Job Recruitment Website - Property management company - The owner is the relationship between water and the ship. When there is a contradiction, how to solve it?
The owner is the relationship between water and the ship. When there is a contradiction, how to solve it?
Property and owners are contractual relations between service and service, and the consistency and contradiction of interests are very obvious. Handle it well and achieve a win-win situation; Poor handling, prominent contradictions, lose-lose. People of insight strive for a win-win situation! In the past, there was a contradiction between the property company and the owner of the residential area directly under Sunshine Shuncheng, but it was only an individual, mostly because the service in a certain part of the property was not in place or the owner did not specify the responsibilities of the developer and the property service. At the end of last year, there was a large-scale contradiction because of the illegal increase of property fees. After half a year's confrontation, the property can't afford to pay the fee, which affects the normal operation of the fee. The owner can't get the maintenance service in time because of the poor operation of the property fee. In this regard, Jinan Daily on March 2 1 and Jinan Times on April 25/respectively reported on the topics of "The Mode Dispute between Sunshine Shuncheng Property and Owners" and "The Property Owners Fight and Torture the Community" Service ". Although it is not accurate, it has also caused extensive discussion. The knowledge formed in the hot discussion is: contradictions must be resolved, and stalemate is bound to hurt both sides. However, there are two solutions: one is that the property is promoted separately, and the owner invites another master; One is to find out the crux of the contradiction and solve it through consultation. In contrast, more people hold the second opinion and decide to implement it first.
Now, I am pleased to tell you that with the joint efforts of all parties, the implementation effect is very good. By mid-July, the contradiction has been solved and the confrontation has been eliminated, which ushered in a win-win situation of improving property services and the owners taking the initiative to pay fees to support property work!
There are three main experiences in sorting out the process of the owners and property owners seeking to solve the contradictions in the past six months: first, to solve the contradictions, we must first analyze the causes of the contradictions and find out the crux of the contradictions.
According to the analysis of close comrades, the reason for the conflict between the property and the owner is that the former leader of the property did not correctly adjust the relationship between service and service, regarded the service provider as a manager and leader, regarded "God" as an "industrial slave", turned equal consultation into a property decision, was misled by a media "the success rate of the property company is about 90%", and was addicted to the main forum of winning the case and did not listen to advice; The key to the problem lies in not following laws and regulations (how can there be a square radius without rules), the property does not meet the legal requirements, and the owners are negligent in understanding the law and it is difficult to use the law to protect their rights. Its main manifestations are as follows: First, the contractual relationship between the property and the owner stipulated by relevant laws and regulations has become a subordinate relationship between management and being managed. What the manager decides, what the managed has to do, and God becomes a "trade slave"; Second, ignoring the equal legal status of the parties to the contract and the right to change the contract through consultation stipulated in the contract law, and imposing one party's will on the property on the owner, not only infringes on the rights of the owner, but also infringes on the dignity of the owner; Third, ignoring the principles of rationality and openness stipulated by relevant laws and regulations, the fees are adapted to the service level, the fees are too high, and the quality and price do not match; Fourth, the sub-district office did not hold a joint meeting to draw up a fee adjustment plan according to the requirements of relevant laws and regulations, and the requirements and procedures were implemented after soliciting the consent of more than half of the owners. Instead, the joint meeting hosted by the Sub-district Office was replaced by the year-end tea party organized by the property in Qilu Cultural Center, and the representatives of the owners of the building manager and unit manager were replaced by the owners designated by the property. The service fee adjustment plan that should have been drawn up by the joint meeting was replaced by the prices charged by the property. Moreover, regardless of the suggestion put forward by the participants that it should be publicized first, and implemented after more than half of the participants passed, they falsified and fabricated "the number of households who agreed to increase the property fee" and directly announced it with a "notice" without official seal, requiring the owners to pay the fee according to the set price of the property from 1. As a result, contradictions were intensified, public anger was aroused, and petitions were made.
Second, learn relevant laws and regulations, use laws and regulations to unify understanding, use laws and regulations to solve the crux and resolve contradictions.
In order to better communicate with the property, enthusiastic owners have found the manager of the property project department many times to exchange experiences in learning the Contract Law and relevant laws and regulations on property management. Although they know something about * * * *, they failed to form working opinions due to their functions and powers, and repeatedly sought the original manager of the property management company, but they were all turned away, and the settlement work was almost stagnant. It was not until April that a new manager with a strong sense of service, approachable and attached importance to the role of laws and regulations arrived that normal communication took place. Through the exchange, the equal rights and obligations of both parties to the property service contract were further clarified, and the principles that the property service charges should be reasonable and open, and that the charges should be compatible with the service level and the quality and price should be consistent were clarified. The legal procedures and industry self-discipline norms for changing the contract and adjusting the property charging standards were clarified, and the principle of territorial management of the property was clarified, which improved the consciousness of accepting the guidance, supervision and management of the district housing management bureau, district price bureau, sub-district offices and neighborhood committees, and opened up a new situation of using laws and regulations to resolve contradictions.
In order to better obtain the support, guidance, supervision, management and leadership of the neighborhood offices and neighborhood committees, enthusiastic owners implore the district housing management and price departments to help communicate, and also invite the leaders of the neighborhood offices and neighborhood committees to exchange experiences in learning relevant laws and regulations on property management. Through the study and communication with * * *, the principle of territorial management of property management is further clarified, and the ideological obstacle of managing regardless is eliminated; Further clarified the specific responsibilities of street offices and neighborhood committees to guide, supervise, coordinate and hold joint meetings to mediate and handle property management disputes according to law. The positive performance of sub-district offices and neighborhood committees has solved the dilemma that it is difficult for us to solve property management service disputes without owners' committees.
Through mutual learning and exchanges, all parties concerned have unified their understanding of the crux of the contradiction and gradually formed an atmosphere to solve the crux and resolve the contradiction. After communicating with all parties, the sub-district office was responsible for holding a joint meeting attended by property management companies, neighborhood committees, representatives of owners of residential quarters, District Housing Management Bureau and District Price Bureau on July 10. On the basis of studying relevant documents, the sub-district office, after full exchange and consultation, put forward legal, affectionate and meaningful property service charges based on the principle of empathy and mutual benefit. On July 1 1, the neighborhood committee held meetings for the heads of residential quarters and buildings respectively to introduce the general situation of the joint meeting, convey the minutes of the joint meeting, and discuss and confirm the revised property charging standards proposed by the joint meeting. After the publicity of the community and the building management, it was officially announced on July 13, and the fee will be paid according to the revised property charging standard (0.55 yuan/square meter) from July. The property customer service department, which has been deserted for more than half a year, was once crowded with the owners who paid the fees. More than a month's practice shows that the contradiction has been resolved, and the harmonious and friendly relationship between the owner and the property has been restored, which has opened a win-win situation!
3. Contradiction is a matter for both sides. The premise of resolving contradictions is mutual respect, mutual sincerity and joint efforts.
Obviously, not only according to the viewpoint of "the property is hired separately, but the owner seeks another job", there will be no win-win situation if the property and the owner part ways, that is, the property company will not change its manager, and the original manager will still refuse to communicate with the owner, and there will be no win-win situation now. As soon as the new manager arrived, he not only traveled all over the community to find out the shortcomings of the property service itself, but also took the initiative to visit the owners, listen to their opinions, humbly exchange ideas with the owners on learning laws and regulations, explore solutions to the crux, and resolve contradictions according to laws and regulations. These practices themselves not only express respect for the owners, but also express sincerity in resolving conflicts with the owners. With mutual respect, mutual sincerity and agreement on the crux of the problem, we have the goal of working together. Both sides strive for the guidance, supervision and support of relevant leading departments, and strive to publicize relevant laws and regulations and solutions to conflicts according to laws and regulations, and publicize the rights and obligations that both sides should enjoy according to laws and regulations. These concerted efforts of Qi Xin have not only won the solution of the existing contradictions, but also found a way out and a way to solve them in the future.
After the practice of studying and using the laws and regulations related to property management to resolve conflicts, everyone involved deeply felt the importance of perfecting laws and regulations, learning laws and regulations, observing laws and regulations and implementing laws and regulations! It is conceivable that if the property can serve the owners in accordance with the requirements of laws and regulations, treat the owners as equal parties to the contract, accept the supervision and suggestions of the owners with humility, take the initiative to accept the supervision and management and quality assessment of the government property authorities in terms of service business, take the initiative to accept the supervision and inspection of the government price authorities in terms of property service cost accounting and property charging standards, and obey the guidance, supervision, mediation and leadership of neighborhood offices and neighborhood committees in social management in accordance with the principle of territoriality; Whether the owners can exercise and safeguard their legal rights, fulfill their obligations, pay the fees in time according to the regulations, and negotiate with the property and related departments according to law; For example, the government property authorities can actively strengthen the supervision and management of property service enterprises according to the requirements of laws and regulations, and regularly or irregularly assess, supervise and guide their service quality; If the government price department can effectively implement the cost supervision and examination and price detection system of property service charges in accordance with the requirements of laws and regulations, strengthen the supervision and inspection of property service charges; It is an important content for the people's government to carry out community management and community service to implement owner autonomy and do a good job in property management according to law. Neighborhood offices and neighborhood committees can organize and guide the establishment of the owners' congress and the change of owners' members in their respective jurisdictions, supervise the owners' congress and the owners' committee to perform their duties according to law, specifically guide and coordinate the work related to property management, mediate and handle property management disputes, and implement the joint meeting system of property management, which will be included in the work schedule. ..... All parties can abide by laws and regulations, do their part, and there will be no contradiction between the property and the owners. Even if there are contradictions, they will be resolved in time according to laws and regulations. There is no need to "fight" or "fight", let alone fight a lawsuit. Now our city is carrying out the "Year of Property Service" activity, and it is suggested that relevant departments should be brave enough to take responsibility (not pushing or hiding) and set off a new upsurge of further improvement, publicity, study and implementation of relevant laws and regulations, so as to provide a solid legal, ideological and operational guarantee for improving the standardized level of property management and promoting the healthy development of the property service industry!
- Previous article:Who are the historical celebrities named Li Quan?
- Next article:Wuhan Vanke Hong Jun belongs to the urban hukou.
- Related articles
- What about Shandong Jiyoujing Property Management Co., Ltd.?
- What is the telephone number of Liaocheng Caixin 'an Zhurunhong Oriental Marketing Center?
- Tenants pay rent, but they are in arrears with property fees and utilities.
- Who owns the operating income of the property management area?
- How about Hengli Real Estate (Dalian) Co., Ltd.
- What about the surrounding facilities of Liaocheng Dongsheng International Shi Sheng Huafu Community?
- Who is the chairman of Cinda Group?
- How to throw away the sofa in the community
- Who is responsible for the leakage of heating pipes in the corridor?
- Who is the developer of Qinyuan Chunju in Mingshui County?