What are the common problems in property management?

Common disputes in property management

I. Property disputes without property service contracts

In practice, many property management companies have not signed written contracts with the owners' committees or owners, and even real estate developers have sent "people" to manage the real estate themselves, and have not gone through the formalities of entrusting property management companies or signed 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.

Second, the standard of property fees

The collection of property fees should follow the principles of rationality, openness and suitability for service, and the collection standards 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 General Principles of the Civil Law, and the owners or owners' committee may, at their discretion, give them economic compensation equivalent to the amount of losses.

Three, the owner refused to pay the property management fee dispute

Paying the property management fee as agreed is a basic contractual obligation of the owner, but in practice, the causes of such disputes are very complicated. Therefore, to deal with such disputes, we should proceed from reality and deal with them according to different situations: if the owners refuse to pay the fees unreasonably, the owners' committee should instruct the owners to pay the property management fees in accordance with the contract and bear the liability for breach of contract for late payment; If the owner refuses to pay the fee because the service quality provided by the property management enterprise can't meet the standard stipulated in the contract, it belongs to the property management enterprise's default first, and the owner's refusal to pay the fee belongs to the act of exercising the right of defense in the performance of the contract, which is a self-relief means adopted according to law. In this case, according to the existing service quality provided by the property management enterprise, the service fee payable by the owner can be appropriately reduced (except the maintenance fee payable); For disputes caused by owners' refusal to pay fees due to unreasonable allocation of public fees, the relevant owners should be instructed to pay their respective share of property management fees and maintenance fees on the basis of reasonably determining the expenses that should be shared by the owners in accordance with the relevant provisions of the competent government departments; If the property management enterprise arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, and the owner refuses to pay, the owner may ask the property to provide the price audit standard and pay the property management fee according to the standard approved by the price department. If a property management enterprise increases service charges and unreasonable charges without the permission of the owner, it shall be regarded as arbitrary charges and excessive charges, and the owner has the right to refuse to pay. In addition, in the process of handling such disputes, we should also pay special attention to reviewing whether the charging standards of property management enterprises have been audited by the price department and whether they are clearly marked; Whether there is an agreement on the charges for special services in the contract between the owner and the property management enterprise; Whether the property fees agreed in the contract can be collected in advance, whether the time limit for collecting in advance is in line with the law, and so on.

Fourth, property management companies breach of contract.

The default behavior of property management enterprises is mainly manifested in: poor maintenance and management of public parts and facilities; Failing to perform the management duties of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment; Without the consent of the owner, others shall not be allowed to use the property to set up advertising and other business facilities, or to contract out the right to operate the property to others. If a property management enterprise fails to provide services according to the contract requirements or the quality of services provided does not conform to the contract, it is a breach of contract and shall be ordered to bear corresponding liabilities for breach of contract. If a property management enterprise, in violation of the contract, sells or rents the parts of the property to others for operation or sets up billboards, it shall be ordered to immediately restore the original state and cause losses to the owners or users, and the property management enterprise shall be liable for compensation. Accordingly, property management enterprises should obtain the written consent of the owners or owners' committees and go through the examination and approval procedures with the relevant departments when using the property to set up business facilities. After deducting the agency fee of the property management enterprise, part of the income from the approved operating facilities is used to subsidize the service fee of the property management enterprise, and the other part is included in the maintenance fund. If a property management enterprise contracts out the property management right to others without authorization, if its behavior infringes on the legitimate rights and interests of the owners, its contracting-out behavior shall be deemed invalid, and the property management enterprise shall bear the liability for breach of contract according to law.

Five, property management companies to stop power supply, water supply, gas supply and other measures to deal with disputes.

In order to force owners to pay management fees, property management companies often take measures such as power failure, water cut-off and gas cut-off when owners cannot pay according to their requirements. Such disputes should be analyzed on a case-by-case basis. If it is agreed in the property management contract that measures such as water, electricity and gas can be taken against the owners who are in arrears, it shall be agreed. In the absence of a contract, the different characteristics of the charging items should be analyzed in detail. Property management fees are mainly divided into public expenses such as sanitation and cleaning, maintenance of public facilities, security and greening. , utilities, gas, cable TV and other public service fees. , and special service charges. If the owner only owes the public * * * or special service fees, and does not owe the service fees of public institutions, the property management enterprise can't take measures such as water supply and power failure, otherwise it belongs to infringement; If the owners or users default in paying the service fees of public institutions, so that the property management enterprise fails to pay the relevant fees, resulting in water supply, power supply, gas supply and other departments cutting off water, electricity and gas, the property management enterprise will not be responsible.