Legal provisions involved in property contract disputes

The dispute between the property and the owners is mainly based on the Property Management Ordinance, which stipulates that the owners' meeting shall be established in the first property management area in Kujou Hajime. The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee. Article 35 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. Article 36 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. Characteristics of property management disputes 1. At present, China has basically realized the commercialization of housing, and property management dispute is a new type of case with the commercialization of housing and the marketization of housing management. In recent years, people's requirements for living conditions and living environment are getting higher and higher, which drives the real estate development industry to heat up. The supply of houses in various places is in short supply, and house prices are constantly being renovated, which is followed by an increase in property management disputes caused by buying houses year by year. This trend is widely manifested in courts all over the country. 2. From the subject of litigation, compared with the individual owner, the property service enterprise, as an enterprise, is still a strong subject, and generally there are relatively fixed professional lawyers responsible for the legal business of the enterprise. Therefore, it has advantages over the owner in legal knowledge, evidence collection, litigation experience, and even avoidance of responsibility in the contract. Therefore, for this new type of property management dispute, because it has not been produced for a long time in our country, both the judges trying the case and the property service practitioners are still in the stage of continuous exploration, so it is not surprising that the owners are not worth the loss in the lawsuit. 3. From the analysis of the cause of action, the cause of action brought by the property service enterprise as the plaintiff is relatively simple. Almost all the cases of 107 are due to the default of property management fees, while the 27 cases brought by the owner as the plaintiff show a diversified trend in the cause of action, including the breach of contract caused by the service provided by the property service enterprise not meeting the contract requirements, the property service enterprise increasing the management fees or occupying the green space without authorization, and the litigants usually file a lawsuit as the plaintiff when their rights are infringed. The oneness of the rights and obligations of the property company is the oneness of the rights and obligations for the owners, which determines the oneness of the cause of action of the property service enterprise and the diversity of the cause of action of the owners.