Mediation case of property dispute between Hua and a property company

A case of property dispute mediation between Hua and a property company in Pinggu District, Beijing.

Brief introduction of the case

Huamou, the owner of a community in a street in Pinggu District, Beijing, is a scavenger in the community. He mainly makes a living by picking up the garbage in the trash can in the community and the garbage piled up in the corridor. Neighbors have repeatedly reported this problem to the property, and the property has repeatedly advised Huamou to dispose of garbage as soon as possible and not to occupy public areas, but the persuasion was ineffective. One night, without telling Hua, the property cleaned up the waste piled up in public areas by Hua. The community and the property actively carried out sanitary cleaning and disinfection activities, but Huamou still piled up waste products in the corridor and refused to clean it up.

The community neighborhood committee requests the street people's mediation committee to mediate the contradiction and dispute between the community resident Hua and the property company.

Mediation process

In order to eliminate hidden dangers and prevent the spread of diseases as soon as possible, the Committee immediately began to work. Through the investigation of neighborhood committees, property, Huamou and surrounding owners, we know the following: First, Huamou is over 70 years old, living alone in public rental housing, unable to work, and can only make a living by selling waste products, and because the property has cleared away its waste products before, it is very contradictory to the property company; Second, other owners of the community think that the living environment is untidy, and Huamou occupies public corridors to pile up waste products, and there are no disinfection measures, which poses potential safety hazards; Third, it is difficult to carry out residential property work. For example, if Huamou rummages in the trash can and the cleaning workload increases, other owners in the community will be dissatisfied and often complain.

Based on the above situation, the mediator carried out mediation work around how to persuade China to remove waste products. First of all, the mediator preached relevant laws and regulations to China. According to Article 70 of the Property Law of People's Republic of China (PRC), "the owner has the ownership of the exclusive parts such as houses and business premises in the building, and the right to jointly manage the * * * parts other than the exclusive parts." Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings stipulates that the access stairs shall be owned by the owner. Huamou piled up waste products in the corridor, infringing on the rights of other owners. Moreover, according to Article 28 of the Fire Protection Law of People's Republic of China (PRC), "No unit or individual ... may occupy, block or close evacuation passages, fire exits and fire truck passages." Article 15 of the Tort Liability Law of People's Republic of China (PRC) clearly stipulates that the infringer has the obligation to stop the infringement, remove the obstruction and eliminate the danger. Huamou's occupation of public corridors to pile up waste products not only seriously violated the rights of other owners, but also laid a hidden danger to the safety of citizens. The mediator also pointed out that in the context of preventing the epidemic by the whole people, public health and safety in the community are important barriers to prevent the virus from spreading in the community. There is a hidden danger of cross-infection in the garbage collected by Hua, which not only affects his own health, but also harms the health of his neighbors.

Finally, the mediator explained to the property company that although cleaning up the sundries in the public part of the community belongs to its property service behavior, the property should communicate with the owners reasonably and properly, and it is also its responsibility to dispose of the wastes in China without knowing it.

After repeated persuasion, the property management company first said that it would not dispose of the waste in China without authorization, and would like to donate some living materials to apologize. Huamou immediately said that he realized his mistake and was willing to clean up the garbage in the corridor, and promised not to accumulate debris in the corridor in the future.

Mediation result

After mediation, both parties reached the following mediation agreement:

1. The property management company apologized to Hua in person and immediately performed it.

Hua cleaned up the garbage in the corridor alone.

After a return visit, Hua has cleaned up the garbage piled up in the corridor and received the living materials donated by the property company. Both sides expressed satisfaction with mediation.

Case review

In this dispute, the mediator, considering that the owner is older and living in difficulties, persuaded the property management company to make concessions first on the basis of explaining relevant laws and regulations in order to avoid the intensification of contradictions and calm the dissatisfaction of the owner. Then, from a rational point of view, it is suggested that the owner correct the wrong behavior and resolve the contradictions and disputes.

With the rapid development of economy and society, property disputes are increasing year by year. Only the joint efforts of the government, the property and the owners can effectively reduce the occurrence of property disputes.

Recommended reason

Affected by the COVID-19 epidemic, many communities have carried out sanitation and disinfection activities, which conflicts with the behavior of community scavengers. Although it is in the interest of most people for the property owner to clean up the garbage of the scavengers himself, there is a dispute without the consent of the parties. Mediators take the initiative to explain the law to the parties, explain the dangers of dumping waste in public areas, and persuade property owners to understand the difficulties of the parties from a humanitarian point of view. Finally, the two sides understood each other and eliminated the contradiction.

Expert evaluation

It is a common reason for owners to pile up personal belongings in public corridors, which is a contradiction and dispute between owners and property management companies and other owners. According to China's laws, owners should use buildings and facilities in residential areas reasonably, maintain public order and environmental sanitation, and cannot occupy or block evacuation passages and safety exits. In this dispute, the mediator combined with the special background of epidemic prevention and control, flexibly used the method of combining legal theory with emotion to explain the legal provisions to the owners and property management companies, and properly resolved the contradictions and disputes.