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No matter how to deal with the disputed property in the community.
First, no matter how to deal with the disputed property in the community.
(1) administrative channels
Complain. In view of community planning, real estate license handling, housing quality and other related issues. , the owner can report to the local government construction administrative department, consumer rights protection association and quality supervision department. With regard to the property management of residential quarters, according to the Regulations on Property Management promulgated by the State Council, the owners can complain to the real estate administrative department of the local people's government at or above the county level where the property is located.
(2) Legal channels
1. Submit administrative reconsideration and administrative litigation to the local real estate administrative department.
2. Developers and property management companies file civil lawsuits for breach of contract or infringement. The "contract" in breach of contract refers to the sales contract and property service contract signed by the owner and the property management company. The "rights" in infringement include personal rights and property rights such as citizens' private property inviolability, owners' right to enjoy quality property management services and living environment, and citizens' consumption rights. When this kind of dispute occurs, the owner can bring the dispute to court or bring a lawsuit directly to the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.
3. Submit to the arbitration organ for arbitration. This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.
Second, safeguarding rights 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, one for each party, and one appointed by the Arbitration Commission as the presiding arbitrator; 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.
If there is a disputed property in the property community, both parties should first mediate according to the facts. If everyone can take a step back, then take a step back at the same time to achieve peace. If the two sides really fail to negotiate, they can collect relevant evidence and the relevant government departments will assist in mediation. Finally, if the problem cannot be solved, one party can bring a lawsuit to the court.
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