Property management dispute report

Property management disputes report Property management service disputes refer to rights and obligations disputes between owners and developers, owners and property management enterprises, owners and owners' committees, owners' committees and developers, and property management enterprises that affect the normal development of property management activities. I have sorted out the information about the property management dispute report for you. Welcome to refer to it.

?

?

I. Introduction Property management refers to the paid activities that property management enterprises accept the entrustment of owners, owners' committees or other organizations to maintain, repair and manage the property, and provide assistance and services to public security, traffic, fire protection, environmental sanitation and greening in the property area. As an important part of modern urban management, property management has developed into a new service industry with marketization, enterprise, socialization and professional management, and is regarded as a sunrise industry in modern cities. Disputes over property management services have a great negative effect on the image of property management enterprises, which hinders the sustained, rapid and healthy development of China's property management industry to some extent. In the complicated daily life, disputes over property management services are also characterized by more complexity, diversification, grouping of parties, high sensitivity and great difficulty in handling, and the categories of contradictions and disputes are also developing from simplification and homogenization to diversification and quality. The causes of property management disputes are becoming more and more complicated. This paper mainly analyzes the causes and solutions of property management service disputes from the aspects of their occurrence and types.

In view of the causes of disputes over property management services, it is of great significance to study the corresponding countermeasures to solve disputes and maintain community stability. Only by stabilizing the community, building a harmonious community and laying a solid foundation for social harmony can the construction of a harmonious society be implemented.

Second, the main disputes in property management services (A) the status quo of disputes

Property management service disputes refer to rights and obligations disputes between owners and developers, owners and property management enterprises, owners and owners' committees, owners' committees and developers, and property management enterprises, which affect the normal development of property management activities. In China, property management disputes are not only on the rise, but also characterized by diversification, collectivization of parties, high sensitivity and great difficulty in handling.

With the continuous development of property management, the GDP created by urban property management in Beijing, Shanghai and Shenzhen is 7 billion yuan, 7.8 billion yuan and 5 billion yuan respectively, accounting for 2.23%, 1.45% and 2.23% of the GDP of the three cities respectively. Property management is becoming a major tertiary industry. However, it is in this gratifying development situation that property management complaints are increasing. Statistics of China Consumers Association also show that property disputes have increased year by year, occupying the top three consumer complaints for three consecutive years.

There are a large number of disputes in the field of property services, so there are also a large number of litigation cases and they are increasing rapidly. According to the statistics of Beijing Higher People's Court, in 2002, 40 10 cases related to property disputes were received, and in 2006, it exceeded 30,000 cases, an increase of nearly 8 times, and the proportion of civil cases also increased from 2.7% to1.6%.

(2) Types of disputes

Contradictions in property management services can often be divided into the following categories according to different standards:

1. From the content of property disputes,

(l) Disputes caused by problems left over from development, such as false advertisements in sales by developers; The area, structure and facilities of the house are inconsistent with the publicity or contract at the time of sale; False promises of sales personnel on property management fees; Quality problems such as balcony, kitchen and bathroom, window seepage, wall cracking and wall bulging; Delays in issuing permits and other disputes.

(2) Dissatisfaction with management services: such as dissatisfaction with disputes such as cleaning, security, maintenance, parking management, noise and smoke pollution; Or disputes caused by the infringement or injury of the personal property of the owners in the community, the owners think that the property management enterprises should be responsible, while the property management enterprises think that they only assist the public security departments to maintain public order and are not responsible for the personal property safety of the owners;

(3) Charge disputes: such as disputes over cost sharing due to property management or refusal to pay public fees; Or the parking space rent between the owner and the developer cannot reach an understanding.

(4) Disputes caused by the owner's unauthorized construction: the upstairs owner does not place air conditioners at the designated locations, and the downstairs owner will be affected by noise;

(5) Disputes caused by the refusal of the property management company to withdraw from the management area. After the establishment of the owners' committee, the owners refused to pay the property management fee because they were entangled with the developers on the issues left over from development. After the owners' committee re-hired the property management company, the previous property management company refused to leave because of a large amount of arrears. Or the owners' committee fails to hire a property management company according to law, and the previous property management refuses to quit.

2. Divide from the subject of contradictions and disputes.

(l) between the owner and the development unit. (2) Owners and property management companies. (3) Between the owner and the industry committee. (4) Owners, industry committees and relevant departments.

3. According to the different legal relationships of the legal departments to which the dispute belongs.

Civil disputes. Refers to disputes between natural persons, legal persons and other social organizations with equal civil legal status based on property relations and personal relations. Such as breach of contract disputes, infringement disputes, real estate adjacent relations disputes, negotiorum gestio disputes, etc.

(2) Administrative disputes. It refers to the concrete unemployment and abstract behavior of administrative organs and natural persons, legal persons and other organizations in the process of exercising their management functions and powers.

(3) Criminal disputes. Refers to the disputes caused by the violation of criminal laws and regulations by individuals and legal persons. For example, the security management behavior in property management caused the owners' dissatisfaction, and the owners gathered many people to reduce security personnel.

Third, the analysis of the causes of property management service disputes. Due to the complex content of property services, coupled with factors such as concept, system, market, legal system and supervision, there are many problems in the development of property management industry, which leads to a large number of current property management disputes, and some even become bottlenecks that hinder the healthy development of the industry. These problems are embodied as follows:

(a) property management industry factors 1. The service is not standardized and not in place.

Some property management companies do not match the fees and services. Charge first, ignore the service to the owners, charge more but not serve, and charge less and not serve. For example, in decoration management, some property management companies often ignore the illegal decoration personnel on the grounds that they have no law enforcement power, and let the illegal decoration personnel enter and leave the community and buildings at will, thus damaging the load-bearing structure of the house, leaking the kitchen and bathroom, and affecting the fa? ade. , thus damaging the legitimate rights and interests of other owners, while other owners require property management companies to perform their duties and disputes arise.

2. Some enterprises lack professional and technical personnel, and the maintenance is not timely and in place. For example, some residential elevators are closed for many times or for a long time, which makes owners doubt the quality of service and even produce contradictions and disputes.

3. The financial revenue and expenditure of property management enterprises are opaque. For example, most of the property management fees in Chongqing take the form of contract system, and the income and expenditure of property management enterprises in the daily maintenance of property are rarely or not publicized. Owners lack objective evaluation basis for the services of property management enterprises, and the service level is difficult to quantify.

4. Transfer factors of property management service providers.

Frequent disputes between the dismissed property management company and the newly hired property management company, and between the original property management company and the owners' committee not only affect the normal life order of all owners in the property area, but also have a great negative impact on the corporate image of the property management company, which hinders the sustained, rapid and healthy development of China's property management industry to some extent. When the term of the realty service contract expires or the prophase realty management ends, the owners' meeting selects a new realty management company to be stationed for management, but the original realty management company refuses to quit, continues to occupy the community, and refuses to hand over with the new realty management company, resulting in disputes.

(2) Problems left by developers

1. The developer changed the plan without authorization, resulting in damage to the owner's rights and interests.

The owner's plan when buying a house often changes when handing over the house, and the housing pattern and community environment are also different from the promises when selling the house. Among them, there are both legal adjustments and development and construction units that do not add buildings according to the planning and design requirements.

2. The quality of building construction, greening and ancillary equipment is poor, and supporting projects are lacking.

There are mainly kitchen and bathroom, leaking bay windows, potholes in the roof, poor drainage, backward flow of water, serious damage to the ground pavement, sparse and necrotic greening plants, lack of supporting projects or unsatisfactory status quo (such as the leisure club becoming one or two small houses), elevators, generators, secondary water supply facilities and other poor quality.

The ownership of this building is still unclear.

The division and determination of pool area and the distribution of operating income of affiliated buildings are the core issues of dispute between owners and developers. Major property disputes all stem from unclear ownership and property rights of underground garages, clubs, supporting houses and other facilities. 4. Increase or decrease of sales area, etc.

In the sales contract signed between the owner and the developer, the owner should clearly stipulate in the contract the way to deal with the error between the area agreed in the contract and the registered area of property rights according to the provisions of Article 20 of the Measures for the Administration of Commercial Housing Sales, or if there is no agreement in the contract, the absolute value of the area error ratio should be within or outside 3%. But buyers often don't understand, thinking that they are all implemented according to the 3% rule. In fact, developers usually agree to settle accounts according to the actual area before the 3% clause, which leads to the increase or decrease of the owner's area and disputes.

5. The developer refuses to hand over or even encroach on the maintenance funds collected. Or the developer did not pay the maintenance funds for his own use. As Chongqing's property maintenance fund is charged at 2-3% of the total purchase price, the developer refuses to pay it on the grounds that there is no purchase price for the self-use part. (3) The owners lack self-discipline, and the owners' meeting and owners' committee are not standardized. 1. Owners lack self-discipline management consciousness, and the binding force of owners' convention is weak. Default in property management fees, public utility fees, refusal to pay or pay special maintenance funds for property, failure to comply with relevant regulations on property management, damage to the load-bearing structure and main structure of the house, unauthorized change of the nature of the use of the house, occupation of * * use parts, and impact on the lives of adjacent owners occur from time to time. 2. The autonomous management of the owners' congress and the owners' committee is not standardized.

A considerable number of property management areas have not established or are difficult to establish owners' meetings, and the role of democratic decision-making has not been fully exerted; Owners committee ultra vires, unauthorized hiring of property services companies; To decide without authorization the management, use and distribution of the proceeds from the use of parts and facilities; A few members of the owners' committee act recklessly to achieve their personal goals, and are keen to provoke conflicts between property management companies and owners, and even lead to disputes between owners.

(4) Other social problems

1. The property management contract is ambiguous.

? 2. It is difficult for special groups to pay property management fees.

3. The monopolistic behavior of water supply, power supply and gas supply departments makes the prices of related materials and construction costs high, and it is easy to cause disputes when developers charge the owners for water, electricity and gas installation fees.

4. Poor coordination among relevant departments

From the specific responsibilities, the housing management department is responsible for the supervision and guidance of property management activities and the drafting of property management laws and policies, but it suffers from less preparation, centralized affairs and tired handling disputes. Planning, construction committee, fire control and other departments involved in property management often think that property management is the responsibility of the housing management department and has nothing to do with themselves, especially when the same illegal act violates multiple laws and regulations, they shirk and seduce each other and handle complaints in time. However, some residents' committees that have real daily contact and disputes with residents in the community are accustomed to proceeding from experience because they are not familiar with relevant laws and regulations, and sometimes they are reasonable and illegal, which leads to new disputes, resulting in high complaint rate and low mediation rate of property disputes. 5. The laws and regulations are imperfect. 6. The society's understanding of property management services is not enough. ?

Four. Countermeasures and Suggestions for Solving Property Management Service Disputes In order to standardize the operation procedures of property management services and reduce the cases of service disputes arising from property management, it is necessary to formulate and improve relevant legislation as soon as possible, and clearly define the rights, responsibilities and interests of relevant subjects of property management. Through extensive publicity, we will improve the owners' awareness of property management autonomy and give full play to the interaction and cooperation between owners and service providers in property management services. Through the establishment of property management industry associations, standardize the management of property service contracts and avoid property management service disputes.

(1) Strengthen government leadership and supervision and promote the legalization of property management.

1. Strengthen the leadership and coordination of property management, and clarify the responsibilities of relevant departments in strengthening property management. Further play the role of neighborhood offices and neighborhood committees in guiding and supervising industry committees and coordinating contradictions and disputes. Coordinate and handle the relationship between the owners' committee and the realty service enterprise, and timely handle major contradictions and disputes in management and group and unexpected events. Establish the owners' meeting, guide and supervise it, and fully listen to its opinions when there are important matters.

2. Correctly guide and further increase publicity. Earnestly implement the Property Law of People's Republic of China (PRC), the Property Management Regulations of the State Council and various national and local laws and regulations. Make full use of all kinds of media to carry out various forms of publicity, especially to strengthen how to be a qualified owner and property management consumer awareness publicity. 3. Standardize management and strengthen the government's industry supervision.

4. In the "Regulations on Property Management" of the State Council, further improve the provisions on legal liability, and increase the punishment for property management enterprises failing to hand over property management sites and materials according to law. For example, if a property management company fails to hand over the property management premises and materials as required, it can be punished by lowering its qualification, revoking its qualification certificate or business license, etc. In the State Council's "Property Management Regulations", the relevant matters when the property service contract is terminated are clearly stipulated, such as how to pay the property management fee owed by the owner and how to settle the water and electricity fees collected and remitted by the property management company.

(2) Strengthen industry self-discipline and promote corporate integrity.

1. Formulate local property management self-discipline convention, organize the formulation of industry development rules, and unify industry standards.

Carry out activities to improve service quality and establish a new image of property management enterprises in property management enterprises, constantly standardize the business behavior of property management enterprises, and make property management more standardized, orderly and healthy. Correctly guide the public to understand property management. 2. Recruit senior lawyers who are proficient in various laws and regulations of property management to join the association. Provide legal advice and support for property management enterprises to operate legally and safeguard their rights and interests according to law. 3. Actively do a good job in communication, supervision and management. Actively carry out the exchange activities of property management enterprises. You can organize seminars and visits between enterprises on a regular basis, learn from each other's advanced management experience, enhance understanding between enterprises and strengthen communication.

(three) standardize the business behavior of property management service enterprises, improve service quality.

Regularly organize property management practitioners to carry out training, conscientiously implement national laws and regulations, and organize professional skills (such as cleaning and elevator maintenance). ), professional management knowledge and other aspects of training, and constantly improve the quality and service level of property management practitioners.

(four) the establishment of a standardized owners' meeting, to play the role of the owners' meeting.

1. On the one hand, safeguard the legitimate rights and interests of the owners, listen to the opinions or suggestions of the owners, reflect the legitimate requirements of the owners to the property service enterprises, and examine and approve the property management business plan and major measures; On the other hand, cooperate with the property service enterprises to do a good job in the publicity, explanation and guidance of owners, give play to the role of self-discipline, lead all owners to abide by the laws, regulations and management regulations of property management, urge owners to fulfill the responsibilities and obligations agreed in the property management contract, and help and educate individual owners who violate the system. It is also necessary to mobilize the enthusiasm and creativity of owners, improve their sense of participation, and contribute wisdom and strength to building a beautiful home and harmonious community.

2. Owners should seriously study the laws, regulations and policies related to property management, understand the rights and obligations of owners, the responsibilities of owners' committees and owners' congresses, and safeguard their legitimate rights and interests according to law. Abide by the relevant provisions of residential property management and fulfill the owner management regulations. Finally, the effect of empathy and mutual respect is achieved.

(five) to improve the development and construction behavior, to avoid problems left over.

1. Developers should fully consider the related issues of property management in property planning, design, construction and sales, and it is necessary to invite property management companies to intervene early. If the property fails to pass the acceptance of the property management department, it shall be rectified in time and shall not be delivered for use. When building a house, the developer can ask the civil engineering and equipment construction unit to pay a certain amount of quality deposit, and the payment of this fund can be referred by the property management enterprise, so as to improve the procedures for the developer to hand over the house in the property management service and avoid the property management service problems caused by the developer in the future. The most important thing is that the problems left over from the development should be the responsibility of the corresponding institutions of the developers, and they cannot be left behind or handed over to the property management enterprises.

2. Strengthen the contract management of property management services. Property management industry is a new industry, and there are still many places that need to be standardized. Due to the limitation of people's understanding, this contract is not perfect. On the one hand, the purchase contract is rough and many matters are unclear. Many owners and property management companies follow the old traditions and habits, and do not sign property management contracts or the signed property management contracts are not clear and standardized, which can not cover all kinds of problems that may occur during the performance. At present, the disputes between owners and property management companies are mainly reflected in service standards and charging standards, so the key point is to improve the relevant contents of property management service contracts. If the service standard can correspond to the charging standard one by one, I believe the contradiction between the owners and the property management company will be greatly reduced. With a clear service standard, both parties to the property management contract have the basis to perform the contract, which can also avoid disputes arising from different understanding of the standard. ?

(six) to do a good job in the mediation of contradictions and disputes in property management services.

1. Give play to the coordinating role of property management associations, neighborhood committees or other third parties. After a dispute occurs, the parties may also request the neighborhood committee or other neutral third party to mediate. Property management associations, neighborhood committees or other third parties can play a coordinating and communicating role in service disputes, take an objective position and actively mediate. In the process of handling cases, Sweep can make use of case law, give play to the beneficial role of the third party in fairness, justice and openness, and settle disputes to a situation of mutual satisfaction and mutual recognition.

2. Actively implement the arbitration system for property management disputes.

Arbitration is one of the ways to solve contract disputes except conciliation, mediation and litigation. Comparatively speaking, arbitration is simpler, more efficient and cheaper than litigation, and more effective than conciliation and mediation. This is undoubtedly a better solution for professional and service-oriented economic disputes such as property management.

If the majority of owners and property management companies independently choose arbitration to solve all kinds of disputes arising from the performance of property service contracts, it is of great significance for timely and reasonable settlement of disputes, safeguarding the legitimate rights and interests of both parties and promoting the harmonious and healthy development of property management.

Real estate administrative departments, property management enterprises and relevant units should conscientiously study and implement the arbitration law, and take various ways to publicize the arbitration law to the majority of owners and actively publicize the arbitration legal system, so that arbitration becomes an important way to solve property management disputes. Sign an arbitration clause in the prophase realty service contract, realty service contract or other economic contract in advance, or sign an arbitration agreement in other ways before and after the dispute, so as to solve the property management dispute in time, safeguard the legitimate rights and interests of both parties, maintain the order of the realty service market, and maintain social fairness, justice and stability. Concluding remarks

As a sunrise industry, real estate has become one of the pillars of national economic development. With the deepening of China's real estate management system reform, real estate has gradually improved and matured. Property management as the last link of real estate activities? The consumption link has a strong rebound and stimulus effect on the previous link. Property management not only keeps the property value and increases its value, but also is an important factor for consumers to buy property, which has the functions of improving the efficiency of real estate management and perfecting the real estate market. The goal of the urban housing system reform in China is to realize the commercialization of housing according to the requirements of the socialist market economy, which will form a new pattern of diversification of housing property rights and socialization of management. However, due to the immature development of the property management industry, comprehensive services, unclear service scope, vague service standards and lack of industry norms, the further development of the property management industry has been restricted and affected to some extent.

This presents many contradictions and disputes brought by property management services. In order to achieve the goal of market-oriented and professional property management services, we should not only sum up the problems encountered in actual operation, but also combine relevant practical experience, advanced foreign experience and China's specific national conditions to modify and improve the property management regulations to make them more concrete and operational. By strengthening the standardized management of property management service contracts, improving the skills and ability to deal with contradictions and disputes in property management services, and establishing property management industry associations to coordinate contradictions among all parties, property services will be improved day by day and gradually enter the mature market from a sunrise industry.

?