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How to deal with disputes between property companies and owners about property service management and property fees?
First of all, the property company and the owner should fulfill their respective obligations and exercise their respective rights in accordance with the stipulations of the legally signed property service contract. Disputes between property companies and owners about property services and property fees are generally reflected in several aspects: first, property services are provided according to the property contract, but some owners do not understand or fully understand the service items stipulated in the property contract, and the property company does not give full notice and necessary explanations in time, which leads some owners to think that they have not provided property services or failed to provide qualified services; Two, the property company only provides part of the services agreed in the property contract, but requires the owner to pay all the property fees to it; Three, the property company did not provide the services stipulated in the property contract, but asked the owner to pay all the property fees to it. Of the above three forms, the second one occurs the most, followed by the first one, and the third one is basically absent. Therefore, if you want to solve the problems in your community, you must first look at which of the above three forms it belongs to. To put it simply, in the first case, there is actually no dispute between the two sides, but there is a misunderstanding. As long as the two sides find an appropriate way to clarify the problem, the problem will be solved. If it is the second form, it is more complicated. According to the current property management regulations in Dalian, owners who have opinions can choose the following two ways to deal with it: 1. Reflect the problem to the owners' committee, and the owners' committee will negotiate with the property company to solve it on behalf of the owners. If negotiation fails, the Committee may bring relevant litigation or arbitration to the property company until the owners' meeting is held to decide whether the property company will stay or not; If the industry Committee acts improperly or fails to act in violation of the facts, the owner may also sue the industry Committee to cancel the improper decision or make an appropriate decision. 2. The owners who have opinions directly file a lawsuit with the property management company, asking them to fulfill the relevant stipulations of the property contract, bear the liability for breach of contract and compensate the owners for the losses suffered. If it is the third way, it can basically be presumed that the property company has breached the contract in bad faith, and it is unlikely to be resolved through consultation. The owner can choose to deal with it in the above two ways. In particular, in the second and third cases, the owners can also complain to the Property Management Section of the Land Resources and Housing Administration or the Property Management Department of Dalian Land Resources and Housing Administration according to laws and regulations. But no matter which way the owner handles it, he should provide necessary evidence for his claim. Simple verbal expression can't solve any problems! To sum up, due to the characteristics of many subjects, many demands and difficulties in obtaining evidence in property disputes, the majority of owners hope to clarify the problems and safeguard the legitimate rights and interests of their own groups. It is best to elect the owner's representative (usually the industry committee) first, and then the owner's representative will hire a professional property lawyer to investigate the problem according to the authorization of the relevant owner, and then handle it carefully after necessary communication with the property company (especially litigation or arbitration)! The above is my experience as a professional lawyer in property services for more than ten years. Of course, owners, owners' representatives or industry committees are also welcome to call and visit!
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