How to solve the disputes in the previous property service agreement?

There are two ways to deal with disputes between owners in the early stage: civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly select an institution and an individual, and the third party proposes a solution according to the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. What are the problems in the dispute settlement between the property and the owners in the early stage? The following is Bian Xiao's detailed answer.

1. What are the solutions to the disputes between the property and the owners in the early stage?

1. There are two ways to deal with disputes between property owners in the early stage: civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly select an institution and an individual, and the third party proposes a solution according to the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. However, such mediation has no legal effect. After mediation, if one party refuses to perform the agreed matters, the dispute remains unresolved.

2. The parties may settle the contract dispute through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.

3. Legal basis: property management regulations

Forty-eighth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property service enterprises in property management activities.

Second, how to protect the rights of owners in property management disputes

1. If the owner is not satisfied with the current service of the property management company, first of all, the time, place and situation of breach of contract should be recorded in a targeted manner, and the corresponding evidence should be kept. You can take photos, videos or write down the signature of the other party;

2. It is suggested that the owners should negotiate more, turn passive into active when they should pay the property fee, take the initiative to negotiate with the property company and tell them what they have done wrong, and should not charge your property fee or undercharge the property fee, and make a good record of the negotiation. Once the property company sues for default of property fees, the owner can argue that it is not malicious default.

3. Since the owners' committee has the right to terminate the property service contract, rather than individual owners, the owners should respond to the owners' committee in time. If the owners' committee has not been established, it should actively communicate with the local neighborhood offices and towns, and set up the owners' committee as soon as possible, so as to safeguard rights in the future.

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