Mediation case of property dispute between community owner and property management company

Mediation case of property dispute between the owner of a residential quarter and the property management company in Hongqi District, Xinxiang City

Brief introduction of the case

Lu, Guo and others are owners of Hongqi District, Xinxiang City. Because the district has to prepare for central heating, a district heating transformation team was set up, with Lu as the team leader. At present, the temperature reform team has found a good construction team, discussed the construction price, and announced it in the form of an announcement in the community, but there was a problem when preparing to charge residents for central heating. Because the temperature reform team was temporarily established by the owner without official seal, and the owner's representative is a natural person, if the fee is charged, the construction contract must be signed with the contractor first, but the temperature reform team does not meet the main conditions for signing the contract, and the residential property company needs to sign the construction contract with the contractor, but the property company does not agree to sign the contract. To this end, the two sides are deadlocked. Residents Lu Mou, Guo Mou, Shi Mou and others went to the Community People's Mediation Committee (hereinafter referred to as the "Mediation Committee") to ask for help in mediating the dispute with the property company due to the central heating problem in the community.

Mediation process

After accepting the dispute, the mediator immediately contacted Wang, the property manager of the community, to understand the situation. Wang pointed out to the mediator that the property management company has always been committed to serving the majority of owners. On the issue of central heating, we have been promoting this matter according to the wishes of the owners and the requirements of the community. Guo, the owner of the residential area, and others set up their own heating transformation team to forcibly undertake heating matters in the residential area, resulting in the current situation. Shimou said that the heating reform work in the community actually started a few years ago, and the first two times were not carried out because the number of heating forecasters failed to exceed half. As some owners of the residential area reported to the residential area that they hoped the property could solve the problem of central heating in the residential area, at the urging of the residential area, the property management company began to post notices and began the third heating forecast. Unexpectedly, Guo and others posted a notice of central heating in the community and contacted the construction team themselves, which led to the interruption of the normal central heating construction in the community.

Subsequently, the mediator got in touch with Cao, the director of residential property. Cao told the mediator that the property company has done a lot of preliminary work for central heating. If the owner insists on organizing the construction by himself, the property company is fully capable of finding the construction team, but the property company will not come forward to stamp and bear the risks arising therefrom.

In further communication with Guo and others, the mediator learned that Guo and others chose to organize heating construction by themselves because they were worried about fund management and project quality. At this time, the mediator believes that the main reason for the dispute is the lack of effective communication and mutual trust between the two sides on the construction of central heating. In order to solve the dispute properly, it is necessary to rebuild the trust between the two sides and find a feasible scheme conducive to mutual supervision.

The mediator then went to the urban construction section of the sub-district office to consult the professionals about the central heating policy. Through consultation, it is known that the organizer of central heating can be a property company or a community owner, but the community owner is a natural person and cannot sign a construction contract. Residential property needs to cooperate with the signing of construction contracts and carry out related work in an orderly manner.

The mediator invited Cao, Wang, the head of the property company, and Lu, Guo and Shi, the representatives of the owners, to the Committee for face-to-face mediation, and invited Zhao, the head of the office urban construction section, to participate in mediation. At the mediation site, the two sides held their own words as soon as they met, and the mediation situation was once deadlocked. Seeing this situation, the mediator said: central heating in the community itself is a good thing. If an understanding cannot be reached, heating construction will not be promoted, and central heating in residential areas will be put on hold again, which is contrary to the wishes of most owners at present. The purpose of organizing this mediation meeting is to find a feasible solution through consultation. I hope everyone will negotiate amicably for the purpose of solving the problem. After listening to the mediator, the attitude of both sides eased. Subsequently, Zhao, the chief of the Urban Construction Section, explained the central heating policy to the on-site personnel in detail, hoping that the property company could actively cooperate.

The mediator immediately persuaded the property company: as a property company, if the district still cannot achieve central heating, the contradiction between the property company and the owner will be further intensified, which is also an undesirable result of the property company. At the same time, enlighten the owner's representative: as the owner, I definitely hope that the heating in the community can be realized smoothly. As for the concerns about fund management and project quality, I can make an effective plan to supervise it, and suggest that the owners also make appropriate concessions.

After full communication between the two parties, the mediator put forward a solution in time: since the owner can't sign the construction contract with the contractor in the form of a natural person, the construction contract is still signed by the property management company, and the owner can send representatives to participate in and supervise the whole project construction, and establish a tripartite escrow account to manage the funds to ensure the safe operation of the funds.

The mediator's suggestion has been recognized by Lu and others and property management companies. The two sides fully communicated the details and finally reached an agreement.

Mediation result

Under the auspices of the mediator, the two parties signed the following mediation agreement:

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2. The construction of district heating facilities (central heating) is led by a property company in Xinxiang, and a construction contract is signed with the supporting investor of thermal facilities, and the owner's representative participates in the supervision;

3. After the signing of the contract for supporting investment and construction of thermal facilities, a tripartite management account will be established for the representatives of the community, the property and the owner to manage the funds.

Case review

With the development of economy and society, residents' awareness of rights protection is constantly improving, and property disputes similar to this case are also emerging one after another. The common point of this kind of disputes is that they have wide interests and strong professionalism. When mediating such disputes, we must adhere to the principle of mediation according to law and settle them through friendly negotiation. When mediating this case, the mediator can fully understand the facts of the dispute, accurately grasp the focus of the dispute, and successfully invite the competent government departments to participate in the mediation of the dispute, gradually narrowing the psychological distance between the two sides, and finally reaching an agreement through friendly consultation, which promoted the smooth settlement of the dispute.

Recommended reason

In this case, in the absence of effective communication and mutual distrust, the residential owners and property management companies contacted the heating construction team respectively, which led to the failure of qualified property management companies to sign contracts and the difficulty in making progress in the preliminary work of the heating renovation team. The mediator determined the focus of the dispute between the two sides, actively consulted relevant policies from government departments, and invited the heads of government departments to participate in mediation, and finally worked out a satisfactory solution for both sides, which properly resolved the contradiction.

Expert evaluation

The owner and the property management company often have conflicts due to problems such as property services and the collection of property fees, and this case is mainly a dispute caused by mutual distrust between the owner and the property management company in the district central heating project. In the face of special cases, the mediator accurately grasped the contradiction caused by mutual distrust, innovatively put forward the mediation proposal of establishing a * * * management ledger and a joint working group, and invited the competent government departments to participate in the mediation work, which effectively solved the problems of mutual distrust between the contradictory parties and the deadlock of the heating project. Mediators not only effectively resolved the contradictions and disputes between the two sides, but also solved the livelihood problems of central heating in residential areas and eliminated the hidden dangers of escalating contradictions.