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What should I do if I have a dispute with the property and change people?
First, what are the ways to deal with the dispute of changing the property company?
(1) The owner and the property management company shall negotiate for settlement.
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 voluntary and equal consultation according to relevant laws and regulations, management regulations and property management contracts.
(2) It shall be settled by a third party through consultation.
Generally speaking, third-party mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. After a dispute arises between the owner and the property management company, the dispute can be submitted to a third person, who will preside over the negotiation between the two parties to urge them to reach a mediation agreement on the basis of voluntariness and equality.
(3) Submit it to an arbitration institution for arbitration
After a dispute arises 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 contract or the arbitration agreement reached voluntarily after the dispute occurs, both parties can submit the dispute to an arbitration institution with management authority for adjudication.
(4) Complaints
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 the provisions of Article 49 of the Property Management Regulations.
(5) bring a lawsuit
If the owner cannot 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) If the above methods can't satisfy the owner, you can change the property management company.
"Property Management Regulations" clearly stipulates that the majority of owners have the right to hire and dismiss property service enterprises. Therefore, as the real owners of the community, the majority of owners have the right to re-select property management companies to provide property management services.
Second, what should I do after the property dispute is handled by the property company?
After the property dispute is changed to a property company, the owner can only ask the previous property company to bear the liability for compensation. If the previous property management company, the current property management company and the owner who is one of the parties to the dispute reach an agreement and sign the procedures for the transfer of creditor's rights and debts, then the owner can make relevant requests to the new property management company that he can make before.
civil law
Article 551 Where the debtor assigns all or part of the debt to a third person, it shall obtain the consent of the creditor.
The debtor or a third party may urge the creditor to give consent within a reasonable time. If the creditor fails to express it, it shall be deemed as disagreement.
Article 554 Where the debtor assigns the debt at the same time, the new debtor shall bear the subordinate debt related to the principal debt, unless the subordinate debt belongs exclusively to the original debtor.
To sum up, disputes between property companies and owners need to be resolved in time, but the solution can be negotiated by both parties. Anything that can be negotiated can be handled through negotiation. If the negotiation is not good, they can directly protect their respective rights and interests through legal channels.
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