What should I do if the property issues arbitration on property fees?

The arbitration procedure for property fee disputes is generally 1, and an application is made; 2. file a case; 3. The respondent shall reply within the prescribed time limit; 4. hearing; 5, the production of mediation or mediation has not made a ruling; 6. The parties apply to the court for enforcement.

1. What is the general procedure for property fee dispute arbitration?

The general procedures for cracking down on property fee disputes include the following aspects:

1. One party submits an arbitration application to the Arbitration Commission, which shall decide;

2. The Committee decides whether to file a case within 5 days after receiving the application;

3. After filing the case, send the arbitration rules and the roster of arbitrators to the applicant within the prescribed time limit, and send a copy of the arbitration application, the arbitration rules and the roster of arbitrators to the respondent.

4. The respondent shall reply within the prescribed time limit, and both parties shall determine the arbitrator according to the roster. The ordinary procedure consists of three arbitrators and one arbitrator each.

A presiding arbitrator will be appointed; If the case is simple and the subject matter of the dispute is small, summary procedure can be applied and tried by an arbitrator;

5. Trial: trial investigation, cross-examination, debate and mediation proposal;

6, the production of mediation or mediation has not made a ruling;

7. The parties apply to the court for enforcement.

Different from the two-instance final adjudication system in judicial trials, the public verdict is final.

Second, how to deal with property management disputes

1, property service contract dispute

Many owners' committees often have no clear definition of the nature of property contracts when signing contracts with property management. Some communities have signed "service contracts" and some communities have signed "entrustment contracts".

This is because the understanding of the property management service contract is different. If the two parties sign a property entrustment contract, it means that the property management enterprise is entrusted by the owner to manage the community, and the owner and the property management enterprise are entrusted and entrusted.

In the case of entrustment relationship, once there is a problem in community management, such as theft, the consequences have nothing to do with the property company; At the same time, because the client of the entrustment contract can terminate the contract at will without any reason, it is not conducive to the stability of residential property management.

Solution: 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".

2. Disputes over the relationship with the developer

Article 24 of the Regulations on Property Management stipulates the principle of separating real estate development from property management, and property management enterprises should be selected through bidding. But today, most residential property management enterprises are derived from developers. Even if bidding is implemented, property management companies derived from developers are still in an advantageous position and often win the bid, because it is difficult to truly establish a fair competitive bidding mechanism. This "father-son relationship" between construction and management is still widespread. When disputes such as property quality or unrealistic promises in sales occur, property management companies often refuse to handle them on the grounds that they are two independent legal persons and have nothing to do with developers, while developers are often project companies, which will not exist after construction settlement, and contradictions such as after-sales service and warranty cannot be solved.

Solution: After the owners living in the community meet the requirements, that is to say, the building area of the houses that have been sold and delivered in the community has reached more than 50%, or the first house has been sold and delivered for two years, the owners' meeting must be held in time to set up the owners' committee to safeguard their rights and interests through the owners' committee.

3. Disputes over public facilities.

For example, the underground parking garage of a building was sold to individuals by developers, which led to the increase of parking fees in the community, which led to the phenomenon that the owners could not park in the garage, which indirectly infringed on the interests of the owners.

This kind of dispute actually involves the question of who is the "owner" of the community public facilities, whether it is the developer or all the owners. In the "Property Management Regulations", only parking spaces are clearly defined at present, that is, "motor vehicle parking lots (garages) in residential areas should be provided to owners and users in residential areas. Parking spaces shall not be transferred to units and individuals outside the community; If there is a parking space, it can be temporarily rented to units and individuals outside the property management area. " And there is no regulation on the ownership of facilities and parts used by * * *.

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? For the underground parking garage sold by the developer, how to determine the ownership of the ground multi-storey steel structure mobile parking space built by the developer, whether some owners or individual owners can file a lawsuit against it, whether some owners or individual owners can file a lawsuit against the facilities used by * * *, and how to deal with the income of * * *. At present, there is no express provision.

Solution: At present, this series of problems need to be formulated by relevant departments. But in general, owners still need to raise their awareness of rights protection and find and solve problems in time.

4. Property fee disputes

Disputes over property fees come from two aspects: first, the cost items included in property fees; Second, property fees cannot be collected.

Generally speaking, the property fee refers to four items: security fee, cleaning fee, greening fee and management fee. However, for many owners, it is easy to confuse these four items with the extra daily maintenance fees of public facilities and equipment and the energy consumption of elevator pumps. At the same time, because some property management companies issue invoices and some give receipts after collecting property fees, many owners are not clear about what "property fees" they pay. Therefore, the collection rate of some communities is quite low, and some even as low as 20~30%, which makes the property management unsustainable and causes the psychological imbalance of other paying owners. Article 4 1 of the Property Management Regulations only talks about the issue of reasonable public fees, but does not list the composition of basic property service fees, resulting in the strange phenomenon of not paying what should be paid and paying what should not be paid.

Solution: In terms of fees, the property management company should list all relevant fees on the receipt of the relevant property fees paid to the owners, instead of simply replacing the names of various fees with the names of "property fees".

To sum up, when encountering disputes over property fees in China, we should first keep calm, avoid conflicts and choose legal channels to safeguard our own interests. You can apply for arbitration through the above procedures and effectively safeguard your rights according to law. This is the most correct solution.