Common property legal disputes

Common property disputes are as follows:

1. If there is a property dispute without signing a property service contract, the property management enterprise shall, in addition to handling the relevant enterprise registration, also have the corresponding grade qualification and charging qualification, and obtain the relevant certificate issued by the competent government department;

2. Regarding the standard of property fees, the collection of property fees should follow the principles of reasonableness, openness and suitability for service. The collection standard shall be strictly implemented in accordance with the contract. The property management service fee for ordinary houses is the government-guided price. When setting fees, the reasonable cost of property management services should be taken as the basis, and the economic affordability of the owners should be comprehensively calculated. Other houses must be approved by the owners or owners' committees.

3. It is a basic contractual obligation for the owner to refuse to pay the property management fee as agreed, but the causes of such disputes are very complicated in practice. Therefore, to deal with such disputes, we should proceed from reality and deal with them according to different situations;

4. If the property management enterprise breaches the contract, and the property management enterprise sells or rents the parts of the property to others for operation or sets up billboards, it shall be ordered to immediately restore the original state and cause losses to the owners or users, and the property management enterprise shall be liable for compensation;

5. Disputes arising from measures taken by property management enterprises to stop power supply, water supply and gas supply, if the property management contract stipulates that the owners can take measures such as stopping water supply, power supply and gas supply, such provisions shall prevail.

Legal basis: Article 17 of the Regulations on Property Management.

The management agreement shall stipulate the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform and the responsibilities that they should bear if they violate the management agreement.

Management regulations shall respect social morality and shall not violate laws and regulations or harm public interests.

Management regulations are binding on all owners.