Changsha Wanhe Property Telephone

One to three buildings are managed by the owner's own property, and four buildings are managed by the developer's own property company. Yuhua Mingyuan, a community with only four buildings in Yuhua District, actually has two property management rooms at the same time. Both attributes exist at the same time. What's going on here?

Recently, the owner of Yuhua Mingyuan Community complained to the reporter of the help group and told the story: 65438+February 2020, the community decided to terminate the service contract with the previous property company and implement self-management of the property. However, the previous property company refused to leave, forming a fragmented situation of the two property companies.

From 202 1 to now, the community industry Committee and the previous property have been brought to court several times. In June this year, the community industry committee received the final judgment of the court, requiring the original property company to quit the community property management service within 10 days after the judgment came into effect. The property company that lost the lawsuit still hasn't left for various reasons.

Why does a community have two property management rooms?

There are 4 buildings in Yuan Yuming Community, of which 1 to 3 are residential buildings. At present, community owners implement self-management. Building 4 is a commercial and residential building, which is managed by Changsha Wuji Property Company, a property company owned by the developer. Ms. Xiao, director of the first residential industry Committee, told reporters that this situation was caused by the previous property company's refusal to leave.

According to the owner's introduction, Yuhua Mingyuan Community began to hand over the house at the end of 20 14. As of June 5438+February, 2020, the property management of this residential area has been managed by Changsha Wuji Property Company, the developer's early property company. But for a long time, the management and service of this property company have been difficult to satisfy the owners. "The house leaks and is reflected in the property. There is no response at all. " The owner, Ms. Liu, said, "The elevator often falls off the building. After only three years of use, the property bypasses the owner's signature and uses the property maintenance fund in the form of' green channel'. " The owner Mr. Zhang said. Some owners also said that Wuji Property never disclosed its accounts. The owner asked them to disclose this information, and they said they lost money.

On 20 19, the owners' committee was established in Yuhua Mingyuan Community. In 2020, the industry committee organized an owners' meeting and voted to implement property self-management and terminate the property service contract with Wuji Property. On June 5438+February 65438+February 9, 2020, under the premise of sending a letter to Wuji Property Company, the industry committee brought its own property into the takeover community, but Wuji Property refused.

The reporter learned that regarding the decision made by the owners' meeting to dismiss Wuji Property, Wuji Property pointed out in its reply to the community industry committee that the owners' meeting was not guided by the local government department, and the voting process was opaque and the procedure was illegal, so the voting was invalid. Wuji Property will continue to stay in the community for property management services.

Since then, one to three residential buildings in the community are managed by the owners, while the No.4 commercial and residential building is still managed by Wuji Property, forming a situation of two property management houses in one community.

Several times in court, the final judgment was ushered in June this year.

There are two properties in a residential area, and disputes and conflicts continue. In addition to verbal and physical conflicts, the community industry Committee and Yoshiya Property also sued each other. From 20021to June this year, the two sides went to court many times.

20211/9. Wuji Property Company sued Yuhua Mingyuan for self-management property, demanding that the self-management property withdraw from the community and compensate it for the loss of 200,000 yuan. On March 3 1 day of that year, the Yuhua District People's Court made a judgment: the self-managed property withdrew from the community and compensated for the loss of 50,000 yuan. As a result, it was difficult for the owners to accept it, and they were also dissatisfied with the self-managed property, so they appealed. In the second instance of this case, Changsha Intermediate People's Court held that the judgment of the first instance "found the basic facts unclear, omitted the parties and seriously violated legal procedures" and made a ruling: the judgment of the first instance was revoked and sent back for retrial.

At the same time, the community industry Committee also filed a lawsuit with the court, counterclaiming Wuji Property Company and asking it to leave the community. In February of 2002 1 and1,Yuhua District People's Court made a first-instance judgment on the counterclaim of the Property Management Committee against Wu Ji, which supported the claim of the Property Management Committee: the previous property service contract was terminated; Wuji Property withdrew from Yuhua Mingyuan; Wuji Property fulfills the handover obligation. In view of this result, Yoshiya Property refused to accept it, so it appealed.

In June this year, Changsha Intermediate People's Court made a final judgment, rejected Wu Ji's appeal, upheld the original judgment, and required Wu Ji Property to quit the residential property management service on 10 after the judgment came into effect, and handle the handover procedures with the residential property committee.

Refused to leave after losing the case. Why?

According to the judgment of Changsha Intermediate People's Court, on June 5438+0, Yuhua Mingyuan Community issued a "Notice of Withdrawal" to Wuji Property in the name of the owners' meeting and the industry committee, requiring Wuji Property to withdraw from the residential property management service before July 8. Because Wu Ji Property didn't leave, in July 10, the industry committee applied to the court for enforcement.

It has been one month since the Notice of Quitting the Community was issued, but up to now, Wuji Property still provides property management services in the commercial building of Building 4 in the Community, and occupies the water and electricity facilities and equipment rooms in the Community. Why? On August 2, Mr. Zhong, Manager Xiong and the relevant person in charge of the developer responded.

Mr. Zhong told reporters that the court's decision was handed over to the industry committee, but now the first industry committee of Yuhua Mingyuan Community has expired and the second industry committee has not been elected. At present, it is in the state of no industry Committee and cannot be handed over. Mr. Zhong also admitted that Wuji Property will not hand over property management services even if the second session of the Industry Committee is elected in the community. "The pay all paid. We have nothing to hand over now. " Mr. Zhong said.

Should the property services of No.4 commercial building be handed over to the industry committee? Mr. Zhong explained that the owners of the four buildings were not satisfied with the service of the self-managed property in the community, so they entrusted Wuji property management. "85% of the owners entrust Wu Ji property management," Mr. Zhong said with the power of attorney. The reporter noticed that there were only a few signatures on this power of attorney.

The manager said that Mr. Zhong's statement can represent Wuji Property's reply, and they also accused the self-managed property of the community of not being authorized by the owners' meeting to manage the community.

For the reply of the property company, Ms. Xiao and some owners said that their accusation of self-management of residential property services ignored the facts. The developer Hutchison No.5 Property also has no right to represent the owners of these four buildings. Residential area 1 to building 4 is a whole. Legally speaking, there is no saying that the owner entrusts the management of the property company. Refusing to execute the court decision in the name of four owners is a "kidnapping" of four owners. The owner believes that the main reason for Wuji Property's refusal to leave is that "the property fee of No.4 commercial building is several million yuan per year".

Lawyer: The losing party should take the initiative to fulfill the legal obligations of the judgment.

According to relevant laws and regulations, only one property management company is allowed in a residential area. The owner thinks that the former property management company can't continue to provide property services in Building 4, on the grounds that Building 4 doesn't need self-management.

Lawyer Li Jian of Hunan Wanhe United Law Firm said that according to Article 158 of the Civil Procedure Law, the judgments and orders of the people's court of second instance are final. Therefore, the effective judgment has the force of res judicata and execution. Theoretically, the losing party should take the initiative to fulfill the legal obligations of the judgment. If it refuses to perform, the winning party may apply to the court for compulsory execution according to law.

In addition, lawyer Li Jian also pointed out that the law also stipulates that if a party thinks that a legally effective judgment or ruling is wrong, it may apply to the people's court that originally tried the case or the people's court at the next higher level for a retrial, but the execution of the judgment or ruling will not be stopped. Therefore, it is hoped that both parties can claim their rights according to law and solve corresponding contradictions and disputes within the legal framework.