Job Recruitment Website - Property management - Are shop owners and community owners equal in rights?
Are shop owners and community owners equal in rights?
First, whether shop owners and community owners have the same rights.
1. Shop owners and community owners enjoy equal rights. Connected buildings in the same property area belong to the same property management scope, so shop owners and community owners have the same rights and obligations. If the shop is rented, the case of the shop tenant is less than the rights of the community owner.
2. Legal basis: Article 271 of the Civil Code of People's Republic of China (PRC).
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
Second, what is the way to deal with the disputed property of shop owners?
1. Shop owners handle property disputes in the following ways:
(1) The property management company of the shop owner can settle the dispute through consultation. Owners and property management companies can resolve management disputes through voluntary and equal consultation in accordance with relevant laws and regulations, management regulations and property management contracts.
(2) Third-party mediation, the shop owner and the property management company can submit the dispute to a third party, and the third party 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;
(3) Submit the dispute to an arbitration institution for arbitration. After a dispute arises between the shop owner and the property management company, it shall be submitted to the arbitration institution with the right to manage, that is, the arbitration commission where the property management company is located, for arbitration according to the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, so as to resolve the dispute;
(4) Complaints: When there is a dispute between the shop owner and the property management company, the owner can complain to the real estate administrative department of the local people's government at or above the county level;
(5) bring a lawsuit. When the dispute cannot be resolved, the shopkeeper can submit the dispute to the court or directly bring a lawsuit to the local people's court, requesting the court to exercise judicial power to resolve the dispute according to law.
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