Job Recruitment Website - Property management - The property is not maintained as agreed in the contract.
The property is not maintained as agreed in the contract.
I. What if the property management company fails to provide services according to the contract standards?
1, legal channel
(1) Submit administrative reconsideration and administrative litigation to the local real estate administrative department.
(2) Bring a civil lawsuit for breach of contract or infringement against the developer and the property management company. The "contract" in breach of contract refers to the sales contract and property service contract signed by the owner and the property management company. The "rights" in infringement include personal rights and property rights such as citizens' private property inviolability, owners' right to enjoy quality property management services and living environment, and citizens' consumption rights. When this kind of dispute occurs, the owner can bring the dispute to court or bring a lawsuit directly to the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.
(3) Submit to an arbitration institution for arbitration. This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.
2. Other ways
(1) The owner and the property management company shall negotiate for settlement. 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 the property management company. If the above methods can't satisfy the owner, the owner can change the property management company.
Second, how to supervise property management companies
Supervision is the whole process of finding problems, coordinating and solving problems, and assessing the implementation of problems.
It is not easy to supervise property service enterprises. It's not simply to find a problem, make a phone call and make a request! Supervising the whole service process and service quality of property service enterprises is a process of putting forward coordinated solutions to problems, promoting them to achieve predetermined goals and effects, and implementing and evaluating the results of problems. This is a systematic project, a process agreed and recognized by both parties in advance!
The first thing to be clear is:
Basis, personnel, implementation and methods of supervision.
Supervision basis: according to the property service contract signed by both parties, determine the cooperation mode of both parties, clarify the rights and obligations of both parties, and refine the corresponding service content and standards. Due to the particularity of property services, we should have a detailed interpretation of service content and standards, not only to quantify energy, but also to be detailed and detailed, with results as a reference. For example, public security patrol and greening maintenance should not be based on quantification and refinement, but on results. The two sides reached a * * recognition. How to assess the failure of indicators should not only consider humanization, but also put an end to all humanization. The assessment results determined by both parties shall be rewarded and punished accordingly.
3. What evidence does the owner need to submit?
1, plaintiff qualification materials. If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments, IOUs, receipt and delivery vouchers, correspondence, etc. A compilation of all the contents about what to do if the property management company does not provide services according to the contract standards. If the property company fails to provide qualified property services, the owner can file a lawsuit against the property, but he should prepare relevant evidence to help him better prove that the property is at fault, and of course he can choose other ways to protect his rights. If you have any other questions, please feel free to consult.
- Related articles
- I want to know: What bus lines are there in Yanggezhuang New Village, Beiqijia, Changping, Beijing? where
- How hard is Shanghai's all-in-one connection?
- What music does the neighbor play back?
- What is the telephone number of Puyang Jiuchang Classic Sales Department?
- Wujiang people come in and have a look. Do me a favor and ask about the bus route.
- Is Shuangxin Garden a relocated house?
- Where is Chengdu Yuehe Yang Minghua County?
- Which district is Miansiyi Community in?
- Jiashan Nanhu Jiayuan Property Telephone
- What grade of community does Jianghai Zijincheng belong to?