What is the dispute with the property?

Settlement of property disputes: (1) The property company and the owner shall negotiate first; (2) The parties may seek mediation from the neighborhood committee or village committee; (3) If the parties are not satisfied with the mediation result, they may bring a lawsuit to the court, or they may bring a lawsuit directly to the court without mediation. Article 186 of the Civil Code stipulates that if one party violates the contract and damages the other party's personal rights and property rights, the injured party has the right to choose to ask him to bear the liability for breach of contract or tort. Article 186 If a party breaches the contract and damages the personal rights and property rights of the other party, the injured party has the right to choose to require it to bear the liability for breach of contract or tort. Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation. First of all, the way to solve property disputes is negotiation between the two sides. If negotiation fails, the parties may apply to an arbitration institution for arbitration, or bring a civil lawsuit directly to the people's court. (1) Property management fee dispute. Solution: In terms of fees, the property management company should list all relevant fees on the receipt of the relevant property management fees paid to the owners, instead of simply changing the names of various fees into the names of "property management fees". (2) Disputes over signing property contracts. Solution: When signing a property management contract, it should be noted that the nature of the contract should be a service contract, not an entrustment contract. The easiest way is to look at the name of the property contract first. If it is a service contract, the name of this contract is generally "property management service contract", not "property management entrustment contract". At the same time, in the terms of the contract, if it is an entrustment contract, it will generally be "Party A entrusts Party B", while the service contract will generally be "Party A provides services for Party B". (3) Disputes in which the right holder of public facilities is unknown. Solution: At present, this series of problems need to be formulated by relevant departments. But in general, owners still need to raise their awareness of rights protection and find and solve problems in time. In order to correctly hear property service dispute cases and protect the legitimate rights and interests of the parties according to law, this interpretation is formulated in accordance with the relevant laws and regulations of the Civil Code and combined with civil trial practice. Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it. Article 2 In any of the following circumstances, if the owners' committee or the owners request to confirm that the contract or the relevant clauses of the contract are invalid, the people's court shall support it: (1) the entrustment contract signed by the property service enterprise to entrust all the property service businesses in the property service area to others; (2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners. The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract. Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract. Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction. Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them. Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

Legal objectivity:

Forty-eighth "People's Republic of China (PRC) Rural Revitalization Promotion Law"