Job Recruitment Website - Property management company - Can the litigation subject of property disputes be the owners' committee?
Can the litigation subject of property disputes be the owners' committee?
1. The property management company violates the contract and damages the public interests of the owner;
2. The owners' congress decides to terminate the property management contract in advance, and the property management company refuses to quit;
3. When the property management contract is terminated, the property management company refuses to hand over the property management house and the information specified in Article 29, paragraph 1 of the Property Management Regulations to the owners' committee;
4. Other circumstances that damage the rights and interests of all owners.
Property users in any of the following circumstances, can be used as the subject of litigation:
(a) the property user and the property management company directly sign a property management contract;
(two) the property user has accepted the property service and formed a de facto property service relationship with the property management company;
(three) the owner and the property user agreed that the property user should pay the property service fee;
(four) the use of property in violation of the "Regulations" and the provisions of the owners' convention.
When a property management company fails to perform its obligations, it can list the property management company as the defendant and the construction unit as the third party, or it can directly take the construction unit as the defendant and bring a lawsuit on the grounds of infringement.
legal ground
Twelfth "Property Management Regulations" can take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area. "The owner may entrust an agent to attend the meeting of the owners' congress. The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. The decisions of the owners' congress or the owners' committee are binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.
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