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What are the common property disputes?
1. What are the common property disputes?
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, and the collection standard should be strictly in accordance with the contract. 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 of the economic affordability of the owners. Other houses must be approved by the owners or the owners' committee.
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, property management companies to stop power supply, water supply, gas supply and other measures to deal with disputes, such disputes, should be analyzed in detail. If it is agreed in the property management contract that measures such as water, electricity and gas can be taken against the owners who are in arrears, it shall be agreed.
6. Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.
Article 5
If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.
The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.
Two. Interpretation of Property Service Disputes What is Article 12?
Interpretation of Property Service Disputes Article 12 The people's court shall handle the property service disputes caused by the lessee, borrower or other property users' violation of the property service contract and laws, regulations or management regulations with reference to the provisions of this Interpretation on the owners.
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