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Air-conditioning external machine dispute handling process
1. What should I do if the air-conditioning dispute property cannot be handled?
If the dispute over outdoor air conditioning cannot be handled, the property can choose to go to court, and the property has no obligation to mediate neighborhood disputes.
People's Republic of China (PRC) Civil Code
Article 942 General Obligation of Property Service Providers Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
Article 943 Obligation of Information Disclosure of Property Service Providers Property service providers shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income in a reasonable way, and report to the owners' meeting and owners' committee.
Second, what are the provisions of the property service contract?
People's Republic of China (PRC) Civil Code
Article 937 Definition of Property Service Contract A property service contract is a contract in which a property service provider provides property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order to the owners within the property service area, and the owners pay property fees.
Property service providers include property service enterprises and other managers.
Article 938 Contents and Forms of a realty service contract The contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover.
The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.
The realty service contract shall be in written form.
Validity of the realty service contract The prophase realty service contract concluded by the construction unit and the realty service provider according to law and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.
Article 940th Conditions for Termination of Pre-realty Service Contract According to Law If the service period stipulated in the pre-realty service contract concluded by the construction unit and the realty service provider according to law expires and the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the pre-realty service contract shall be terminated.
Article 941 Where a realty service provider entrusts a specific service item within the realty service area to a professional service organization or other third party, it shall be responsible to the owner for the specific service item.
The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.
In the neighborhood of contemporary social life, if there are some disputes about outdoor air conditioning, you can ask the property management company to mediate in the middle, but this is not the obligation or the right of the property management company. The final solution is preferably negotiation or litigation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1 of the Civil Procedure Law of People's Republic of China (PRC) The Civil Procedure Law of People's Republic of China (PRC) is based on the Constitution and combined with the experience and actual situation of civil trial in China.
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