What litigation obstacles will property management disputes encounter?

Problem 1: Legacy housing quality problems

The judge found that the housing quality problems left by real estate developers caused conflicts between owners and property management companies, accounting for about 10%- 15% of property disputes.

According to the judge, such problems are mainly manifested in the following aspects: the quality of housing projects can not satisfy the owners during use, such as cracks on the ground, poor flue, water seepage on the roof or bathroom, etc. However, developers are lazy to fulfill their maintenance obligations, and adopt a first-class, second-class and third-class attitude. After the warranty period expires, they will "dump their burdens". In this way, when the owners can't effectively handle the disputes with the development enterprises, they will vent their grievances on the property companies and defend their rights by refusing to pay the property fees.

Countermeasures: strictly control the delivery of houses.

Generally, commercial housing sales contracts have housing warranty period, but it is not easy for owners to find developers after delivery, and property companies have been dealing with owners. The court held that it is the most convenient and economical for a property company to solve the owner's housing maintenance problem. It is suggested that the property company sign a contract with the developer to maintain the house on behalf of the developer when managing the handover.

Question 2: The quality of property services is not up to standard.

Such cases can account for about 70-80%. During the trial, the judge found that most owners owed property fees because the property company failed to fulfill its obligations as agreed in the contract and the service quality was not in place. Many owners will submit photos of the current situation of community management to the court, such as no greening, damaged public facilities, untimely maintenance, dereliction of duty of security and so on.

Countermeasures: find problems at any time and solve them at any time.

Regarding this problem, Ma Decheng, the head of Golden Housekeeper Property Services Company, which provides services for Yandou Garden, said that according to their experience, we must pay attention to solving the problems reflected by each owner and solve them at any time when problems are found. The staff who collect fees are not only responsible for collecting fees, but also listen to the feedback from the owners. For example, the problem of losing a car, whether it is a bicycle or a car, the property management company must ensure that no one can be lost through service, otherwise it will leave a permanent "small plait" for the owner.

Question 3: There are obstacles in communication between the property and the owner.

The court held that there is a service contract relationship between the property company and the owner, and their legal status is equal. But in reality, some property companies think they are community managers, and the owners are the objects to be managed; The owner thinks he is the master and the property management company employs him. Owners and property management companies have their own understanding of the legal relationship between them, so their understanding of rights and obligations is quite different, which leads to obstacles in communication between the two sides.

Countermeasures: win the trust of the owner by service

At the symposium, Wanhe Property Company's management experience in Hongye Garden was well received by the court. Li Hexiang, the person in charge of the property management company, said that when Wanhe Company took over the community for the fourth time, garbage was everywhere in the community and there was no greening. Because the sewage pipe was crushed, a drainage ditch 80 meters long and 40 meters wide actually appeared in the community. Wanhe Property Company first restored the street lighting facilities in the community within 3 days, and invested more than 20,000 yuan. Then, 20,000 yuan was invested to dig stinking ditches, clean sewage, repave pipelines and dredge the sewage system in the community. After that, the cleaning work, replanting of green belts and arrangement of flower ponds were carried out in an orderly manner. Finally, it completely gained the trust of the owner.

Question 4: The heating temperature is not up to standard.

Heating quality is a sensitive issue, and the collection of heating fees can be said to be a thorny issue for every property company. The heating fee is a big burden for some families, but what bothers them most is that the heating temperature can't reach the minimum 16℃ stipulated by the municipal government, which leads to a large number of owners refusing to pay the heating fee as a means of safeguarding rights.

Countermeasures: The owner's representative can supervise together.

The court held that although the government has introduced many systems and put forward many requirements on whether the heating quality meets the standard, the biggest problem is that the government's supervision is not enough and there are no corresponding sanctions. It is suggested that the property management company can jointly monitor the heating temperature during the heating period with the representatives of the owners and neighborhood committees.

Question 5: The property ignores neighborhood disputes.

This phenomenon accounts for about 5% of the cases. For example, the owners of the first and second floors of Building No.8 in a residential area illegally built the previous building, which affected its lighting. They think that the property company should stop it but ignore it, thus refusing to pay the property fee. There are also cases where the decoration and furniture of the upstairs owners are damaged due to the leakage of heating or pipes. They think that the property company should be responsible for the maintenance, otherwise the upstairs owners will shift the responsibility to the property company without maintenance and refuse to pay the property fee.

Countermeasures: communicate with the owner actively.

Property management companies should actively communicate with owners, reason, improve working methods, or help owners solve problems. Except for some extremely exceptional owners, try not to go to court directly to solve the problem, otherwise the contradiction will escalate rapidly.