Can property fees be arbitrated?

It is ok for the property owner to apply for economic arbitration, because in this case, the parties can choose to submit arbitration to the local arbitration institution or bring a lawsuit to the people's court, but in either case, they need to submit relevant evidence and written application materials.

1. Can the owner apply for economic arbitration?

It is ok for owners to apply for economic arbitration, and the general procedures for concealing property disputes are as follows:

1. One party submits an arbitration application to the Arbitration Commission, which shall decide;

2. The Committee decides whether to file a case within 5 days after receiving the application;

3. After filing the case, send the arbitration rules and the roster of arbitrators to the applicant within the prescribed time limit, and send a copy of the arbitration application, the arbitration rules and the roster of arbitrators to the respondent.

4. The respondent shall reply within the prescribed time limit, and both parties shall determine the arbitrator according to the roster. The ordinary procedure consists of three arbitrators and one arbitrator each.

A presiding arbitrator will be appointed; If the case is simple and the subject matter of the dispute is small, summary procedure can be applied and tried by an arbitrator;

5. Trial: trial investigation, cross-examination, debate and mediation proposal;

6, the production of mediation or mediation has not made a ruling;

7. The parties apply to the court for enforcement.

Different from the two-instance final adjudication system in judicial trials, the public verdict is final.

Second, how to deal with property management disputes

1, property service contract dispute

Many owners' committees often have no clear definition of the nature of property contracts when signing contracts with property management. Some communities have signed "service contracts" and some communities have signed "entrustment contracts".

This is because the understanding of the property management service contract is different. If the two parties sign a property entrustment contract, it means that the property management enterprise is entrusted by the owner to manage the community, and the owner and the property management enterprise are entrusted and entrusted.

In the case of entrustment relationship, once there is a problem in community management, such as theft, the consequences have nothing to do with the property company; At the same time, because the client of the entrustment contract can terminate the contract at will without any reason, it is not conducive to the stability of residential property management.

Solution: When signing a property management contract, it should be noted that the nature of the contract should be a service contract, not an entrustment contract. The easiest way is to look at the name of the property contract first. If it is a service contract, the name of this contract is generally "property management service contract", not "property management entrustment contract".

2. Disputes over the relationship with the developer

The principle of separating real estate development from property management is to select property management enterprises through bidding. But today, most residential property management enterprises are derived from developers. Even if bidding is implemented, property management companies derived from developers are still in an advantageous position and often win the bid, because it is difficult to truly establish a fair competitive bidding mechanism. This "father-son relationship" between construction and management is still widespread. When disputes such as property quality or unrealistic promises in sales occur, property management companies often refuse to handle them on the grounds that they are two independent legal persons and have nothing to do with developers, while developers are often project companies, which will not exist after construction settlement, and contradictions such as after-sales service and warranty cannot be solved.

Solution: After the owners living in the community meet the requirements, that is to say, the building area of the houses that have been sold and delivered in the community has reached more than 50%, or the first house has been sold and delivered for two years, the owners' meeting must be held in time to set up the owners' committee to safeguard their rights and interests through the owners' committee.

3. Disputes over public facilities.

For example, the underground parking garage of a real estate was sold by the developer to individuals, which led to the increase of parking fees in the community, which led to the phenomenon that the owners could not park the garage with free parking spaces, which indirectly infringed on the interests of the owners.

In contemporary society, there is really no way to solve the property contradiction between the owners of residential quarters and property management companies. If it is settled through self-negotiation, it can be settled through arbitration or litigation. Whether it is an arbitration institution or a people's court, it will be handled fairly according to the evidence submitted by both parties.