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How does the owner sue the industry Committee
Thirty-first members of the owners' committee shall, within 3 days from the date of termination, hand over the archives, seals and other property belonging to the owners' assembly to the owners' committee.
When the owners' committee does nothing about the property dispute, the process of the owners' prosecution is to collect relevant evidence, prepare a civil lawsuit and submit it to the civil court where the property service company is located. As long as the prescribed conditions for filing a case are met, the court will send a notice of filing a case to the plaintiff three days before the trial, informing the time and place of the trial.
Prepare a civil lawsuit. Bring a lawsuit to a people's court with jurisdiction and submit relevant evidential materials. Attend and participate in litigation activities on time according to the notice of the people's court. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried the case or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. What if the owners' committee does not act? According to the documents and materials, I will report to the local streets, communities and housing management offices and ask them to supervise and perform their duties. In accordance with the rules of procedure of their own community, they asked for an interim owners' meeting to recall the members of the industry Committee. Property dispute litigation process: plaintiff sues. After accepting the case, the court served a copy of the indictment on the defendant. The defendant shall submit a reply within fifteen days, and the court shall serve a copy of the reply to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial. If a court session is decided, the parties concerned shall be notified and announced three days before the court session. The court investigation stage includes: the statement of the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. The verdict was announced.
Legal basis:
Regulations of People's Republic of China (PRC) Municipality on Property Management
Fifth the State Council construction administrative departments responsible for the supervision and management of the national property management activities. The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Article 67 If, in violation of the provisions of these Regulations, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
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