,in the case of property management monopolized by developers,the goal of property management is completely around the purpose of developers in a way contrary to the law of the market,leading to the disorder and disorder of the whole property service market.The administrative supervision system for the property service industry is just in the transition period,and the market environment that has been deteriorating is also difficult to recover.What kind of autonomy does the community in the city need? The social foundation and management mode of different types of communities are also different,and the emphasis of owner autonomy should be differentiated.At present,the cost of the owner’s self-government organization and operation is too high compared with the social foundation,and the contradiction between the lack of self-government ability and the complexity of governance matters is also ignored.The experience of a small number of autonomous communities is not universal.In order to realize the good governance of urban community,it is not enough to only emphasize the autonomy of owners and the participation of owners.The first task is to straighten out the relationship among the state,market and society,explore the mode of effective connection of various subjects,and improve the construction of urban grass-roots governance system.In order to realize the positive interaction between society and market,we need to respond in system.On the one hand,we should guarantee the owner’s subjectivity,reduce the cost of autonomy and improve the effectiveness of autonomy resolution.On the other hand,it is also necessary to enrich the connotation of the condominium ownership of buildings,and at the same time,it is also necessary to undertake the due obligations while emphasizing the protection of the owner’s rights. |
