How to deal with the quarrel between the property and the owner

If there is a dispute between the property and the owner, first of all, the two parties can negotiate to solve it, or let a third party mediate; Secondly, if there is no way to mediate, you can complain to the local housing management department and ask an arbitration institution for arbitration. The best solution is mediation.

1. How to deal with disputes between property and owners?

(1) Both parties shall settle the dispute through consultation and mediation.

Property management civil dispute mediation includes civil mediation and administrative mediation. In civil mediation, the parties to the dispute jointly select institutions and individuals, and the third party proposes solutions according to the opinions and authorization of both parties.

Disputes can be resolved through mutual agreement and implementation. However, such mediation has no legal effect. After mediation, if one party refuses to perform the agreed matters, the dispute remains unresolved.

Administrative mediation of property management disputes shall be conducted by the competent government, but if one party fails to comply with the implementation, it must be resolved through other means.

Civil mediation and administrative mediation are different from arbitration or litigation mediation. Mediation in arbitration or litigation is a link in arbitration procedure and has no independence.

(two) to resolve property management disputes through arbitration.

According to the provisions of China's Arbitration Law: "Contract disputes and other property rights disputes between citizens, legal persons or other organizations with equal subjects may be arbitrated."

The jurisdiction of the arbitration tribunal over property management disputes is based on the agreement approved by the parties. There are two ways of arbitration agreement: one is to stipulate a clause when the contract is concluded, stating that once a dispute occurs, it will be submitted to arbitration, which is called arbitration clause; Another way is to temporarily reach a written agreement and submit it to the arbitration tribunal after a dispute arises between the two parties.

(1) The arbitration agreement shall specify the following contents:

1. Expression of intention to request arbitration;

2. Arbitration matters;

3. Arbitration Commission to be determined.

Note: Disputes arising from reaching an arbitration agreement shall not be brought to court; Even if a lawsuit is filed, the court will not accept it.

(2) The general procedure of arbitration is:

1. One party submits an arbitration application to the Arbitration Commission, which shall decide;

2. The Committee decides whether to file a case within 5 days after receiving the application;

3. After filing the case, send the arbitration rules and the roster of arbitrators to the applicant within the prescribed time limit, and send a copy of the arbitration application, the arbitration rules and the roster of arbitrators to the respondent.

4. The respondent shall reply within the prescribed time limit, and both parties shall determine the arbitrator according to the roster. The ordinary procedure consists of three arbitrators and one arbitrator each.

A presiding arbitrator will be appointed; If the case is simple and the subject matter of the dispute is small, a summary procedure may be applied and the case shall be tried by an arbitrator;

5. Trial: trial investigation, cross-examination, debate and mediation proposal;

6, the production of mediation or mediation has not made a ruling;

7. The parties apply to the court for enforcement.

Different from the two-instance final adjudication system in judicial trials, the public verdict is final.

(three) through litigation to solve property management disputes.

The litigation procedure of civil disputes over property management generally has the following steps:

1. One party (plaintiff) submits a complaint and brings a lawsuit to the court;

2. After filing the case, the court will serve a copy of the complaint on the defendant;

3. The defendant filed a defense;

4. Court session: investigation, debate and mediation;

5, the production of mediation or first-instance judgment;

6. If neither party appeals, the judgment will take effect; Or one party refuses to accept the appeal and enters the second instance procedure;

7. Trial of second instance: making a conciliation statement of second instance or issuing a judgment of second instance, which is the final judgment, and the above contents shall not be mentioned;

8. implementation.

Second, what are the common types of property disputes?

(1) Property disputes without a property service contract

Many property management companies have not signed written contracts with owners' committees or owners. In the absence of contractual stipulations and provisions, disputes between the two parties are easy to occur and cannot be solved well. Therefore, the property service contract is still very important, and the owners need to pay attention to signing the property service contract, and don't ignore it easily.

(B) the property fee standard dispute

The property management service fee for ordinary houses is the government-guided price. When determining the fees, it should be based on the reasonable cost of property management services and the comprehensive calculation based on the economic affordability of the owners. For other houses, it must be approved by the owners or the owners' committee. But in fact, there is no specific standard for property fees, and property companies will collect fees indiscriminately, which will also lead to disputes.

(three) the owners refused to pay the property management fee dispute

It may be unreasonable for the owner to refuse to pay, or the service quality provided by the property management enterprise can't meet the standard stipulated in the contract, or it may be unreasonable to share the expenses on business, which needs to be handled according to different actual conditions.

(D) Property management companies breach of contract disputes

The default behavior of property management enterprises is mainly manifested in poor maintenance and management of public parts and facilities; Failing to fulfill the management responsibilities of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment. At this point, property management companies need to bear the liability for breach of contract according to law.

(5) Improper handling of property disputes

At present, many property companies often adopt inappropriate methods when dealing with property disputes and disputes with owners, such as violent settlement and litigation. In this way, it is not only difficult to solve the fundamental problem, but also easy to intensify contradictions.

There are several types of property disputes: payment of property fees, infringement of public facilities and violation of property management regulations. It is best to settle property disputes through consultation. If not, you can apply for litigation.