Is it the responsibility of the property to mediate disputes between owners?

Mediation of disputes between owners is not the obligation of the property, and disputes between owners can be mediated by grassroots community committees. The property company accepts the entrustment of the owner to provide property services, and the property company participates in mutual communication from the perspective of neighborhood harmony. Specific statutory responsibilities, property companies have not been given this power. Where there are other provisions in the law, those provisions shall prevail.

Legal analysis

If the contradiction between the owners is about the infringement of the house, the property company has the obligation to participate, because the property, as the manager of the public area, must make reasonable judgments and suggestions on the contradiction between the owners in the house, so as to avoid any party shifting the responsibility to the property company. It is necessary for property management companies to distinguish whether the contradiction between owners is caused by the damage of public areas. If so, the property management company should also bear the corresponding responsibilities. If it is the responsibility of one of the owners, the property management company should also give clear feedback and keep the evidence. Property companies have no right to do so. If the property company is unable to mediate disputes between owners, it shall inform the parties to further mediate in the neighborhood committees or street people's mediation organizations, or it may inform the parties to bring a civil lawsuit to the local people's court in accordance with China's civil procedure law. In doing so, the property company is further intensifying the contradiction between the owners, and the property company cannot be immune to it. Property companies tend to deal with disputes between owners too much. The infringed owner can complain to the local housing management department about the illegal behavior of the property company, or report the illegal behavior of the property company to the local electricity and water departments. The professional level of property staff is really poor, so they should be trained before taking up their posts.

legal ground

Article 278 of the Civil Code of People's Republic of China (PRC): (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.