Job Recruitment Website - Property management - Legal knowledge of property contract disputes.
Legal knowledge of property contract disputes.
(1) First of all, the problem of lost bicycles.
I guess you probably don't have any written evidence, because the developer didn't promise to provide you with a parking shed when selling your house, and it may not be written in the purchase contract. If you don't believe it, you can look at the purchase contract. The developer is not jointly and severally liable. Moreover, the property has not promised to provide you with a carport, and the state has no mandatory regulations on parking sheds, so the property company has no carport and has not violated any rules and regulations.
However, the property does not promise anything, unless you have a written certificate from the developer's sales office, so there may be some arguments when looking for the developer's sales office, but it has nothing to do with the property, so this property should not be responsible.
(2) Did you not register your lost car about the property?
The property management company is responsible for the security, cleaning, greening and maintenance of public areas. But there is no bicycle parking space in your community, which means that the property has not signed any contract documents with you about keeping your bicycle, so the loss of your bicycle has nothing to do with the property itself. Even if you put forward this argument in court, the property management company and its lawyers will explain that the corridor is the public area of the owners, and no individual has obtained the consent of the owners' Committee. . .
The legal basis is Chapter VI of People's Republic of China (PRC) Property Law.
Article 70? Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
Article 71? Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Article 73? Other public places, public facilities and property services within the building division are owned by the owner.
To put it simply, the above three items mean that the use of some stored things without the consent of the owners' Committee is not protected by law. Not to mention the bag for your loss. . .
So whether the property is registered really has nothing to do with the case, even if the staff of the property company is registered, you still have witnesses. At most, it is to prove to the judge that the fact that you lost your bike is a fact, that is, a fait accompli, which has nothing to do with the property.
To sum up, even if you have a witness and a work record of the property (about your lost car), it can only prove that your car is lost.
(3) In all the cases handled by our company, the person in charge told you that your success rate was not at all. The court will definitely sentence you to pay property fees and late fees first. As for the loss of the car, it has nothing to do with the property fee. You enjoy the property service. Any reason for refusing to pay the property fee is untenable. Unless you really have any losses due to the responsibility of the property, such as the main heating pipe leaking into your house and damaging your floor and furniture, the property may send someone to negotiate with you to solve this matter, exempt you from certain property fees or compensate you for some losses.
I sincerely encourage you to listen to me and mediate so that the property can't receive late fees.
If you have any questions, you can ask me. I am online every night. . . . . . . . ?
. . . . . Added on July 8. . . . . .
(1) I overcharged you 100 during the renovation, which was a big mistake. . . Because it has no basis for charging, you can ask the property manager what legal basis or explicit provisions you have for overcharging me, and he will be speechless. Your legal basis is:
Article 42 of the Regulations on Property Management stipulates that the owner shall pay the property fee according to the agreement in the property service contract.
That is to say, you signed a property service contract with the property. In fact, you signed a contract for the sale of goods, which means you bought a service. Because the contract does not say that the renovation period will cost more than 100 yuan, this is unreasonable arbitrary charges. Even if it is written in the contract, it is also a overlord clause and has no legal basis for protection.
(2) It should be the responsibility of the property for foreign students to eat and throw things in the corridor of the community, because the property has the responsibility and obligation to care for the environmental sanitation of public areas. Even if the security guard is absent and can't be stopped in time, then the cleaning staff should clean up the scene in time. The property is wrong. Your property contract must have a provision on the cleanliness of public areas. This is the foundation. It can be used as evidence, but it still needs a photo of the scene. On-site photos, plus the cleaning clause in the property contract, can be used in court.
(3) Do you dare to give you a look as the owner's normal access security guard? You can complain to the property leaders. If there is still no improvement, don't give them a good face next time the property comes to collect property fees. Give them back twice, and they will have a personal experience. Next time, they will converge, which is absolutely easy to use!
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