How to protect the rights of owners with imperfect supporting facilities in residential areas? Ask the great gods to help, and it is best to give detailed instructions on how to do it, and the reward

How to protect the rights of owners with imperfect supporting facilities in residential areas? Ask the great gods to help, and it is best to give detailed instructions on how to do it, and the reward can be added. There are reasonable and legal ways for owners to protect their rights: First, bring administrative reconsideration and administrative litigation to the local real estate administrative department. The second is to file a civil lawsuit against developers and property management companies for breach of contract or infringement. Breach of contract refers to the sales contract and property service contract signed by the owner and the property management company.

Legal analysis

There is an administrative way for owners of residential quarters to protect their rights, that is, complaints. For the problems in residential district planning, real estate license handling and housing quality, the owners can report to the local government construction administrative department, consumer rights protection association and quality supervision department. There are also legal channels to bring administrative reconsideration and administrative litigation to the local real estate administrative department. Bring a civil lawsuit against developers and property management companies for breach of contract or infringement. The rights in infringement include personal rights and property rights such as citizens' private property inviolability, owners' right to enjoy quality property management services, living environment rights 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. Submit to the arbitration organ for arbitration. In accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute shall be submitted to the arbitration institution with the right to manage, that is, the arbitration commission where the property management company is located.

legal ground

Article 4 of the Arbitration Law of People's Republic of China (PRC) * * * If the parties settle their disputes through arbitration, they shall voluntarily reach an arbitration agreement. If there is no arbitration agreement and one party applies for arbitration, the Arbitration Commission will not accept it.

Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property 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.