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What should the owner do if he is not satisfied with the property service?
In a residential area in Yuhong District, Shenyang, the owners encountered a similar situation. They have been dissatisfied with the service of the property management company. Whether it is access control security or parking service, the service of the property is not in place, which makes everyone feel unbearable. But the community owners have to bear it. Because they tried to fire the property company, but they never succeeded. The reason is not because two-thirds of the owners can't agree, but because the community has so far been unable to convene a general meeting of owners and set up an owners' Committee. Tools/Raw Materials Article 81 Steps/Methods of Property Law Occupancy rate and occupancy period become obstacles to rights protection. Article 81 of the Property Law stipulates that "owners can manage buildings and their ancillary facilities by themselves, or they can entrust property service enterprises or other managers to manage them. The property service enterprise or other management personnel hired by the construction unit have the right to replace it according to law. " The law gives the owners the right to dismiss the property management company, but to change the property management company, we must first set up a legal owners' Committee, which is itself a difficult problem. Owners' committee, referred to as "industry committee", refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management enterprises. Owners believe that the power base of the industry committee is its ownership of the property, which represents all owners of the community and has the right to decide all major matters related to the property. Although endowed with great responsibility and power, there are not many owners' committees in various communities in Shenyang at present, and the most critical reason is that it is difficult to set up owners' committees. According to the current policy, there are two basic conditions for the establishment of owners' committees in residential areas. One is that the occupancy rate of the owners is above 50%, and the other is that the first house has been sold and delivered for two years. Only by meeting these two conditions can we apply for convening the owners' meeting and establishing the owners' committee according to law. However, the owner of this residential area in Yuhong District has no choice but to say that due to the unsatisfactory sales of the park, the current occupancy rate is less than 50%, and the owner only moved in last year. They have been fully prepared for only one year, and neither condition meets. Naturally, it is impossible to set up an owners' committee to exercise property speculation. Faced with this situation, owners can't help wondering, can't we tolerate that the previous property didn't set up an owners' committee for two years? Lawyer Yang Gonghan, director of Liaoning Tai Ding Law Firm, believes that in the absence of owners' meeting or owners' committee, according to Article 81 of the Property Law, the owners still have the right to change the property service enterprises or other property service units or individuals selected by the construction unit according to law. Owners can directly negotiate with the construction unit or developer, or directly negotiate with the property company to terminate the property service relationship and choose their own property. If negotiation fails, as the owner, it can be settled through litigation according to the provisions of the Property Law. In the course of litigation, the owner may file a lawsuit in his own name or jointly file a lawsuit with other owners. Of course, the owner can also elect the owner's representative to represent the owner in litigation.
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