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http://www.gbcc.org.uk/currentissue.pdf
The complete lack of a regulatory framework led
to major problems. In many parts of the country not only
were developers not required to consider issues such as
provision of individual power or water meters, the
regulations that were in place were rarely enforced. In
neighbouring communities developed between 1989 and
1995 in Chengdu known as the Five Gardens
Communities, residents were not provided with
drinkable water, the temporary electricity used for
construction was not converted to permanent electricity,
and the developers retained control of all of the
communal assets. Just a year after moving in, residents
found cracked walls, broken pipes, and even structural
defects to the exterior walls of the buildings. To make
matters worse, the property management companies
charged with maintaining the new property were doing
little more than collecting fees. In Ziyu Shanzhuang, a
late 1990s Beijing development, these ran as high as
2400 Chinese yuan (260 dollars) per unit per month,
slightly more than Beijing average income that year.
For others their homes were never even
constructed in the first place. As demand for commercial
housing outpaced supply, homes were sold up to 18
months before they are built. Developers and property
sales companies exploited loopholes in the regulations to
prevent this. Many developers run out of funds before
communities can be completed, leaving residents with
only a concrete foundation or without promised
communal assets. Official statistics for
Guangzhou place the number of
“lanweilou” or “unfinishable” housing
projects at 132. Most housing projects in
Guangzhou range from 1000 to 5000 units.
This means that over 100,000 purchasers
have been affected in just this one city.
Violent reaction
China’s urban homeowners are not taking
these issues lightly. Since the mid-90s
increasingly large groups of residents have
mobilised to press developers, property
management companies and local officials
to live up to their promises.
In most cases residents have been
frustrated. Only as communities began to
get violent did the government begin to
regulate the behaviour of developers and
property management companies. In the
Five Garden Communities, neighbourhood
activists were attacked with knives after
pressuring the developers to deal with basic
infrastructural issues such as running water. After these
incidents the local government set up a committee
charged with working with residents to resolve issues
left behind by the property developers.
Government failure, homeowner action
Local government’s inability to resolve problems led
residents to find ways to take matters into their own
Contesting banners placed on the front of the community hall at Times Manor
(Top) “Boycott illegal elections conducted without government sponsorship;” and
“Participate in the Homeowner’s Committee elections, make every vote count
hands. From 1994 onwards, groups of residents began
organising autonomously into homeowners associations,
electing a small number of homeowners to a
Homeowner’s Committee. The committees spread
rapidly through the 1990s. In 1996 they were awarded a
legal status, although not a formal permit for
autonomous organisation. Only in 2003 with the
implementation of the Property Management
Regulations by the State Council, were residents finally
given limited space to self-organise into Homeowners
Associations. These associations rapidly became the
focal point of community activism throughout China.
Lack of legal status impedes groups from taking
legal action against developers or property management
companies, but the relative lack of interference in their
affairs, and their growing ability to affect changes to
community governance has made these organisations
increasingly attractive to individuals with political
aspirations, and private residents interested in improving
the management of their communities. It is difficult to
ignore the ways in which local governments, property
managers and corrupt homeowners are co-opting these
organisations but the number of popularly elected
homeowners committees operating with relative
independence is now estimated at over 1000 nationwide.
Many of these organisations are firing their
developer-appointed property management companies
and hiring their own, or even taking over responsibility
themselves. At Times Manor a small number of residents
with ties to the property developer had tried to block
moves by the homeowner’s committee to replace the
property management company. The company’s guards
were often found asleep, rubbish was not removed, and
simple maintenance tasks not performed. Residents
reported security guards breaking into vehicles and the
company had torn down election notices and other
documents posted on the community bulletin board. |
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