Owner's reply

Now that the management of the community is handed over to the property management company, it is inevitable to encounter disputes between the property and the owners! Then do you know how to write the owner's reply? The following is the owner's reply model, please refer to it!

Complaint of First Instance on Property Service Contract Dispute 1

Respondent:.

Address: Hezhou, Guangxi.

Defendant (plaintiff of first instance): Hezhou City, Guangxi.

Property management co., ltd.

Address: Hezhou City.

Legal representative:.

General manager)

Respondent due to.

Plaintiff (Hezhou City, Guangxi) disputes over property service contract.

Property management co., ltd.) violates the property service contract and property management regulations and fails to fully perform the contract. The respondent believes that the plaintiff violated the principle of honesty and trustworthiness by breaching the contract in advance; It is obviously against the principle of fairness for the plaintiff to collect liquidated damages from the owner.

Moreover, it should be based on its incomplete performance of the contract, and the service fee cannot be charged in full.

Therefore, the plaintiff has no reason to charge the full service fee and the labor fee for cleaning the sewage pipeline, and there is no reason to charge the owner's liquidated damages.

Otherwise, it is obviously unfair.

The defendant asked the court to dismiss the plaintiff's claim.

I hereby submit the following reply:

1. The plaintiff's property services were not fully performed.

The plaintiff violated the provisions of Article 60 of the Contract Law, and the parties concerned should follow the principles of full performance (also called proper performance) and cooperation in performance when performing the property management contract.

The so-called full performance means that the parties fully perform their contractual obligations in an appropriate way at an appropriate time and place according to the objectives, quantity and quality agreed in the contract.

The parties shall not only perform the main payment obligations of the contract, but also perform the subordinate payment obligations and incidental obligations agreed in the contract or based on the principle of good faith. As long as one party fails to meet the contract, it constitutes a debt default and may be liable for breach of contract.

The principle of cooperative performance refers to the principle that both parties should properly perform their contractual obligations and assist each other to perform their contractual obligations based on the principle of good faith.

The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

This clause stipulates that the parties shall not only perform their obligations in accordance with the contract.

It is also necessary to perform the obligations of assistance, notification, confidentiality and prevention of loss expansion that are not stipulated in the contract but should be performed in accordance with the principle of good faith.

According to Article 2 of the preliminary property service contract signed: ① Maintenance, conservation and management of the used parts of the property; ② Operation, maintenance and management of facilities and equipment in the property; (3) Cleanliness and sanitation of the premises and related sites of the property, garbage collection, removal and drainage of rain and sewage pipes; (4) Maintenance and management of public greening; ⑤ Vehicle parking management; 6. Assist and manage public order maintenance, security and other affairs; ⑦ Decoration management service; ⑧ Property file management

The respondent did not even have basic closed management, guard management, personnel supervision, fire-fighting facilities, street lamp installation and safety management, and failed to fulfill the contractual obligations, which obviously belonged to only charging less services; Streets extending in all directions, lack of property facilities and inadequate services; There is no access control gate, no doorman and guard facilities, and no security duty room. Foreigners and unidentified personnel, including mental patients and beggars, can enter and leave the business service area at will, and will not guarantee the personal property and safety of the owner.

So far, no peripheral gates have been set up, which proves this point.

This is also evidence that the contract has not been fully performed.

How can we maintain public order? Where does safety management come from?

The defendant did not fully perform his contractual obligations.

Therefore, the respondent breached the contract first and did not fully perform the contractual obligations, at least not fully.

Two, the respondent violated the provisions of article thirty-sixth of the regulations on property management.

Article 36 of the Regulations on Property Management and the Detailed Rules for the Implementation of the Regulations on Property Management: Property management enterprises shall provide corresponding services in accordance with the stipulations of the property service contract.

If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

The plaintiff failed to perform the third item of Article 2 of the contract: the cleaning and sanitation of the used parts of the property and related sites, the collection and removal of garbage, and the dredging of rainwater and sewage pipes.

On rainy days in front of the street, there was serious water accumulation in a large area, and no one dredged the sewage channel; After the delivery of the house, in front of A6 # 25th building, and after the migrant workers left, the garbage was in a mess, and the daily necessities of migrant workers were full of waste. When the sewage pipe was not installed properly, the unfinished sewage pipe became a rat's nest, full of sewage pipes, which were repeatedly reported to the staff of the property service company, but no one asked, and rags and rotten quilts blocked the sewage pipe.

In addition, A6#20, A6 # 2 1 building's back exterior wall common surface drainage pipes were damaged, and the property service company was repeatedly asked for maintenance and dredging, but it was never solved, resulting in the dim appearance of the whole building. All these are the cleaning and sanitation, garbage collection and removal, and the dredging of rainwater and sewage pipelines of the relevant sites where the plaintiff performed its contractual obligations.

At the same time, no one cleaned up the garbage left by the owner outside the door and the garbage on the road.

Since the street has become a busy street, why not clean it up? Casually urinating and littering, the plaintiff obviously failed to fulfill the contractual obligations of cleaning the relevant site, collecting and removing garbage.

Three. The plaintiff violated Article 47 of the Property Management Regulations.

Article 47 of the Regulations on Property Management: Property management enterprises shall assist in the safety precautions within the property management area.

When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner.

Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel.

Security personnel shall perform their duties in maintaining public order in the property management area and shall not infringe upon the legitimate rights and interests of citizens.

The plaintiff failed to perform the contract? Second, six? : Assist in the management of public order maintenance, safety precautions and other matters, resulting in the theft of the owner's motorcycle on A6 # 25th floor, and the theft of diesel oil in tractor fuel tank. The plaintiff has not taken safety precautions so far, which obviously violates the contract and belongs to the loss caused to the owner by incomplete performance. The plaintiff is at fault.

The respondent contacted the power company several days after the electricity meter and wires in A6#2 1 building were burned and no one maintained them, which led to the owner's power failure, and asked people to repair them at their own expense.

If the plaintiff fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

The plaintiff did not pay attention to matters such as safety precautions, but regarded maintenance as his own work, which was deceiving himself and the owner.

The respondent defrauded the owner of the work that did not belong to him, and took it as the factual evidence of his performance of the work, which could not be fully accepted.

IV. The plaintiff violated Article 38 of the Property Management Regulations.

Article 38: The ownership of the property management house belongs to the owner according to law.

Without the consent of the owners' meeting, the property management enterprise shall not change the use of the property management house.

If the plaintiff did not plan to build a public toilet, there was no public toilet on the plan, and the public toilet was built without the consent of the owner, which made people enter and leave at will, which affected the safety and polluted the environment; Businessmen went to the dark corner to urinate and defecate at will, and were finally blocked after protesting.

This is the respondent's unauthorized change of the use of the property management house and unauthorized construction of other uses.

Losses caused to the owner.

Verb (abbreviation of verb) The plaintiff violated Article 45 of the Property Management Regulations.

Forty-fifth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users.

If a property management enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Water and electricity cuts are within the authority of hydropower companies. Without the consent of the owner, the respondent can't ask for the payment of the property service fee by cutting off power and water, otherwise it is illegal.

The respondent seized the owner's water fee payment card without the owner's consent, and took the form of all owners sharing the water fee, abusing the responsibility of other departments rather than property services.

As a result, some owners owe water fees, but the plaintiff cut off the water supply of all owners, implicating other owners and obviously infringing on the interests of owners.

Article 25 of the contract: the owner shall pay the special maintenance fund 1 1,000 yuan in one lump sum for each household.

However, after all the owners protested against the property services provided by the plaintiff, the defendant did not return the owner's special funds?

6. The plaintiff violated Article 41 of the Property Management Regulations, the Measures for the Administration of Property Charges and this Contract.

Article 41 of the Regulations on Property Management: Property service charges shall follow the principles of reasonableness, openness, and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property management companies shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Article 12 of the Measures for the Administration of Property Charges: Property management enterprises shall announce the annual budget and final accounts of property service funds to the owners' assembly or all owners, and announce the income and expenditure of property service funds at least once a year.

When the owners or the owners' congress raise questions about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall reply in time.

Article 8 of the preliminary realty service contract: announce the income and expenditure of realty service funds to all owners twice a year.

Respondents regard service as the administration of officials? If the income and expenses are not fulfilled in accordance with the provisions of laws, regulations and agreements, and the income and expenses are not announced, the owners will not be able to supervise their work.

Whether the plaintiff's income and expenditure are reasonable and whether the charging items are transparent and open.

It's been several years, so far, no revenue and expenditure has been announced to the owner.

The defendant agreed that the owner owed the fee.

Article 7 of the contract: the owner shall pay the property service fee on the date of delivery.

The property service fee shall be paid quarterly, and the payment obligation shall be fulfilled before the expiration of 15.

Article 19 of the Contract: Party B may take necessary measures such as persuasion, warning and reporting to relevant departments to stop the owners and property users from violating the Temporary Convention and the property rules and regulations in the property management area.

The defendant knew that he had not fully performed the contract, and the owner objected to the plaintiff's failure to perform the contract, which violated the property management regulations.

I have a guilty conscience and agree with the owner's breach of contract. I can also get more loan interest than the bank through litigation and take usury in disguise, killing two birds with one stone.

However, when the payment was not made in the current quarter, there was no dunning work and no dunning. It is the default and consent of the owner, and now the so-called liquidated damages exceed the cost, which is caused by the plaintiff's ulterior motives.

Failing to persuade Party B to stop the owners and property users from paying fees in time, the plaintiff himself breached the contract.

To sum up, the respondent believes that the respondent's claim is inconsistent with the litigation reasons, which violates the facts and legal provisions.

The fact that the plaintiff breached the contract first and collected liquidated damages from the owner is not sufficient, which violates fairness and justice; Moreover, the plaintiff did not fully perform the contract and charged the full service fee and labor fee for cleaning the sewage pipeline, which was obviously unfair.

The respondent requests the court to adjudge the respondent to bear the legal responsibility for incomplete performance of the contract, so as to show the fairness and justice of the law!

I am here to convey

People's court

Attachment: 2 copies of this defense.

Respondents:

Xx 6th, two thousand

Property dispute reply II

answer

(2009) Si Min Zi Chu No.460

Respondent: Cui

Respondent: Qingdao Property Management Center.

The defendant's reply to this case is as follows:

1. This case is a property contract dispute, not a property fee dispute.

According to the Notice of the Supreme People's Court on Printing and Distributing the Provisions on the Cause of Action of Civil Cases (Fa Fa Fa)

[2008]No. 1 1 andNo. 108 (15) agreed that the cause of this case should be a property service contract dispute.

There is no property fee dispute in the Supreme People's Court notice.

2. The owners' meeting of the residential community where the defendant is located did not authorize the Qingdao residential community owners' committee to sign the property contract with the plaintiff in this case, so the contract has no legal effect.

First of all, the property contract in this case was signed in 2006, so it should be adapted to the Property Management Regulations of the State Council, which came into effect on September 1 2003, instead of the revised Property Management Regulations of the State Council, which came into effect on September 10/2007.

Secondly, in this case, the owners' committee signed the contract beyond its responsibilities and authority.

From 2007 to 2009, the owners' meeting of the defendant's residential community did not make a decision to hire the plaintiff.

According to Item 2 of Article 15 of the Property Management Regulations in 2003, the owners' committee signed a property service contract with the property management enterprise selected by the owners' meeting on behalf of the owners.

Qingdao Jiahe Road Owners' Committee signed a property contract with the plaintiff without the decision of the owners' meeting to hire the plaintiff. The decision of the owners' committee goes beyond its statutory duties and authority, and the contract has no legal effect.

3. The owners' meeting of this community has not yet decided to re-employ the plaintiff to provide property services for this community, and the plaintiff's demand for property fees from the defendant lacks legal support.

The plaintiff's property contract in the community expired in 2006, and the property contract in this case is a renewal contract.

According to Article 29 of Qingdao Property Management Regulations, the selection, renewal and dismissal of property management enterprises are decided by the owners' committee.

Four, the plaintiff's standard for calculating property fees has no legal basis.

The owners' meeting of the defendant's residential area disagreed with the property fee standard proposed by the plaintiff.

In 2007, the owners' meeting of this community made a decision on the property fee standard proposed by the plaintiff, but the owners' meeting disagreed with the property fee standard proposed by the plaintiff.

According to the property management regulations, the owners must implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress.

As the owner, the defendant must implement the decision of the owners' meeting.

Five, the case should be added to the Qingdao Community Owners Committee as the third person in this case.

On behalf of the owners, the owners' committee supervises the property company to perform the property contract, and decides whether to renew the employment of the property company according to the decision of the owners' meeting.

This case is a property contract dispute, and the participation of the owners' committee in the trial of this case plays a vital role in finding out the legal relationship and facts of the case. The trial result of this case has a direct legal interest with the owners' committee of this community, so the owners' committee of this community should be added as a third person in this case.

To sum up, the contract advocated by the respondent has no legal effect, and its claim has no legal and factual basis, so the respondent's claim should be rejected according to law.

Respondents:

20XX years

Complaint of default on property fees 3

Name of the respondent: xxx Gender: male; Ethnic group: Han nationality; Id card: 34 * * * * * * * * 2857

Current address: BOBO City-Building-Unit-Room, Chery, Wuhu, Anhui, owner of BOBO City;

The reply to the case of Wuhu xx Property Co., Ltd. (hereinafter referred to as xx Property) v. the respondent's property service contract dispute is as follows:

In the meantime, please

1. Please ask xx Property to provide valid evidence that the defendant failed to pay the property fee during the litigation (required);

What evidence is there to prove that the defendant did not fulfill his obligations and did not pay the property management fee?

2. The defendant was sued for the property of xx from 2011to 20 14 on August 3 1, and the fees were not paid. According to the limitation of civil action, the plaintiff has exceeded the limitation of civil action and the defendant has lost the right to sue;

If the limitation of civil action has expired, the court shall directly reject the plaintiff's claim;

3. Regarding the problem that xx property occupies the owner's public area and arbitrarily marks parking spaces, please give a reasonable explanation to xx property and submit the license documents to the court and public security organs for examination and approval;

4. The defendant mentioned in the civil lawsuit failed to pay the fees in time, and the liquidated damages of xx property were 4,855.00 yuan, and required xx property to issue effective legal provisions and legal provisions on which this agreement is based to the court and the defendant;

5. During the service period, XX Property failed to perform its property duties, failed to perform in accordance with the terms of the property service agreement, and failed to fulfill its commitments. See the Property Management Service Agreement for details, which is a serious violation of Paragraph 2 of Article 6 of the Entrusted Property Management Contract? It is stipulated that it is not allowed to charge only for no service or overcharge for less service; Specific non-service phenomenon can also refer to the relevant evidence provided by other owners;

6. 70% of the parking fee charged by 6.XX Property has not been paid to the owner, which is a serious violation of relevant management regulations and may lead to misappropriation or embezzlement of public funds; (Please show xx Property the income and expenditure of the parking fees collected);

7. The first owners' committee was set up to manipulate xx property privately, and the majority of owners didn't know it. Some members of the owners' trade union held important positions in the property, but no one knew it, and they didn't do anything for the owners, which was seriously inconsistent with the regulations;

8. Hygiene can't be cleaned in time, the corridor can't be cleaned once for many days, the dust on the handle is serious, and there is no intuitive evidence to change the evidence. If the court needs it, I can provide more than 50 real-name signature certificates; In summer, most trash cans are damaged and leak sewage, and no one treats them. When cleaning, the cleaning car deliberately said that the sewage fell to the ground; I live on the first floor, the smell is very bad, and the feedback equipment has not been improved many times;

9. The housing problem, the deformation of the back balcony wall, requires rectification. Since the day of taking the house, the property has deliberately shirked and has not been rectified so far. The interior wall has been hollowed out in many places and has not been solved. Solve your own needs, 360 yuan. The bathroom is waterproof as required, and the water seepage is serious, which leads to the damage of furniture and floor in the home;

10. The lighting in the underground garage has been damaged for a long time, reflecting that it has not been maintained for many times. Gu paid for the installation of the light bulb (10 yuan).

The corner of the basement cracked, which was a potential safety hazard and was not repaired. The garage under the building should be owned by the owner, and the property is occupied privately and sold to relevant personnel at a high price. Most street lamps don't work, and some of them are even removed, which seriously damages the legitimate rights and interests of owners.

9. The photos about xx property accident reminder are all false certificates, and my newspaper box can be viewed on the spot. Unlike the photos, the reminders posted in the photos are the same, and the environment is the same. The fraud is obvious. False evidence, contempt of court. I urge the court to hold them accountable;

10, it is understandable for the management of the community to set up a gate guardrail. Why can't the owner enter normally and the vehicle must apply for an access card? My own home arranged a janitor for others, but didn't give me a home. What a good reason! ! !

1 1. Article 3, paragraph 2, of the property contract clearly stipulates that it is not allowed to charge only for no service or charge more for less service. From the above statement, it can be reflected that Xiangrui Property does charge only for no service.

12. Now xx Property has agreed to hand over the property management to xx Property, which means that they have nothing to do with our owners now. How can an unrelated property have the right to sue our owners?

13, public security problems in the community, many owners were stolen (evidence can be obtained and reported to the public security department) and most of the cameras that should have been equipped in the community were damaged, which caused resistance to case detection and brought difficulties to case detection;

14. The fire escape in the residential area has been closed for many years, and the lock has rusted. Once a fire breaks out, the fire can't get in, which is harmful to the safety management of the community. At the same time, fire prevention and theft prevention activities and related matters have never been carried out for many years;

15, the commercial street area of the residential area is seriously occupied, and there is no corridor to cross. It has been reported many times and has never been rectified.

Final statement: I am an ordinary citizen, and we hope that our efforts can be rewarded accordingly, or similar rewards, rather than no rewards at all. As can be seen from the above statement, the omission of property exists as a fact, and the breach of contract precedes. It is hoped that the court will reject the plaintiff's claim from the standpoint of protecting the weak, investigate the plaintiff's responsibility for making false certificates according to law, and compensate the defendant at the same time.

1. The defendant's lost time during the lawsuit is 200 yuan/day.

2. Transportation expenses 50 yuan/trip

3. Buy light bulbs 6 times in the early stage, 24 yuan.

4. Admission fee 100 yuan.

5. Initial cost of wall construction and repair in 360 yuan.

6. mental damage compensation 5,000 yuan (I haven't been to court, and I haven't been able to sleep late at night after receiving the summons, and my mental damage is great,)

Reputation loss of 2000 yuan

* * * RMB amount: xxxx yuan.

In view of the above statement, the court can investigate and visit its authenticity and reliability.

I am here to convey

Defendant: xxx

Xx，xx，XX，XX