How to sue the property for irregular management of the community?

In fact, for the owners' friends, their daily rights in the community are relatively small, because many times the property company directly operates, so there is no way to stop the behavior of the property, so we can only set up an industry Committee to directly replace the property company. So, how to sue the residential property for inaction? Let's take a look together.

First, how to sue residential property omission

Owners suing property companies should:

Prepare to sue. (1) Investigation and evidence collection. First of all, one or several people should do a good job of taking photos and videos. In the process of taking photos and videos, the name or personnel of the property management company must be photographed or entered. Sometimes, in order to prove the property company's continuous breach of contract, it is necessary to take photos and videos for several days. (two) to understand the legal relationship with lawyers. You can consult the law firm about the relevant legal relationship and get an accurate understanding. (3) Set aside a certain amount of time. Evidence collection and litigation take a lot of time and are very complicated. We should be prepared psychologically and in time.

Write civil complaints, draft litigation requests, and list relevant evidence. Article 108 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court. Article 109 A lawsuit shall be filed with the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed. (a) the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person; (2) the request and the facts and reasons on which it is based; (3) Evidence and its sources, names and residences of witnesses.

2. Who formulates the owners' convention?

Owners refer to the owners of the property, and owners can conclude an owners' convention to maintain the normal operation of the community. Owners' convention refers to a contract on the use, maintenance and management of property that is promised by the owners and binding on all owners. The rules of procedure of the owners' congress are legal documents formulated by the owners with the same decision to regulate the organization and behavior of the owners' congress.

Owners' convention, also known as property management convention, refers to the code of conduct that all owners promise and are binding on all owners, regarding the rights and obligations of owners in the use, maintenance and management of property. This is an important document in property management, which is generally revised and supplemented by the management committee according to the model text formulated by the local government and combined with the actual situation of the property, and takes effect after being discussed and approved by the owners' meeting.

According to the provisions of China's Property Law, it is also possible with the consent of your owners' committee according to the specific circumstances. In addition, the meaning of the owners' committee also represents the meaning of all owners. This convention does not violate the law and will have specific legal effect.

Third, how to replace residential property?

(1) Start the preparatory work and set up the preparatory group.

Changing property companies is not a matter for individuals or families, but a matter for a community. Therefore, if you want to change the property, you must set up the preparatory group and the owners' meeting, and then the right to speak will be high.

(two) to apply for assistance to the receiving office.

There are street offices in many places. Because changing the property management company is not a trivial matter, it is best to ask the office for help, so as to win more benefits.

(3) directly consult with the developer.

Generally speaking, property companies are directly certified by developers, and some are also property companies owned by developers. However, if you want to change the property company, you can also negotiate directly with the developer.

(4) find a lawyer to deal with it.

If the above methods can't be solved, you can only find a lawyer to deal with it. It is suggested that community owners can find lawyers who are more professional in property law and have a greater chance of winning the case.

The above details how to sue the residential property for inaction. To sum up, I remind you that in fact, in life, the owners' convention is an open contract signed by the owners and has strong binding force. In this way, everyone's behavior can be restrained to the greatest extent. If you have any legal questions, it is recommended to consult a professional lawyer.