Neighborhood dispute property management?

1. Does the disputed property in the neighborhood have the right to manage?

Neighborhood disputes have no right to manage the property, because the property company is actually not responsible for these. 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, how to deal with neighborhood disputes caused by property?

(1) Consultation

On the basis of friendship, both parties to the contract can resolve disputes through mutual consultation, which is the best way.

(2) Mediation

If the parties to a contract fail to reach an agreement through consultation, they may request the relevant institutions to mediate. For example, if one or both parties are state-owned enterprises, they can seek mediation from higher authorities. Higher authorities should clearly distinguish right from wrong and mediate on the basis of equality, rather than administrative intervention. The parties may also request the contract management authority, arbitration institution and court. To mediate.

(3) Arbitration

If the parties to a contract fail to negotiate and are unwilling to mediate, they may apply to an arbitration institution for arbitration according to the arbitration clause agreed in the contract or the arbitration agreement reached by both parties after the dispute occurs.

(4) Litigation

If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract may submit the contract dispute to the court for judicial settlement. In addition to the above general characteristics, some contracts also have their voluntary characteristics, such as foreign-related contract disputes, which can be resolved by referring to foreign laws instead of the relevant contract law in China.

3. What are the principles for handling property disputes?

(A) the principle of legality of property management disputes.

The legal principle of dealing with property management disputes is the principle of applying law when dealing with property management disputes. In the case of imperfect laws, regulations or rules, the determination of property management rights and obligations and the handling of disputes should not only conform to the provisions and spirit of the Civil Code and other basic laws, but also respect the contracts concluded by the parties according to law.

(two) the principle of maintaining the effectiveness of the statutory autonomy charter of the owners' group.

The autonomy and status of owners' groups are determined by laws and regulations, and it is law-abiding to formulate and implement various codes and conventions between people in different areas of urban and rural areas. When the settlement of property management disputes involves the application of appropriate provisions of the owners' convention, its effectiveness should be recognized, maintained and implemented.

(3) Respect the principle of agreement and contract in civil disputes.

Disputes arising from contracts and other civil activities (such as agency) shall be settled on the basis of contracts and agreements reached between the parties, especially the agreements on dispute settlement. As long as the terms agreed by both parties do not conflict with mandatory laws, they can be used as the basis for mediating disputes.

(4) The principle of giving priority to social welfare and social stability.

Social stability and unity and the stability of social and economic order are the overriding primary tasks, and ensuring the realization of social welfare is the basic principle and requirement of socialist social development. When dealing with specific property management disputes, we should not only protect the legitimate property rights and interests of the parties, but also educate the parties to take care of the overall situation. Personal interests should be subordinated to public interests, and may not impair the autonomy of owners' groups, or hinder property management enterprises and relevant administrative organs from exercising their management rights according to law.

There are many ways to deal with property disputes, but they should also be analyzed according to the specific circumstances of property disputes. If the behavior of the property company has seriously damaged the legitimate rights and interests of the owners, the corresponding competent departments should punish the property company according to the national legal system. Of course, under normal circumstances, owners should also abide by the provisions of the property service contract and cooperate with the management of the property company.