Property services are not in place, how can owners protect their rights?

Case: Mr. Li, who lives in a residential area of Yunxi Road, signed a property management service contract with a property management company in our city, and both parties reached an agreement on the quality and cost of property management services. However, in the process of living, Li refused to pay the property management fee on the grounds that there was no water in the fire fighting facilities and the lawn was not maintained.

The property company sued the court. After trial, the court held that the property company charged Li related fees according to the property management service agreement, which was well founded in the law. The property management company fulfilled the obligation of property management service according to the contract, and Li, as the beneficiary, should fulfill the obligation of paying relevant fees. This property management company has been rated as "Top Ten Property Management Enterprises" by the Municipal Construction Committee for three consecutive years since 200 1, and its property management service quality should be affirmed. As the owner, Li thinks that the service of the property company is not good, so he can propose to hold a meeting of owners to solve the problem by hiring the property company through the industry Committee.

Judgment: The court ruled that Li paid the property management fee to the property company according to the property management agreement reached with the property company.

Analysis: Cao Zhi, a judge of the Second People's Court of the City Intermediate People's Court, said that there have been many disputes over property fees in recent years in combination with this case and related handling practices. Owners often refuse to pay the property management fee on the grounds that the service quality of the property management company can not meet the requirements, such as poor environmental sanitation, untimely garbage cleaning, chaotic community management order, and the property management company changing the use of public facilities to seek benefits, and are sued by the property management company. Among them, most of them lost because the owners refused to pay the property management fee in an improper way and the evidence was insufficient.

Then, what measures or appropriate ways should owners take to safeguard their legitimate rights and interests? Attention should be paid to the following points: First, after the owners move into the residential area, in general, the owners' meeting should be convened to elect and set up the owners' committee to sign the property service contract with the selected property management enterprise on behalf of the owners, which is legally binding on all owners. The second is to reflect the opinions and suggestions of property management services to the owners' committee, which will negotiate with property management companies to improve property services and strictly fulfill the property service contract. Third, if the property management company refuses to improve the service or still fails to perform the relevant obligations, the owners' committee will correct and improve the individual problems by itself or by entrusting others after fulfilling the obligation of informing, and the reasonable expenses and losses arising therefrom will be borne by the property management company, and the owners' committee will recover them. Fourth, property management companies have serious breach of contract. Owners can terminate the contract through the owners' meeting or the owners' committee and hire another property management enterprise to manage and investigate the property.

Relevant responsibilities of industry management enterprises. The implementation of these rights protection measures should not be carried out in the name of individual owners, but in the name of owners' assembly or owners' committee as a whole.

In addition, once the owner is sued for not paying the property fee, if he wants to take the lead in the lawsuit, he must have sufficient evidence to prove that the property company has breached the contract or infringed, and he must bear corresponding legal responsibilities; Including there must be clear evidence to prove that the property management company has violated the public interests or personal interests, that is, the property management company not only violated the public interests, such as the environment and order of the community, but also violated the personal interests of the owners, such as the untimely maintenance of houses and the loss of goods due to the gross negligence of the property management company.

(The above answers were published on 20 15-04-20. Please refer to the actual situation for the current purchase policy. )

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