The Supreme People's Court's explanation on the trial of property service disputes

The people's court on the trial of property service disputes

Interpretation of some problems in the specific application of law

In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other legal provisions, combined with civil trial practice.

Article 1 If a realty service enterprise fails to perform its maintenance, conservation, management and maintenance obligations as agreed in the realty service contract, or fails to perform its obligations as agreed in the realty service contract, the owners' committee or the owners request the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, it shall be supported.

Article 2 Where a realty service enterprise refuses to perform or delays in performing the maintenance, maintenance and repair obligations agreed in the realty service contract within a reasonable period of time, or fails to meet the standards agreed in the realty service contract after repeated maintenance, maintenance and repair, the owners' committee or the owners themselves or entrust others to repair and maintain the proprietary part of the owners or part of the common part of the owners, and request the realty service enterprise to bear the relevant expenses, it shall support it.

The exclusive part, * * part and related expenses mentioned in the preceding paragraph are limited to the scope agreed in the property service contract.

Article 3 If the owners' committee or the owners have any behavior that hinders the buildings and their ancillary facilities in the service management building division of the realty service enterprise and the owner's living order, and demand to remove the obstruction, eliminate the danger, restore to the original state or compensate for the losses, the realty service enterprise shall support it.

Article 4 If a realty service enterprise, in violation of regulations, arbitrarily expands the charging scope, raises the charging standard, charges repeatedly, or improperly collects extra fees such as handling fees and reserve funds, the owners' committee or the owners shall support it.

Article 5 The owners' committee or the realty service enterprise requires the owners to fulfill the obligation of paying the realty fee, and if the owners give up their rights, they will not be supported.

All owners agree to raise funds for the maintenance of buildings and their ancillary facilities in accordance with Article 76 of the Property Law. If the owner waives the right of * * * as a defense, it will not be supported.

Article 6 After the expiration of the realty service contract, the realty service enterprise shall continue to provide realty service and management. If the other party does not raise any objection, the original property service contract will continue to be valid, and the term of property service is uncertain. If one party requests to terminate the realty service contract, it shall notify the other party three months in advance.

Article 7 After the expiration, termination or rescission of the realty service contract, if the owners' committee or owners' assembly requests the realty service enterprise to withdraw from the realty service area and hand over the relevant materials and expenses necessary for the realty service room and realty management service, it shall support it.

Article 8 If a realty service enterprise fails to fulfill its security obligations within a reasonable range, causing personal injury in the realty service area, and the obligee requests it to bear corresponding compensation liabilities, it shall be supported.

If damage is caused by the infringement of a third party, it shall be handled with reference to the provisions of the second paragraph of Article 6 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Article 9 If a vehicle is lost or damaged in the realty service area, and the owner requests the realty service enterprise to bear the liability for compensation, it shall determine whether to bear the liability for compensation and the scope of liability for compensation according to the fault degree and charges of the realty service enterprise. If the owner is at fault for the loss or damage of the vehicle, the liability for compensation of the realty service enterprise shall be reduced or exempted according to the degree of fault.

If the property service contract contains the contents of vehicle custody service or the parties sign a vehicle custody service agreement separately, it shall be handled in accordance with the relevant contract or agreement.

Article 10 The effective judgment of owners with the same right is binding on all owners. Its litigation interests belong to all.

Eleventh this interpretation shall come into force as of the date of promulgation; This interpretation applies to cases of first instance accepted after implementation.