How to deal with the fight between the property staff and the owner

Under normal circumstances, you won't fight with the owner of the property, but there are special and exceptions in everything. So what should you do if the property hits the owner? Next, I would like to introduce to you the knowledge about how the owners handle their own related aspects, hoping to help you solve the corresponding problems.

First, how to deal with property owners?

In civil mediation, the two parties to a dispute jointly select an institution and an individual, and the third party proposes a solution according to the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. However, such mediation has no legal effect. After the mediation, if one party fails to implement it, all previous efforts will be in vain. Administrative mediation of property management disputes shall be conducted by the power of the competent government, but if one party fails to comply with the implementation, it must be resolved through other means. Civil mediation and administrative mediation are different from arbitration or litigation mediation. Mediation in arbitration or litigation is a link in arbitration procedure and has no independence.

Disputes that can be resolved through arbitration should be civil disputes, mainly based on contracts or property rights disputes. According to the provisions of China's Arbitration Law: "Contract disputes and other property rights disputes between citizens, legal persons or other organizations with equal subjects may be arbitrated."

Second, whether the stolen property should be compensated.

According to the Guiding Opinions on Using the Title of "Order Maintainer" issued by China Property Management Institute (China Material Association [2008] 1No.), the staff engaged in order maintenance and assisting in security prevention in the property management area are called "Order Maintainers" by property service enterprises.

In other words, the "security" obligation of the property company belongs to the preventive nature, and its responsibility is limited to the preventive security work in the public areas of the property community. The purpose is to maintain the order of the public area of the property community and create a safe living environment for the owners, which is essentially different from the public security organs in maintaining social order and protecting the legitimate rights and interests of citizens. Theft belongs to public security or criminal cases. The thief is a direct infringer, and the loss of the owner should be compensated by the actor after the public security organ has solved the case. If there is no obvious fault in the process of providing services, the property management company will not be responsible for the losses of the owners.

How to define whether a property company is at fault depends on the property service contract signed between the property company and the owner and whether the property company strictly fulfills its contractual obligations. For example, the contract stipulates that security guards patrol regularly and irregularly, guards are on duty, and anti-theft devices are installed. If the property management company has taken effective preventive measures in accordance with the contract requirements in providing services and fulfilled its obligation to protect the property safety of the owners, it will not be liable. Of course, in the case of special agreement between the owner and the property management company on safety precautions, if the property management company violates the agreement and causes the owner's property to be stolen, the owner may require the property management company to bear the liability for compensation according to the agreement.

3. If the property refuses to be repaired, can the owner refuse to pay the property fee?

Under normal circumstances, the court will support the application of the property management company. Property management contract and house sales contract are two different legal relationships, and the defense of house quality cannot oppose the right of claim for property fee payment. If one party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, and the principle of relativity of contracts. Housing leakage should be protected through negotiation or litigation with the developer, but if the property management company provides corresponding services as agreed in the contract, it should pay the property fee as agreed.

The above is the relevant knowledge about how to deal with property owners. The owner should negotiate first. If there are other injuries, you should call the police and claim compensation from them after disability identification. If you don't know anything or have other questions, you can consult a lawyer.