Basis for property management to handle complaints

The legal basis for handling property disputes is the Property Management Regulations. Property dispute is a very common dispute. When there is a property dispute, it is best to settle it through consultation in the spirit of mutual benefit. If negotiation fails, it can only be settled through litigation.

1. What is the legal basis for handling property disputes?

property management regulations

Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3. If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Second, the way to deal with property management disputes:

(a) property management civil dispute mediation, including civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly choose an institution, organization and individual, and the third party proposes a solution based on the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. However, such mediation has no legal effect. After the mediation, if one party fails to implement it, all previous efforts will be in vain.

The administrative mediation of property management disputes is carried out with the help of government departments. If one party fails to comply with the implementation, it will be resolved through judicial procedures.

(2) Arbitration disputes that can be resolved through arbitration should be civil disputes, mainly disputes based on contracts or disputes over property rights. According to the provisions of China's Arbitration Law: "Contract disputes and other property rights disputes between citizens, legal persons or other organizations with equal subjects may be arbitrated." Arbitration to solve property management disputes must have an arbitration agreement recognized by the parties. There are two ways of arbitration agreement: one is to stipulate a clause when the contract is concluded, stating that once a dispute occurs, it will be submitted to arbitration, which is called arbitration clause; Another way is to temporarily reach a written agreement for arbitration after a dispute arises between the two parties. The general procedure for applying for arbitration in property management disputes is: (1)

One party submits an arbitration application to the selected arbitration commission; (2)

The arbitration commission shall decide whether to file a case within 5 days after receiving the application; (3) After filing a case, the arbitration rules and the roster of arbitrators shall be served on the applicant within the prescribed time limit, and a copy of the arbitration application, the arbitration rules and the roster of arbitrators shall be served on the respondent. (4) The respondent shall reply within the prescribed time limit, and both parties shall select arbitrators according to the roster. The ordinary procedure consists of three arbitrators, one for each party, and one appointed by the Arbitration Commission as the presiding arbitrator; If the case is simple and the subject matter of the dispute is small, a summary procedure may be applied and the case shall be tried by an arbitrator; (5) Trial: trial investigation, cross-examination, debate and mediation proposal; (six) the production of mediation or mediation fails to make an award; (7)

The parties apply to the court for enforcement. Different from the two-instance final judgment system in judicial trials, the arbitral award is final.

(3) Litigation is a common way for parties to solve civil and administrative disputes through litigation. The jurisdiction of litigation is the people's court. Obviously different from arbitration, the jurisdiction of the people's court over the parties who have submitted litigation is mandatory. The litigation procedure of civil disputes over property management generally has the following steps: (1)

One party (plaintiff) submits a complaint and brings a lawsuit to the court; (2) The court shall serve a copy of the complaint on the defendant after filing the case; (3) The defendant submits a statement of defense; (4) Opening a court session: investigation, debate and mediation; (5)

Making a conciliation statement or a judgment of first instance; (6) If neither party appeals, the judgment will take effect; If one party refuses to accept the appeal, it will enter the second instance procedure; (7) Second instance: making a conciliation statement of second instance or issuing a judgment of second instance, which is final and cannot be appealed; (8)

Apply for execution. Arbitration and judicial proceedings should follow the principles of legality, openness, fairness and justice, that is, taking facts as the basis and taking law as the criterion. Mainly based on property management regulations, it may also involve civil code, civil code, real estate law, civil code and other relevant local laws and regulations on property management.

When a property dispute occurs, the legal basis is mainly the property management regulations. This is a law and regulation specifically aimed at property disputes. When a dispute between the property and the owner cannot be resolved through consultation, this law can be used as the basis.