What should the property management company do if the property manager hits someone?

If a property dispute hits a person, it can be handled by both parties through consultation, or it can be mediated or arbitrated by a third party. If no agreement can be reached, you can sue for judgment. The handling of property disputes can be identified and handled in accordance with the relevant matters of civil contradictions and disputes.

First, how to deal with property disputes?

The ways to handle property disputes are as follows:

1, the owner and the property management company negotiate to solve it.

The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

2. Third-party mediation

This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

3. Submit to the arbitration organ for arbitration.

This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.

Step 4 complain

When there is a dispute between the owner and the property management company, the owner may complain to the real estate administrative department of the local people's government at or above the county level according to Article 49 of the Property Management Regulations.

Step 5 file a lawsuit

If the owner can't solve the dispute through the above four channels, he can submit the dispute to the court or directly file a lawsuit with the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

6. Change the property management company

If the above methods can't satisfy the owner, the owner can change the property management company.

Second, the causes of disputes over property contracts

1. The owner is not satisfied with the service provided by the property management company.

With the improvement of people's living standards, people's demand for property management professional services has increased rapidly, and the requirements for service quality have also increased accordingly. In practice, many owners report that the management of residential environment by property management companies has not reached expectations and their obligations are not in place. For example, the greening of the community is not in place, the sanitation of the community is unqualified, the garbage disposal is not timely, and even the hidden dangers of the community are great, and bicycles and motorcycles are often stolen. In this case, many owners refuse or delay the payment of property fees on this ground.

2. The laws and regulations related to property services are not perfect, and the administrative work is not perfect.

China's property management came into being in the 1980s, with a late start and immature system, and the formulation of corresponding laws, regulations and rules on property services is relatively lagging behind. Until 265438+the beginning of the 20th century, the State Council promulgated the landmark administrative regulation "Property Management Regulations", which brought the early property management into the legal track, made up for the shortage of the early property management, and made it possible to standardize the early property management market. However, with the rise of urban real estate industry, the problems in the field of property management are becoming more and more complex and diversified, and there is no corresponding standard to be based on, which leads to some disputes that are difficult to solve for a long time and puzzles the parties and administrative departments. The defects and loopholes in norms, systems and management work provide artificial environmental conditions for the emergence of disputes.

3. Pre-realty service enterprises are generally selected by developers, not by all owners or owners' committees.

As the pre-property companies are generally affiliated enterprises of real estate development enterprises, they may be subordinate companies established by real estate development enterprises, that is, there is a "father-son" relationship between real estate development enterprises and property management enterprises. Owners often don't distinguish between property enterprises and real estate development, they are two independent civil subjects, and they think they are a family. Therefore, owners often refuse to pay property fees on the grounds of housing quality problems or housing planning greening rate not reaching the promise.

4. The service contract between the owner and the property service is not clear, and there is no agreement on the service content, service quality standard, charging items and charging standards.

Matters related to property disputes need to be handled in strict accordance with the procedures and requirements stipulated in the above laws. If the handling of the relevant situation is not clear, you can consult a lawyer to define the law. If serious illegal facts are caused, it is necessary to investigate the legal responsibility of the relevant personnel.