Job Recruitment Website - Property management - Legal disputes related to property mainly include
Legal disputes related to property mainly include
1, the owner and the property management company negotiate to solve it.
The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.
2. Third-party mediation
This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.
3. Submit to the arbitration organ for arbitration.
This refers to the dispute between the owner and the property management company. According to the provisions of Article 4 of China's Arbitration Law, according to the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute shall be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.
Step 4 complain
When there is a dispute between the owner and the property management company, the owner may complain to the real estate administrative department of the local people's government at or above the county level according to Article 49 of the Property Management Regulations.
Step 5 file a lawsuit
If the owner can't solve the dispute through the above four channels, he can submit the dispute to the court or directly file a lawsuit with the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.
6. Change the property management company
If the above methods can't satisfy the owner, the owner can change the property management company.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.
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.
- Related articles
- How about Beijing Kedian Hi-Tech Company?
- Where will Chongqing Tanzikou aluminum alloy market go?
- Which is better, China Life Insurance or China Ping An Insurance?
- Is it legal to install face recognition access control in the community?
- What is the main job of the toll collector of the property company? Do you want to charge at home? The more detailed, the better! Thank you.
- How about Xiangrui City in Yuxian County?
- What is the current project name of Xiong Fei New Garden? What about the neighborhood?
- No matter what department you can complain about, the house leaks and the property leaks.
- How much is the price of Qingshui Bay in Shangrao?
- Is Wuxi Xinfa Zhongying Black Forest worth buying?