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How to solve the owner's dispute
3) Other methods: 1. The owner and the property management company shall settle it through consultation. The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts. 2. Third-party mediation. This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located. 3. Change a property management company. If the above methods can't satisfy the owner, the owner can change the property management company. According to China's current purchase procedures, buyers should sign purchase contracts with developers. At the same time, when using a unified real estate sales contract, there will be clauses that the buyer agrees that the house he buys will be managed by the seller or the buyer's property management company. Therefore, property buyers must be bound by the preliminary property service contract signed by the property management company selected by the developer and accept their property management services. Therefore, in practice, many property management companies usually claim that owners have no right to change property management companies on this ground. The Regulations on Unauthorized Management clearly stipulates that the majority of owners have the right to hire and dismiss property service enterprises. The hiring and dismissal of the realty service enterprise shall be decided by the owners, but it shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Therefore, as the real owners of the community, the majority of owners have the right to re-select property management companies to provide property management services.
Legal objectivity:
Article 33 of the Civil Procedure Law The following cases stipulated in this Article shall be under the exclusive jurisdiction of the people's courts: (1) A lawsuit brought over a real estate dispute shall be under the jurisdiction of the people's court where the real estate is located; (2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located; (3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.
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