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How does the community mediate the contradiction between the property and the owner?
According to Article 48 of the Regulations on Property Management, the real estate administrative departments of local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities. (1) You should make corresponding preparations before complaining, such as collecting and sorting out evidence; Focus on collecting relevant evidence that the property company fails to perform as agreed, and the evidence should be sufficient and complete; (2) For the behavior of the property management company, you can complain to the property management office of the local real estate administration, which is the competent department of the property industry; (3) Complaints should be made in the form of oral complaints as far as possible, and it is recommended to submit them in writing; (4) If the complaint fails to resolve the dispute, it is suggested that you bring a lawsuit to the people's court or apply to an arbitration institution for arbitration. Article 128 The parties may settle a contract dispute through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution. (a) the plaintiff sued. (2) After accepting the indictment, the court shall serve a copy of the indictment on the defendant. (3) The defendant submits the defense within fifteen days, and the court will serve a copy of the defense on the plaintiff within five days. If the defendant fails to submit the defense, the trial will not be affected. (4) The court shall notify the parties and make an announcement three days before deciding to open the court session. (5) The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record. (6) The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party. (7) At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. (8) Announcing a judgment. (1) Maintenance disputes Under normal circumstances, if the owner's indoor house needs maintenance, he can ask the property management company to send personnel to repair it, but the expenses will be borne by the owner. Often, because there are some problems in the house delivered by the seller, the problem cannot be completely solved after several repairs, or the attitude and price of the property management company when providing maintenance services are easy to cause disputes. (II) Disputes over property charges It is the corresponding right of the property management company to manage the property in the residential area, provide relevant services and charge a certain property management fee. However, the standard of property management fees is not specified, which has become the contradiction between property companies and owners' committees. (3) Infringement disputes. 1. Perfecting relevant laws and regulations and solving property disputes need legal support. At present, there is no unified property management regulations in China, and many things lack unified norms. Therefore, in order to reduce property disputes, we need to improve relevant laws and regulations first. 2. Owners should not have too high expectations. Many business owners will believe the salesman's introduction or publicity materials, newspaper advertisements and so on. When they buy a house, they have high expectations for the environment and property management of the community. As a result, they found it was different from their own imagination, which led to disputes. So in order not to be disappointed after check-in, don't expect too much from nurses, and objectively evaluate the living environment. 3. Property management companies improve the quality of management services.
Legal objectivity:
Article 34 of the Regulations on Property Management
The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
Article 35
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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