Cause of action of property civil dispute

It is a civil dispute for the property company to sue the owner. According to Article 944 of the General Principles of Civil Law of People's Republic of China (PRC), the owner has the obligation to pay the property fee, and the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. (1) Property disputes without property service contracts. In practice, many property management companies have not concluded written contracts with owners' committees or owners, and even real estate developers have sent "people" to manage their properties, failed to handle the management procedures entrusted by property management companies, and failed to conclude property management contracts with owners. In the absence of contracts and regulations, we should pay attention to a prominent problem in dealing with property management disputes: the qualification of property management enterprises. Property management enterprises to carry out property management services, in addition to handling the registration of related enterprises, should also have the corresponding grade qualification, charging qualification, and have the relevant certificates issued by the competent government departments. For those who do not have legal qualifications but are engaged in property management and have property management disputes, with the consent of the owners' committee or owners, the property management enterprise is required to reissue relevant documents within a time limit and sign a property management contract with the owners' committee or owners, but the property fee before reissue the documents is only charged at a reasonable fee. (2) Regarding the standard of property fees, the collection of property fees should follow the principles of reasonableness, openness and suitability for service, and the collection standard should be strictly implemented in accordance with the contract. The property management service fee for ordinary houses is the government-guided price. When determining the fees, it should be based on the reasonable cost of property management services and the comprehensive calculation based on the economic affordability of the owners. Other houses must be approved by the owners or the owners' committee. If the parties fail to reach an agreement on property management, it means that the parties have not agreed on the matters of property management, nor have they agreed on the charging standards and payment methods, so the service contract relationship between the parties is not established; If a property management enterprise manages a residential area and thus suffers losses, it may refer to the principle of negotiorum gestio in the Civil Code, and the owners or owners' committee may, at their discretion, give it economic compensation equivalent to the amount of losses suffered as a result of providing services. (3) It is a basic contractual obligation for the owner to refuse to pay the property management fee as agreed, but the causes of such disputes are very complicated in practice. (1) A competitive mechanism should be introduced in selecting and hiring property companies. It is the owner's right to select and hire property companies mainly by public bidding and supplemented by negotiation, and the owners' committee (a real estate development enterprise for the first time) will exercise this right on behalf of the owner. In the property management market, it is necessary to establish a two-way selection mechanism between the supply and demand sides, that is, the owners' Committee can choose the property company independently; Property companies can also decide whether to accept the employment of the owners' committee. Under normal circumstances, a relatively independent and complete property area should be managed by a property company. (2) Having a good reputation and rich experience in property management is the most important criterion for choosing a property management company. When choosing, you should know the background, past performance, current service status, 1 and personnel quality of the property management company. The quality of managers and operators in property management is extremely important. Good personnel quality does not mean that property management personnel must have high academic qualifications, but should be familiar with the business. Of course, people in different positions have different requirements. When examining and approving the qualifications of property management companies, administrative departments only emphasize the number of professionals, without considering how to allocate them. A property management company should have professional technicians to check several major links. Such as structural engineering technicians, mechanical and electrical engineering technicians, financial accountants, management professionals and so on. 2. Social reputation. Social reputation is the main factor to be investigated when choosing a property management company, and it is also the prerequisite for choosing a partner under the market economy. The quality of social reputation is mainly reflected in the following aspects: no complaint record; The residential areas under management were rated as national excellent management areas; The rent and occupancy rate of commercial buildings managed are higher than those of similar buildings in the same period; He hasn't been fired since he accepted a fortune. 3. The charge is reasonable. Property management service charges must be legal and reasonable. The state has certain standards for property management fees, and the price management department should also control them. Within the scope permitted by the policy, the quotation of enterprises will be different, and enterprises with reasonable fees should be selected. 4. Manage quality. We should check the properties managed by property management companies to see the standards of various services and the measures taken in management. (3) The method for the owners' committee to supervise the property management company, 1. Financial supervision. The owners' committee must supervise the financial revenue and expenditure of the property company, require the property company to publish the revenue and expenditure regularly, and put forward opinions on unreasonable expenditure. 2. System management. Supervise the daily institutionalized work of property management companies. For example, 24-hour security patrol system, mechanical and electrical equipment maintenance system, vehicle storage system and so on. , check whether the system is implemented, whether there are loopholes, and whether the problem is rectified immediately. 3. Regular working meetings. The owners' committee should meet with the property company every month to reflect the residents' opinions and do a good job of "bridging".

Legal objectivity:

"Property Management Regulations" Article 42 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Sixty-seventh in violation of the property service contract, the owners failed to pay the property service fee, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.