What are the common property disputes and how to solve them?

Hello, I'm glad to answer your question. Some unpleasant things will inevitably happen in people's lives, just like the dispute between the owners of residential quarters and the property has become a headache for the general public. There are big and small things almost every day. This kind of dispute concerns the vital interests of thousands of people. If it is not handled properly, it will lead to emergencies, mass incidents or petitions. Today, I am here to put forward some solutions to common problems from the legal point of view for your reference. I hope it will help you to deal with this kind of incident! Case: 1 Who is the owner of public facilities? The underground parking garage of a real estate was sold by the developer to individuals, which made the parking fee in the community rise, causing the phenomenon that the garage has vacancies but the owner can't park, which indirectly violated the interests of the owner. In some residential areas, shops, clubs and other public facilities are sold to individuals, and these public facilities are no longer used as supporting services in residential areas after sale. The contradiction caused by the change of their business scope and functions has also begun to become one of the main focuses of property management [Interpretation] This kind of dispute actually involves the question of who is the "owner" of public facilities in residential areas. In the "Property Management Regulations", only parking spaces are clearly defined at present, that is, "motor vehicle parking lots (garages) in residential areas should be provided to owners and users in residential areas. Parking spaces shall not be transferred to units and individuals outside the community; If the parking space is vacant, it can be temporarily rented to units and individuals outside the property management area. " There is no regulation on the ownership of * * * facilities and * * * parts. At the same time, the ownership of the current * * * facilities and * * parts of the property also involves maintenance and cost bearing. For example, which parts, facilities and equipment belong to all owners * * * * *; Use * * * for things belonging to some owners; Should the ownership of the underground parking garage with undistributed construction area belong to all owners or developers? If it belongs to all owners, how should the warrants be issued, kept and used, how should the proceeds be handled, how to raise the maintenance fund and how to share it? For the underground parking garage sold by the developer, how to determine the ownership of the ground multi-storey steel structure mobile parking space built by the developer, whether some owners or individual owners can file a lawsuit against it, whether some owners or individual owners can file a lawsuit against the facilities used by * * *, and how to deal with the income of * * *. At present, there is no express provision. [Solution] At present, this series of problems need to be formulated by relevant departments. But in general, owners still need to raise their awareness of rights protection and find and solve problems in time. Case: 2. Did you sign an entrustment contract or a service contract? At present, many owners' committees in residential areas often have no clear definition of the nature of property contracts when signing contracts with property management. Some communities have signed "service contracts" and some communities have signed "entrustment contracts". It is reported that the confusion in this respect makes the current classification of the cause of action of the Supreme Court involve both service contract disputes and property management disputes; When accepting property management disputes, some cases are classified as service contract disputes, some as property management disputes, and some as damages and property ownership disputes. [Interpretation] This is mainly because of the different understanding of the property management service contract. According to the analysis, if the two parties sign a property entrustment contract, it means that the property management enterprise is entrusted by the owner to manage the community, and the owner and the property management enterprise are entrusted and entrusted. If there are problems in community management, such as theft, the consequences have nothing to do with the property company; At the same time, the client of the entrustment contract can terminate the contract at will without any reason, which is not conducive to the stability of residential property management. [Solution] When signing a property management contract, it should be noted that the nature of the contract should be a service contract, not an entrustment contract. The easiest way is to look at the name of the property contract first. If it is a service contract, the name of this contract is generally "property management service contract", not "property management entrustment contract". At the same time, in the terms of the contract, if it is an entrustment contract, it will generally be "Party A entrusts Party B", while the service contract is generally "Party A provides services for Party B". Case: 3 Recently, the property management fee mainly involves two aspects. One is what the property management fee includes. Since the introduction of the relevant regulations, the items included in the "property management fee" are different from those in the past. Some property companies often only indicate the word "property management fee" on their receipts to owners, which may easily lead to disputes among owners. Another contradiction is that property management fees are not collected, which causes contradictions between owners and between owners and property management enterprises. [Interpretation] Because "property management fee" is a big concept, it generally refers to four items: security fee, cleaning fee, greening fee and management fee, but for many owners, it is easy to confuse these four items with the extra daily maintenance fee of public facilities and equipment and the energy consumption of elevators and pumps. At the same time, because some property management companies issue invoices and some give receipts after collecting property management fees, many owners do not know what "property management fees" they pay. Therefore, the collection rate of some communities is quite low, and some even as low as 20 ~ 30%, which makes the property management unsustainable and causes the psychological imbalance of other paying owners. Article 4 1 of the Property Management Regulations only talks about the issue of reasonable public fees, but does not list the composition of basic property service fees, resulting in the strange phenomenon of not paying what should be paid and paying what should not be paid. At the same time, the disputes over the arrears of property management fees are mainly caused by the inadequate service of property management enterprises and the problems left by developers, and the unclear standard of property management fees cannot reflect the principle of matching quality and price. At present, there are still some owners who lack relevant knowledge about the pricing of property management fees, and property fees fluctuate up and down, which leads to contradictions between owners and property management companies, especially in the early property management. [Solution] In terms of fees, the property management company should list all relevant fees clearly on the payment receipt of relevant property management fees to the owners, and cannot simply change the names of various fees into the names of "property management fees". Case: 4 "father-son relationship" between developer and property. Now some property management companies that are "father-son relationship" with developers tend to ignore the quality of housing and "kick the ball" between developers and property management companies. Especially when it comes to the interests of developers, property management companies tend to protect developers, which intensifies the contradiction between owners and property management companies. Owners often refuse to pay property management fees. In addition, the owners' meeting and owners' committee in the community were not established for a long time, and the previous property management time was very long, some of which lasted for seven or eight years, and the contradiction became deeper and deeper. [Interpretation] Article 24 of the Regulations on Property Management stipulates the principle of separating real estate development from property management, and property management enterprises should be selected through bidding. But so far, most property management enterprises in residential areas are derived from developers. Even if bidding is implemented, it is difficult to establish a fair competitive bidding mechanism. Property management companies derived from developers are still in an advantageous position and often win the bid. This "father-son relationship" between construction and management is still widespread. When disputes such as property quality or unrealistic promises in sales occur, property management companies often refuse to handle them on the grounds that they are two independent legal persons and have nothing to do with developers, while developers are often project companies, which will not exist after construction settlement, and contradictions such as after-sales service and warranty cannot be solved. Solution] After the owners of residential quarters meet the requirements, that is to say, the construction area of the houses sold and delivered in the residential quarters has reached more than 50%, or the first house has been sold and delivered for two years, the owners' meeting must be held in time to set up the owners' meeting to safeguard their rights and interests. Case: 5 Who is the party to the dispute? Whether the owners' congress or the owners' committee will continue to represent all owners in litigation is a prominent problem encountered by the court in hearing such cases. [Interpretation] It is understood that before the promulgation of the Property Management Regulations, the owners' committee generally participated in the litigation on behalf of all owners to solve the litigation problems of all owners in the property community. After the promulgation of the Property Management Regulations, the role of the owners' committee has changed. Previously, the owners' committee was an organization that independently managed the property on behalf of all owners in the property management area. The Regulations on Property Management stipulates that all owners in the property management area shall form an owners' meeting, which represents and safeguards the legitimate rights and interests of all owners in property management activities, and the owners' committee is the executive body of the owners' meeting. [Solution] Property management disputes involving public facilities, equipment and public interests in residential areas must be filed in the name of the owners' meeting and approved by more than two-thirds of the owners with voting rights. Otherwise, prosecution in the name of the owners' committee may bear the responsibility of losing the case. Case: 6 Is the property management company management or service? Because the property management has not yet formed a standardized market mechanism, property management companies often do not strictly perform property service contracts, do not abide by rules and regulations, and ignore the legitimate rights and interests of owners. Many property management companies put themselves above the owners, and the charging standards are vague, charging more, providing less services and adjusting prices at will; The methods of dealing with problems and solving contradictions are simple and blunt, and even cases of beating and scolding the owners occur from time to time. [Interpretation] The Regulations on Property Management not only stipulates the service obligations of property management, but also gives it certain social management responsibilities for maintaining property safety and rational use of property, but the regulations do not give any power to property management enterprises. Property management companies only have the right to inform, stop and report owners' violation of laws and regulations, owners' convention and owners' temporary convention, but have no right to punish and take measures; Theoretically, property management enterprises are not property owners. Entrusted or contracted by the property owner to manage the property and order in the residential area. Its management right to dispose of its own property is also limited, and there is no source of rights. The legal provisions on whether it has the right to claim litigation are unclear and controversial, which leads to the owners' inability to prevent other owners from illegally building, decorating and dismantling load-bearing walls. [Solution] This contradiction has occurred in large numbers in the near future. The main solution requires property management companies to adjust their awareness. Property management companies pay attention to service rather than management. Well, that's all. The above are some common property disputes and their solutions. If you encounter similar events, you can refer to. As a reminder, if the property promises maintenance but fails to perform it, I can check the property service contract. If there are relevant provisions, I can bring a lawsuit to the people's court and sue it for breach of contract. If you think it's awesome, give me a compliment. I will answer more attentively in the future. I wish you a happy life.