How can I solve the property dispute in the community? Can I ask for a change of security?

The two parties to the dispute reached an agreement through peaceful negotiations. The parties to the dispute reached an agreement through the intervention of a third party, mainly through the mediation of the local housing authority, neighborhood committees, neighborhood offices or mediation agencies of the town government. If the two parties to the dispute cannot reach an agreement, they can settle the dispute through arbitration and court proceedings.

Legal analysis

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". At the same time, in the terms of the contract, if it is an entrustment contract, it will generally be "Party A entrusts Party B", while the service contract is generally "Party A provides services for Party B". At the same time, at present, the ownership of the facilities and parts used in this property also involves maintenance and cost bearing. For example, which parts, facilities and equipment belong to all owners * * * * *; Use * * * for things belonging to some owners; Should the ownership of the underground parking garage with undistributed construction area belong to all owners or developers? If it belongs to all owners, how should the warrants be issued, kept and used, how should the proceeds be handled, how to raise the maintenance fund and how to share it? How to deal with the underground parking garage sold by the developer, how to determine the ownership of the above-ground multi-storey steel structure mobile parking space built by the developer, whether some owners or individual owners can file a lawsuit against it, and whether some owners or individual owners can file a lawsuit against the benefits of the facilities and parts used by * * *.

legal ground

People's Republic of China (PRC) Civil Code

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 949 Upon the termination of the realty service contract, the original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, relevant facilities and relevant materials required for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider in the handover work, and truthfully inform the use and management status of the property. If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.