What are the causes of property management disputes?

With the rapid development of China's real estate industry, the number of property management disputes is also increasing year by year. Frequently encountered problems, such as the property company's failure to perform its contractual obligations; Property disputes have always been the focus of attention of owners and property companies. 1. What are the common problems in property management disputes? 1. In the practice of property disputes without a property service contract, many property management companies did not sign a written contract with the owners' committee or the owners, and even the real estate developers sent "people" to manage the property themselves, did not go through the management procedures of entrusting the property company, and did not sign a property management contract with the owners. 2. Property fee standards The collection of property fees should follow the principles of reasonableness, 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. 3. It is a basic contractual obligation of the owner to pay the property management fee as agreed, 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. 4. Breach of contract by property management companies The breach of contract by property management companies 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. 5. Dealing with disputes caused by measures such as power failure, water cut-off and gas cut-off by property management companies 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. 2. Does the owner have the right to check the income and expenditure of the property management enterprise? Only the owners' committee can ask the relevant audit department to audit. Because ordinary owners do not have professional financial qualifications, even professional financial personnel cannot provide legal audit certificates in their personal capacity. If every owner can abuse his audit right, it will only seriously interfere with the normal operation of the management company. In the legal relationship of property management, the owner should pay the property fee to the property management company, the owner is the debtor and the property management company is the creditor; In the relationship of house sales, the owner is the creditor and the developer is the debtor.

Legal objectivity:

Article 12 of the Property Management Regulations stipulates that if the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it. "Regulations on Property Management" Article 48 The real estate administrative department of the local people's government at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.