How should the owner solve the contradiction between the property and the owner?

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 voluntary and equal consultation in accordance with relevant laws, regulations, management regulations and property management contracts.

When there is a dispute between the owner and the property management company, it is best to resolve the dispute through consultation. If the owner and the property company can't solve it through consultation, what should the owner do? Xiaobian introduced the handling methods of property disputes in detail for your reference.

First, the owner and the property management company negotiated 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.

Second, 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.

Third, submit it 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.

Fourth, complaints

When there is a dispute between the owner and the property management company, the owner may complain to the real estate administrative department of the local people's government at or above the county level according to Article 49 of the Property Management Regulations.

Verb (short for verb) brings a lawsuit.

If the owner can't solve the dispute through the above four channels, he can submit the dispute to the court or directly file a lawsuit with the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

Six, change the property 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.

"Property Management Regulations" 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.

Seven, matters needing attention

Owners should not refuse to pay the property management fee because of the poor service quality of the property management company, which is wrong. Because the owner and the property management company signed the property service convention, the two sides formed a service contract relationship, so the owner should pay the property fee within the agreed time limit. Because the property management costs the property company a deposit required to carry out the property service, if the owner fails to pay it on time, it will inevitably cause the property company to be unable to carry out the service better due to insufficient funds, which will lead to a decline in service quality. Therefore, whether from the perspective that the owners want to urge the property management company to improve the quality of property services or from the perspective of legal provisions, the owners should pay the property management fees on time. If the owner fails to pay the property management fee within the time limit, the property company has the right to sue the owner. At this point, the owner can ask the property management company to bear the liability for breach of contract on the grounds that the quality of property service does not meet the agreement.

If there is a dispute between the owner and the property management company, the owner can pass

Negotiate with the property management company.

、

Mediation by a third party,

Submit to an arbitration institution for arbitration.

, complaints,

Bring a lawsuit

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Change the property company and other methods to solve it. When a property dispute needs to be solved by filing a lawsuit, you can find a professional lawyer through us to help you safeguard your legitimate rights and interests.