Job Recruitment Website - Property management company - Who will bear the legal costs of suing the owners?
Who will bear the legal costs of suing the owners?
1. Who is the most suitable to bear the legal costs of property disputes?
(1) The costs of civil litigation shall be paid in advance by the plaintiff and ultimately borne by the losing party. The specific commitments are as follows:
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation costs borne by the litigant according to its interest in the litigation object.
Second, the characteristics of property disputes
1. Owners' awareness of active rights protection is enhanced, and the means and methods of rights protection are diversified. Compared with traditional cases of property disputes in the past, it mainly focuses on property companies suing owners for property fees and heating fees. However, the owners only passively questioned the service quality of the property company when responding to the lawsuit for rights protection. At present, the owners' awareness of active rights protection has been greatly improved and the means are various. On the one hand, they can take the initiative to sue the property company for violating the legitimate rights and interests of the owners in their actual work; On the other hand, it also actively reflects problems to relevant administrative departments and demands that disputes be resolved through administrative means; At the same time, quite a few communities set up owners' meetings or owners' committees independently to protect their rights by re-signing contracts with property companies or replacing property companies.
2. The rights concerned by the owners are more detailed, professional and expanded. First of all, owners pay more attention to the pursuit of high-quality life. Disputes between them and property management companies or developers are not limited to the basic needs of daily life, such as housing quality, but pay more attention to details and create a high-quality living environment for themselves. For example, there are more and more lawsuits filed by owners because of the noise caused by elevator operation and the safety performance of glass installed in houses. Because there are professional industry standards and technical specifications for such problems, it is often necessary to refer to the interpretation and opinions of experts or formulation departments. Secondly, the owner's concern about the scope of rights is no longer limited to his own exclusive rights, but more focused on the maintenance and exercise of membership rights and * * * beneficial rights.
3. The group characteristics of owners' rights protection are increasingly obvious, which has great potential influence. Due to the strong publicity of the rights and interests involved in the above-mentioned property dispute cases, many owners often take the plaintiff as * * * and file a lawsuit. For example, the cases of noise pollution, safety glass and green space renovation accepted by Chaoyang court are all joint lawsuits of dozens of owners. At the same time, the network also played the role of communication in this process. Many owners have joined forces to file lawsuits through the Internet. In addition, the impact of the outcome of such cases is not limited to the parties themselves, but also affects the relevant rights and interests of the owners of the whole community. Improper handling may lead to subsequent disputes.
4. The weak position of the owners in the process of safeguarding rights is still obvious, leading to a vicious circle. This is first manifested in the subject qualification. The subject matter involved in some property dispute cases is related to the rights and interests of all owners, but it is actually impossible to gather all owners to sue as plaintiffs. Secondly, the issue of proof. Because the owner of the car does not have enough professional quality, he can't legally and effectively take evidence preservation measures, and it is difficult to fulfill the burden of proof in the litigation process, which leads to further intensification of the contradiction between the two parties.
In order to reduce property disputes and protect the rights and interests of both the property and the owners, we should maintain good relations at ordinary times, and the two sides should communicate more and improve more. When signing a property management service contract, we should also carefully review the terms in the contract.
- Previous article:Service concept of Zhaotong First People's Hospital
- Next article:What office buildings are there in Hefei?
- Related articles
- Is Bengbu Lanting Bookstore a Repair Room?
- Is the garbage fee a property fee? How to charge the property fee?
- Zhengyi road property score
- What is the sales service hotline of Hu Yusong in Taicang Country Garden?
- What about Nanyang Dongyang Property Management Co., Ltd.?
- What's the telephone number of Yinchuan Jin Zeyuan Marketing Department?
- The subordinate enterprises of Datong Coal Mine Group Co., Ltd.
- Difference between Dongguan Bid Evaluation and Huizhou Bid Evaluation
- How about Suqian Wang Sheng Property Management Co., Ltd.
- Duplex building is popular now, but what are its advantages and disadvantages?