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Where can I complain if I have a dispute with the property?
2. Do a good job before complaining. Try not to take the form of oral complaints, and try to submit them in writing;
3. Take a look at the property management agreement signed between you and the property management company before submission. Where did the property management company fail to fulfill its responsibilities, the evidence should be full and complete.
(A) property management disputes, summarized as the following, also commonly used:
1, the parties choose to settle through consultation;
2. The parties request mediation by a third party and administrative mediation by government departments.
3. Both parties agree to arbitration;
4. Judicial proceedings.
It is difficult to evaluate which of the above methods is superior or inferior, and the parties can decide for themselves. Self-selected negotiation is a way for both parties to resolve disputes through dialogue, and the latter three are ways to resolve disputes with the help of a third party.
(2) Dispute mediation, property management civil dispute mediation, including civil mediation and administrative mediation. 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 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.
(3) Arbitration of civil disputes over property management
1. Disputes of a civil nature can be settled through arbitration, mainly disputes based on contracts or property rights. 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."
2. The jurisdiction of the arbitration tribunal over property management disputes is determined according to the agreement of the parties. There are two ways of arbitration agreement: one is to stipulate a clause when the contract is concluded, stating that once a dispute occurs, it will be submitted to arbitration, which is called arbitration clause; Another way is to temporarily reach a written agreement and submit it to the arbitration tribunal after a dispute arises between the two parties. The arbitration agreement shall specify the following contents: 1, indicating the intention of requesting arbitration; 2. Arbitration matters; 3. Arbitration Commission to be determined. For example, a contract performed in Guangzhou stipulates: "Any dispute related to this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to Guangzhou Arbitration Commission for arbitration. " Disputes that fail to reach an arbitration agreement shall not be brought to court; Even if a lawsuit is filed, the court will not accept it.
legal ground
According to Article 48 of the Regulations on Property Management, the real estate administrative departments of local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.
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