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Which department is most afraid of the legal basis for complaining about shopping mall property?
Three ways of complaint that property fears most.
First, complain about the property according to specific problems and prescribe the right medicine.
1. Complain to the Property Department of the Housing Authority, the competent government department, about the unqualified service of the property company. If the property management company does violate the rules, the competent department may punish the property management company.
Legal basis: Article 5 of the Regulations on Property Management. The State Council construction administrative department is responsible for the supervision and management of the national property management activities.
The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
2. Property companies rarely issue invoices for fees. With the receipts of property fees and parking fees, they can call the complaint telephone number of the tax bureau 12366 to report tax evasion by the property company.
Legal basis: Article 19 of the Measures for the Administration of Invoices in People's Republic of China (PRC). Units and individuals that sell goods, provide services and engage in other business activities collect money from outside, and the payee shall issue an invoice to the payer; Under special circumstances, the payer will issue an invoice to the payee.
Article 201 of the Criminal Law of People's Republic of China (PRC) * * * A taxpayer who makes false tax returns or fails to make tax returns by deception or concealment, and evades paying a large amount of tax, accounting for more than 10% of the tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, accounting for more than 30% of the tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
3. littering electric cars, shoe racks and garbage in the corridor. Take photos and videos to keep evidence, and call the fire department at 96 1 19 to complain.
Legal basis: Article 28 of the Fire Protection Law: "No unit or individual may occupy, block or close evacuation passages, fire exits and fire truck passages."
4. Trace the use of special maintenance funds, use public maintenance funds without the consent of two-thirds of the owners, or illegally obtain false materials.
Legal basis: Measures for the Administration of Special Maintenance Funds for Dwellings Article 22 Before the funds are handed over to the owners' congress for management, the following procedures shall be followed:
(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects; If there is no property service enterprise, the relevant owners will put forward suggestions for use;
(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;
Article 60 If anyone misappropriates special maintenance funds in violation of the provisions of these Regulations, the real estate administrative department of the local people's government at or above the county level shall recover the misappropriated special maintenance funds, give a warning, confiscate the illegal income, and may impose a fine of less than 2 times the misappropriated amount; If the case constitutes a crime, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law.
5. sue the property management company to disclose the income of public parts, such as the income of exterior wall advertisements and elevator advertisements belongs to the owners, and the property management company has no right to keep it for itself.
Legal basis: Article 54 of the Civil Law, if a property uses * * * parts and * * * facilities and equipment for business operation, it shall go through relevant procedures in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.
2. Call 12345 (government service convenience hotline) to complain about the property.
The main contents of accepting reports and reflecting problems include:
1 Failure to publicize the service contents, service standards, charging items, charging standards, charging methods and other information stipulated in the property service contract in a prominent position in the property area;
2. Unauthorized allowing others to use * * * parts and * * * facilities for advertising, publicity, business and other activities;
3. The trustee, as the manager of public income, fails to regularly announce the income and expenditure of the parts and facilities used by the property, and illegally uses public income;
4. When entrusted to collect water, electricity, heating and other expenses, illegally increase the price or illegally charge the owner;
5. Failing to publicize the apportionment of public utility expenses as required;
6. Raise the charging standard of property services without authorization, and charge unreasonable fees in violation of regulations.
These problems will generally be transferred to the village or community neighborhood Committee, and the neighborhood Committee will often call the reporter to appease, and there will be no substantive treatment. However, the 12345 citizen service hotline will pay a return visit to the reporter and ask whether you are satisfied with the service process and results, and the answers are all unsatisfactory.
The superior will evaluate the organizers' satisfaction rate, which is generally ranked once a month. If a unit's satisfaction rate is low, the superior leaders will look for their community neighborhood committees.
3. Complain to the property department of the Housing Authority of the jurisdiction.
Which department should I call to complain about the property? If the office and the community can't solve it, they can directly complain to the property department of the Housing Authority in the jurisdiction. The Property Office of the Housing Authority belongs to the direct superior department of the property, and general complaints will be handled reasonably.
Owners can also collect evidence of poor service and inaction of the property, jointly sue the property company to the court, and ask the property to bear the corresponding liability for breach of contract.
The above is the whole content of "three complaint methods that property fears most". Finally, I remind you that no matter who you look for to reflect the problem, you must collect first-hand evidence in the early stage.
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