Detailed explanation of disputes between property and owners

1. Both parties shall settle the dispute through consultation and mediation. Property management civil dispute mediation includes civil mediation and administrative mediation. 2. Solve property management disputes through arbitration. 3. Solve property management disputes through litigation.

A, how to solve the dispute between the owner and the property company?

(1) Both parties shall settle the dispute through consultation and mediation.

Property management civil dispute mediation includes 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 mediation, if one party refuses to perform the agreed matters, the dispute remains unresolved.

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.

(2) Resolving property management disputes through arbitration.

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."

The jurisdiction of the arbitration tribunal over property management disputes is based on the agreement approved by 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.

(1) The arbitration agreement shall contain the following contents:

1. Expression of intention to request arbitration;

2. Arbitration matters;

3. Arbitration Commission to be determined.

Note: Disputes arising from reaching an arbitration agreement shall not be brought to court; Even if a lawsuit is filed, the court will not accept it.

(two) the general procedure of arbitration is:

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, a summary procedure may be applied and the case shall be 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.

(three), through litigation to solve property management disputes.

The litigation procedure of civil disputes over property management generally has the following steps:

1. One party (plaintiff) submits a complaint and brings a lawsuit to the court;

2. After filing the case, the court will serve a copy of the complaint on the defendant;

3. The defendant filed a defense;

4. Court session: investigation, debate and mediation;

5, the production of mediation or first-instance judgment;

6. If neither party appeals, the judgment will take effect; Or one party refuses to accept the appeal and enters the second instance procedure;

7. Trial of second instance: making a conciliation statement of second instance or issuing a judgment of second instance, which is the final judgment, and the above contents shall not be mentioned;

8. implementation.

Second, the relevant provisions

Property management company dispute

(A) disputes based on property management contracts

According to the previous property management contracts signed by the owners and developers or between the owners' committee and specialized property management companies, both parties have established a series of rights and obligations. If the property company undertakes the obligation of safety and service. If the property management company reverses its dominant position in the market and fails to fulfill its obligations, it will ignore it, resulting in the owners not enjoying the service after paying the fees. Or, the owner refuses to pay the property management fee for various reasons. All these may cause controversy. Moreover, due to the immature development of China's current property management market system, the main cause of disputes is the inaction of property management companies, which in turn leads to various extreme events.

According to the first part of the Provisions on the Cause of Action of Civil Cases (Trial) issued by the Supreme People's Court, this kind of dispute is essentially a contract dispute. It should be handled in accordance with the contract law and other relevant laws.

(two) the property management company against the rights and interests of the owners of the dispute

First, the property management company also infringes the legitimate rights and interests of the owners, but because it is listed separately based on the property management contract, it is often a negative infringement. The second kind refers to disputes caused by property management companies' active infringement. For example, occupy the property of the owners, prevent the owners from setting up the owners' Committee, occupy all the property of the owners, and so on.

Generally, such disputes are not directly related to the performance of the property management service contract, and belong to general infringement disputes. The Supreme Court's Provisions on the Cause of Action of Civil Cases (Trial) points out that property management disputes are indiscriminately defined as contract disputes. Of course, the first category and the second category often occur at the same time, and there is competition. According to the general principles of civil law, the parties have the right to choose.

(3) Disputes caused by problems left by developers

After the owner moves in, there may be unclear pool area, unqualified or unqualified housing quality, and many promises made by the developer in the process of selling houses failed to be fulfilled on time. Strictly speaking, such disputes are not directly related to property management companies, but belong to disputes between owners and developers. But because these problems often appear after the owners move in, the property management company is responsible for the maintenance and management of the property.