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Which department will solve the property dispute?
Legal analysis
The Property Management Regulations stipulate that owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws, regulations, management protocols and property management contracts. Second, third-party mediation General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located. Three. Complaints about disputes between owners and property management companies, owners can complain to the real estate administrative departments of local people's governments at or above the county level according to Article 49 of the Regulations on Property Management. Four. Bring a lawsuit or submit it to an arbitration institution for arbitration. If the owner can't solve the dispute through the above methods, he can bring a lawsuit to the people's court with jurisdiction or submit the dispute to the arbitration institution with management right, that is, the arbitration commission where the property management company is located, for ruling according to the property service contract. Legal basis: Article 128 of the Contract Law of People's Republic of China (PRC), the parties may settle contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.
legal ground
property management regulations
Fifth the State Council construction administrative departments responsible for the supervision and management of the national property management activities. The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
Forty-eighth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property service enterprises in property management activities.
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