What is the cause of action for the property's failure to perform its responsibilities?

The main causes of property disputes are: property fee disputes, housing quality problems, nonstandard property services, and obstacles in property communication. The specific handling of property disputes should be strictly based on practical reasons. If there is any objection, the evidence can be submitted to the court for handling.

1. What is the cause of the property dispute?

1. Property fee. Property fee is the most common problem in property service disputes. However, there are many other problems hidden behind the arrears of property fees. As an external phenomenon, owners' default on property fees has its roots: the housing quality problems left by real estate developers have not been properly solved, and the contact between real estate developers and property companies is unclear, which leads to contradictions between owners and property service companies; The property service company's service is not in place, and the content of the property fee is unreasonable. The owner countered by not paying the property fee.

2. Legacy housing quality problems

Such problems are mainly manifested in the following aspects: the quality of housing projects can not satisfy the owners in the process of use, such as cracks in the ground, poor flue, water seepage on the roof or bathroom, etc. However, developers are lazy to fulfill their maintenance obligations and adopt the attitude of first-class, second-class and third-class. After the warranty period expires, they will "dump their burdens".

3. The quality of property services is not up to standard.

The reason why most owners owe property fees is because the property company has not fulfilled its contractual obligations and the service quality is not in place. Many owners will submit photos of the current situation of community management to the court, such as no greening, damaged public facilities, untimely maintenance, dereliction of duty of security and so on.

4. There are obstacles in communication between the property and the owners.

There is a service contract relationship between the property company and the owner, and their legal status is equal. But in reality, some property companies think they are community managers, and the owners are the objects to be managed; The owner thinks he is the master and the property management company employs him. Owners and property management companies have their own understanding of the legal relationship between them, so their understanding of rights and obligations is quite different, which leads to obstacles in communication between the two sides.

Second, the relevant provisions of the "Property Management Regulations"

Article 30

The construction unit shall, in accordance with the provisions, allocate the necessary property management houses in the property management area.

Article 31

The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state.

Chapter IV Property Management Services

Article 32

Enterprises engaged in property management activities shall have independent legal personality.

The State Council construction administrative departments shall, jointly with relevant departments, establish a joint incentive mechanism for trustworthiness and a joint disciplinary mechanism for dishonesty, and strengthen the integrity management of the industry.

Article 33

A property management area is managed by a property service enterprise.

Article 34

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 36

When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 37

The ownership of the property management house belongs to the owner according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house.

Article 38

When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.

The specific cause of action of property disputes depends strictly on the actual situation, especially the handling methods of different property disputes are different. However, if both parties can reach an agreement through consultation, it is not necessary to submit it to the court for prosecution, and the specific situation is decided by the court.