The Supreme People's Court on the specific application of law in the trial of property service disputes.

Legal analysis: In order to correctly hear disputes over property services and protect the legitimate rights and interests of the parties according to law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other legal provisions, combined with civil trial practice. The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, if the owners' committee or the owners request to confirm that the contract or the relevant clauses of the contract are invalid, the people's court shall support it: (1) the entrustment contract signed by the property service enterprise to entrust all the property service businesses in the property service area to others; (2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners. The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.