Can property disputes be preserved before litigation?

1. Is the property fee dispute a civil lawsuit?

Property fee disputes belong to civil litigation.

Disputes over property fees are caused by the failure of the property service company and the owner to fulfill their rights and obligations in accordance with the contract or the existence of tort. In case of breach of contract or infringement, the parties may directly bring a civil lawsuit to the court.

Legal basis:

Article 186 of the Civil Code

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 186

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 233

If the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.

Second, what are the ways to solve the property fee dispute?

(a) the owners and the property management company to resolve through consultation

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.

(three) submitted to the arbitration organ for arbitration

This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.

(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 Article 49 of the Property Management Regulations.

(5) institute legal proceedings

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) Changing the property management company

If the above methods can't satisfy the owner, the owner can change the property management company.

3. What are the judicial interpretations of property fee disputes?

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of property service disputes.

In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the provisions of the Civil Code of People's Republic of China (PRC) and civil trial practice.

Article 1 If the owner violates the realty service contract or laws, regulations and management regulations, and the realty service provider requests the owner to bear corresponding civil liabilities such as stopping the infringement, removing the obstruction and restoring the original state, the people's court shall support it.

Article 2 Where a realty service provider 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.

If the owner requests the property service provider to refund the illegal fees it has collected, the people's court shall support it.

Article 3 After the termination of the rights and obligations of the realty service contract, the people's court shall support the owner's request to the realty service provider to refund the property fees that have been received in advance but have not provided the realty service.

Article 4 The people's court may, with reference to the provisions of the owners, handle property service disputes caused by the lessee, borrower or other users of the property violating the property service contract and laws, regulations or management regulations.