Types and handling methods of property management disputes

Types and handling methods of property management disputes

According to the scope and content of property management and the characteristics of property management, disputes are mainly divided into two categories, namely, property management disputes arising from contracts and property management disputes arising from infringement. So what should I do when there is a property management dispute?

(a) to deal with property management disputes arising from the contract

Property management disputes arising from contracts are mainly caused by parties' breach of contract, including: property management disputes arising from service quality, property management disputes arising from service content, property management disputes arising from service fees, and termination of property management service contracts.

1, property management contract service quality dispute. Refers to the property management disputes caused by the property management services provided by property management enterprises that do not meet the property management industry norms or agreed service standards. For example, the public facilities and equipment in the property management area can't be used normally or can't be maintained in time to make them in normal use, the daily environmental sanitation is poor, the greening can't be maintained and managed in time, the public order in the area is chaotic, the traffic roads are not smooth, the safety precautions are ineffective, and the fire fighting and disaster relief are not timely.

2, property management contract service content disputes. Refers to the property management disputes caused by the property management enterprises failing to provide comprehensive property management services in accordance with the provisions or agreed contents. For example, failing to provide or install service facilities and equipment in accordance with regulations or agreements, failing to provide service venues, parking spaces and warehouses in accordance with regulations or agreements, and failing to provide cultural, sports, health and other service contents and places in accordance with regulations or agreements.

3, property management contract service fee disputes. Refers to the property management dispute caused by the dispute of service fee standard or the owner's default in service fee. The property management enterprise fails to charge according to the property management contract or the government-guided price standard, expands the charging scope or raises the charging standard without authorization, and the owner (or user) underpays or owes the property management service fee.

4. Property management contract termination dispute. WeChat in property community: refers to a serious breach of contract by one party before or after the expiration of the property management contract; Or property management disputes caused by the termination of laws and regulations or the agreement of the parties. For example, after the expiration of the contract, the property management company refuses to quit to prevent the owner from re-hiring other property management companies, the property management company terminates the contract due to major breach of contract, the owner fails to perform the property management contract or defaults on the property management fee for a long time, and does not accept the request of the management property management company to terminate the contract. It is still controversial whether the litigants of property management disputes arising from contracts are property management enterprises and owners' committees or property management enterprises and owners. The author thinks it should be the relative person of the property management contract, that is, the property management enterprise and the owners' committee. The owners' committee is an autonomous organization established according to law. Although there is no necessary property or funds, only civil capacity, but not full capacity for civil rights, can not independently enjoy civil rights and assume civil obligations. However, Article 6 of the Administrative Measures of the Ministry of Construction stipulates that the owners' committee is composed of representatives elected by the owners of residential quarters to represent and safeguard the legitimate rights and interests of the owners. Article 54 of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) stipulates that "if there are a large number of parties, the parties may elect their own representatives to conduct litigation." It can be seen that the owners' committee can become the litigation subject according to law, and its status as the litigation subject is the litigation representative of all owners. There is a view that the owners' committee should belong to "other organizations" as stipulated in Article 49 of the Civil Procedure Law, and can participate in litigation in its own name. In this regard, the author thinks it is inappropriate. Because the owners' committee is the executive body, its civil capacity and civil rights capacity depend on the authorization of the owners, while "other organizations" do not need the authorization of others to exercise their civil capacity and civil rights capacity. In addition, "other organizations" have their own civil rights and obligations and have the ability to bear certain civil liabilities for their actions, while the owners' committee has no civil rights and obligations, no property and funds, and no civil liabilities of its own.

As the litigation representative of the owners, the owners' committee can participate in litigation and exercise litigation rights on behalf of all owners. In general, the representative's behavior has legal effect on all owners. However, according to Article 54 of the Civil Procedure Law, "an agent must obtain the consent of the principal to change, give up or acknowledge the other party's claim and settlement." Therefore, in the event of disputes over the quality, content and cost of the property management contract, if the owners' committee fails to prosecute or delay the lawsuit in violation of the regulations, the owners who have an interest in the property management dispute have the right to directly file a lawsuit with the property management enterprise in their own name to safeguard their legitimate rights and interests.

In addition, in the property management disputes caused by the owners' default in service fees, the litigants are the property management enterprises and specific owners (or users), not the owners' committee. Article 14 of the Administrative Measures stipulates that if the property owner or user fails to pay the fees as required, the property management company shall order him to compensate for the losses. At the same time, Article 15 of the Administrative Measures stipulates that the owners and users have the right to complain if the property management company expands the charging scope and raises the charging standard without authorization.

Wechat in Property Community: The main applicable basis for handling this kind of property management disputes is People's Republic of China (PRC) Contract Law, local regulations formulated by provinces, autonomous regions and municipalities directly under the Central Government, Management Measures formulated by the Ministry of Construction, regulations formulated by major cities, and legal agreements on property management service contracts between the two parties.

(2) Property management disputes arising from infringement.

Property management disputes arising from infringement are mainly caused by the torts of the parties concerned, mainly including: disputes over damaging public property, disputes over occupying * * * parts, disputes over obstructing management services, disputes over neighboring relations, and so on.

1, public property damage dispute. Mainly due to the violation of the provisions of the parties caused by the property management area of public property damage, damage and property management disputes. For example, owners damage or destroy public property, and property management companies dismantle, misappropriate or destroy public property in the property management area without authorization in violation of regulations or agreements.

2. Disputes over the occupation of * * * parts. Refers to the property management disputes caused by the parties occupying public venues, parts and passages in the property management area in violation of regulations or agreements. For example, owners or property management companies occupy public venues and passages, build buildings privately, and pile up items; Hanging, pasting, scribbling, depicting, etc. Public parts of buildings and structures.

3. Obstruct the management of service disputes. Refers to the property management disputes caused by the owners' violation of regulations or agreements, which interfere with, hinder or stop the property management enterprises from providing property management services. For example, prevent property management companies from installing service facilities or mobile service facilities without authorization, setting up roadblocks on fire exits or intentionally damaging fire-fighting equipment, and setting up stalls in property management areas and exits without approval.

4. Neighborhood disputes. Refers to property management disputes between owners due to drainage, traffic, ventilation, lighting and other issues. For example, cleaning up sewers, closing balconies, stacking items in corridors, and installing air-conditioned solar water heaters.

The litigants of property management disputes arising from infringement are property management enterprises and related owners. This kind of dispute is mainly caused by one party's infringement and bears civil liability for infringement. According to Article 117 of the General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law of People's Republic of China (PRC), the infringer shall bear the responsibility and compensate the losses. The "Administrative Measures" also clearly stipulates that property owners and users change the land use in the community without authorization; Changing the use, structure and appearance of houses and supporting facilities without authorization, damaging facilities and equipment and endangering the safety of houses; Private unauthorized construction, parking vehicles, littering in public parts of houses, unauthorized occupation, destruction of greening, environmental pollution, impact on residential landscape, noise disturbing people and other acts, property management enterprises shall stop, criticize and educate, order restitution and compensate for losses. If a property management company builds or changes the use of property and public facilities without permission, the owners and users have the right to complain.

The main applicable basis for handling this kind of property management disputes: laws include General Principles of Civil Law of People's Republic of China (PRC) and Law on Protection of Consumers' Rights and Interests of People's Republic of China (PRC), laws and regulations include local regulations formulated by provinces, autonomous regions and municipalities directly under the Central Government, and normative documents include administrative measures of the Ministry of Construction and rules formulated by major cities.

The above two types of property management disputes often occur concurrence. Because they belong to different causes of action, the burden of proof, the object of proof, jurisdiction and applicable law of the parties in litigation are different. It is up to the parties to choose whether to sue according to the contract or infringe according to law. However, once the parties choose to file a lawsuit with one of the causes of action, they cannot file a lawsuit with another cause of action.

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