How to deal with property management disputes without contracts?

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How to deal with property management disputes

1, the two parties to the dispute reached an agreement through peaceful negotiation;

2. The parties to the dispute reach an agreement through mediation by a third party, which is mainly the local housing authority, neighborhood committee, subdistrict office or town government mediation agency;

3. In the case of 1 2, both parties to the dispute cannot reach an agreement through arbitration or court proceedings.

There are people's mediation systems in General Principles of Civil Law and Civil Procedure Law of China. If one party does not agree to mediation, arbitration or judgment can only be conducted through arbitration or litigation. Arbitration is a one-bureau final review system, and judgments are a two-bureau final review system. After the legal documents come into effect, the winning party can apply to the local people's court for enforcement.

Types of property disputes

1, infringement dispute

This kind of dispute is caused by the tort of property management enterprises to others. The subject of infringement is property management enterprises, and the object of infringement is other interest groups or individuals other than property management enterprises. It mainly includes: property service enterprises use various excuses to raise prices irregularly and collect fees at random; Failing to maintain the public parts, special parts, ancillary facilities, public health, traffic and vehicle parking order, daily safety precautions and other services in the property management area, and causing damage to the owners due to the inaction of the property management enterprise; Damage caused to the owners in the process of property management and maintenance, and property management enterprises arbitrarily change the use of residential land, the appearance, structure and use of houses and supporting facilities, and build them privately, which infringes on the interests of the owners. The dispute caused by this kind of infringement is characterized by the fact that the property management enterprise is the injuring party and should also be the undertaker of the responsibility.

2. Harmful disputes

Such disputes are caused by the infringement of property management enterprises by third parties. The subject of infringement is interest groups or individuals other than property management enterprises, and the object of infringement is property management enterprises, such as property fee disputes; Owners deliberately default on property management fees, tenants or other property users default on property management fees; Owners decorate in violation of the decoration regulations, build indiscriminately, and even steal water, electricity, gas and heating, which damages the interests of property management enterprises. In this kind of injury dispute, property management enterprises are victims and should also be advocates of rights.

3. Other types of disputes. Although other types of disputes may not cause harm to property management enterprises for the time being, with the escalation of contradictions, they may affect the normal order of property management. Disputes arising from the election of members of the owners' committee by the owners; The owners' committee or members of the owners' committee abuse their powers to have disputes with the owners; Disputes arising from parking charges; Disputes arising from the use of roofs and platforms; Disputes caused by property management enterprises authorizing others to use public parts and public facilities in residential areas beyond the authorization authority. The disputes caused by these contradictions may not cause direct economic losses to the property management enterprises at that time, but they will also bring adverse effects to the property management of residential areas.

Legal objectivity:

"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.