Job Recruitment Website - Property management company - Is it illegal for the property to publish the list of arrears?
Is it illegal for the property to publish the list of arrears?
I. The following materials shall be provided for the declaration and registration of property decoration:
1, house ownership certificate (or valid certificate to prove its legitimate rights and interests);
2. The applicant's identity document;
3. Decoration scheme;
4. If the renovation of the main building or load-bearing structure exceeds the design standards or specifications to increase the floor load, the design scheme proposed by the original design unit or a design unit with corresponding qualification grade shall be submitted;
5. Building buildings and structures; If the doors and windows are opened on the non-load-bearing external wall to change the residential facade, the approval documents of the competent department of city planning administration shall be submitted; Demolition of heating pipelines and facilities, the approval documents of the heating management unit shall be submitted; To dismantle gas pipelines and facilities, the approval documents of the gas management unit shall be submitted; If the waterproof layer of bathroom and kitchen is changed, the construction scheme shall be submitted in accordance with the waterproof standard;
6, entrust the decoration enterprise construction, need to provide a copy of the relevant qualification certificate of the enterprise.
Second, the disputes between the owner and the property management company due to decoration belong to civil disputes, and the ways to solve the civil disputes are as follows:
1, negotiation. The two sides relied on their own strength to compromise and settle the dispute. This method is quick, simple and calm, but the negotiation content should be recorded in writing.
2. Mediation. The intervention of the third party will promote mutual understanding and concessions between the two parties to the dispute, and finally solve the contradiction. When the parties to the dispute lose the basis of dialogue, it is a wise choice to seek third-party mediation.
3. arbitration. A dispute resolution mechanism for submitting disputes to arbitration institutions for arbitration. The arbitral award is final. If one party fails to perform the arbitration award, the other party may apply to the court for compulsory execution.
4. litigation. A system in which one party makes a request to the court and the court decides the dispute. Litigation is the final and authoritative dispute resolution mechanism and the last barrier for the parties to safeguard their rights.
Third, the causes of property disputes
1, the legal provisions are imperfect and have loopholes. The property management industry started slowly in China, but developed rapidly. However, the legal provisions are somewhat backward, and many problems cannot be handled according to law, which leads to the dispute between property management companies and owners not being well resolved. This is the root cause of more and more property disputes at present.
2. Disputes caused by quality problems in houses built by real estate development enterprises. Some property service disputes are caused by water leakage in the walls and roofs of houses built by housing development enterprises, resulting in damage to the owners' furniture and decoration. Most property companies and owners have signed contracts for the sale and purchase of houses with housing development enterprises, and at the same time, they have also signed preliminary property service contracts. Therefore, the owners think that property companies and housing development enterprises are the same, and the housing quality problems that should be borne by housing development enterprises should be borne by property management companies. In addition, some housing development enterprises deliberately make false propaganda on housing sales and exaggerate the service scope of property management, especially foreign developers, who left after selling their houses. As a result, after the owner moved in, he found that many supporting facilities were not in place, or the original promises were not fulfilled, which laid a hidden danger for the contradiction between the property management company and the owner.
3. The quality of service personnel of the property management company needs to be improved, and the service is flawed. Most of the staff of property management companies are non-professionals, and some are older. They don't know enough about relevant property management knowledge and have a strong sense of responsibility. They have the idea of day by day, and can't understand the relationship between the property management company and the owner as a service contract. Both parties have equal status and should strictly abide by the provisions of the property contract between them. For example, they can't do regular cleaning or timely cleaning for community health; The safety management of the community is not in place, and the security personnel are a mere formality; The management of small business vendors entering the community is not strict; Residential greening management is not in place; Sometimes disputes involving owners' rights and interests are not managed, which eventually leads to contradictions between owners. In the end, the owners expressed their dissatisfaction with property management by defaulting on property fees.
Legal basis:
Constitution of the people's Republic of China
Article 38 The personal dignity of People's Republic of China (PRC) citizens shall be inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
People's Republic of China (PRC) Civil Code
Article 110 A natural person enjoys the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
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