The defense of the property contract dispute in which the owner is the defendant.

Now every community has a property management company, and the contradiction between owners and property management companies is gradually increasing. 1. What is the defense of the property contract dispute? Respondent: Address: Tel: Respondent's defense on the case of property management contract dispute is as follows: 1. The allegation in the indictment that "the plaintiff performed the contract as agreed and the defendant failed to pay the relevant expenses as agreed in the contract" is not true. The defendant disagreed with this statement. The fact is that the plaintiff failed to perform the contract as agreed. On page 1 of the contract, Party A's rights and obligations clearly state that "the house, equipment, greening, sanitation, security, transportation and other projects shall be maintained, repaired, serviced and managed in accordance with this agreement", and Article 2 on page 3 of the contract explains the house and facilities including stairwells and green spaces. The public green space in the south of Building X in XX Garden where I live has become a natural parking lot (as evidenced by the photo). Property management has tried many times and failed. Secondly, the wall of the stairwell in Unit X where I live is damaged from top to bottom (as evidenced by the photos), especially in Building X where I live, and the wall in front of the door is seriously damaged. It has been more than two years, and I have reported it to the property management several times during the period, but it has not been successful. The above facts show that the property management of this community did not perform the contract as agreed, instead of "the plaintiff performed the contract as agreed and the defendant did not pay the relevant expenses as agreed in the contract". 2. The fact is not "failed after being urged" as stated in the plaintiff's complaint. This year, the plaintiff asked for property management fees before suing, three times before and after, and the same person in charge was present twice (it is understood that it was Director X). Since the 1 property management door-to-door charge, my family and I have reflected similar problems to him four times. First, the stairwell at the door has not been maintained for more than two years; Second, there are cars in front of the garage door from time to time, and even the foreign license plate is not the car of the community owner. Many times, the car I paid for in the garage can't leave the garage, which delays the time of myself and my family. Third, the sanitary conditions in front of my garage door are too poor, and there are many weeds, so no one cares; Fourth, there is a smoke exhaust passage built by surrounding hotels in front of the garage door, which is damaged. In summer, the stench is so bad that you can't get close. The visiting property management staff also made records, and I asked the plaintiff to provide interview records in court. I clearly remember that after the third property management visit, I made it clear that as long as the above problems were solved, I would pay the fee immediately. However, more than 1 month has passed, and the property management has not given any reply, even the minimum efforts have not been made, which is enough to show that the property management has no sincerity to solve the problem, rather than the complaint that it is futile to appeal to the court after being urged. In addition, under the premise of no communication, I was sued to the court. My family and I strongly disapprove of this practice of property management and reserve the right to raise objections. 3. I doubt the management level and qualification of XX property. The reasons are as follows: (1) Every time the car is parked in the garage and can't get out, I will call the security guard on duty. When I meet a security guard with poor quality, I will reply, "No way, I don't know whose car it is." Sometimes, when I meet a high-quality security guard on duty, I am "lucky" and have a strong sense of responsibility, but I can only go downstairs and shout "Whose car", which can't solve the problem quickly. Later, I also suggested to the security guard that the vehicle should be registered at the door, and at least the license plate number, the owner's address and telephone number should be recorded. But to this day, the "ownerless car" incident still happens from time to time. (2) that is, things are at hand. On the courier list of this responding notice and other documents, I actually wrote the wrong phone number of the owner. For XX Property Management Co., Ltd., the "most potential property management enterprise", the gap is too big. The postmark on this courier is August 15. The whole family went out for a trip, set out in the afternoon of August 12, and arrived home on August 2 1 1 evening. Yesterday, that is, around 22 1 1: 20, Judge X of the court came to look for the owner. Please wait at the east gate of the court at 2: 30 pm. We didn't see the notice until 2: 30 yesterday afternoon. How will you inform me if I come back two days late from my trip? In order to facilitate management, property management should have a basic understanding, collection, mastery and filing of the owner's information, so as to inform the owner of relevant matters in time. Moreover, in the property management contract, the obligation of the property management company also clearly States "to establish and improve the property management files". (3) My house was stolen one night after the third door-to-door charge of property management, which caused huge economic and spiritual losses. I felt it was not safe to live in this community, and then I reported the case to the XXX police station. At the same time, I found the property management and wanted to watch the monitoring to help the police solve the case. The property management said that the monitoring has no infrared function, not at night. It also said that it was negotiating with the developer. I would like to ask 1 how many months have passed, is there any result? Fourth, most of the facades facing the west of the community have opened the back door, which directly affects the safety of the community, and there is also the problem of parking in the community. What is the explanation of property management? On page 4 of the contract, there are clear requirements for the service quality of property management, including the appearance of the house, environmental sanitation, greening, parking order of vehicles, etc. How is property management done? This contract is binding on both parties. We not only have the obligation to pay the money, but also have the right to enjoy the service, not to mention the quality service, at least as stipulated in the contract. Property management not only has the right to collect fees, but also has the obligation to perform services in accordance with the contract. Based on the above reasons, I request the plaintiff XX Lianshui County Property Management Company to cancel listing me as the defendant, and at the same time, I will answer my three requests for door-to-door charges to the property management personnel. To the defendant in the people's court of XX: XXXXXX XX II. How to solve disputes over property contracts and how to deal with disputes over property service contracts (1) Strengthen the supervision of housing management departments and guide relevant policies. In China, the management department of property service enterprises is the property department of Housing Authority. To reduce disputes over property service contracts from the source, property management departments must strengthen supervision, management and macro guidance. The author believes that a series of measures, such as perfecting the scientific bidding system for property service enterprises, allowing qualified and service-conscious property service enterprises to bid, regularly supervising and inspecting the service quality of property service enterprises, issuing rectification notices to unqualified property service enterprises and ordering them to rectify within a time limit, can ensure the quality and effect of property service, reduce the number of disputes over property service contracts, and be conducive to the construction of harmonious communities and the healthy and sustainable development of the property service industry. Property service contracts are public welfare, and the services provided by property service enterprises are also public welfare, especially in the maintenance of public facilities. Property management departments can introduce relevant policies to guide property service enterprises and owners to perform their duties automatically in various ways. Only by improving the consciousness of fulfilling contractual obligations can the property service enterprises improve their management and service level. Only in this way, owners can consciously cooperate with the work of property service enterprises and actively fulfill their obligations, thus promoting the development of property enterprises, creating a beautiful and harmonious living environment and achieving a win-win situation. (II) The establishment of a community mediation organization to mediate disputes over property service contracts is an activity that mediates and persuades disputes under the auspices of a third party in accordance with national laws, regulations, rules and policies, so as to promote mutual understanding, consultation, voluntary agreement and settlement of disputes. With the gradual increase of disputes over property service contracts in recent years, the author thinks it is necessary to set up a special mediation organization in the community. Members of community mediation organizations can be composed of community workers, directors of owners' committees, relevant personnel of property service enterprises and community judges. In the event of a dispute over the property service contract, the community mediation organization shall mediate first. If the mediation fails, both parties shall be informed that they can bring a lawsuit to a court with jurisdiction. In disputes over property service contracts, it is difficult to reach a complete consensus because of the large number of owners in the property service contracts. Therefore, whether you are willing to mediate or accept the result of mediation can be decided by all the owners' voting, or you can adopt a method similar to the ratio of the owner's exclusive area to the total construction area and the ratio of the owners to the total number of people in the Property Law. Under the mediation of community mediation organizations, both parties to disputes over property service contracts reach a settlement agreement on the settlement of related disputes in the spirit of mutual understanding and seeking truth from facts, and consciously perform it, which can not only maintain harmonious neighborhood relations, but also help build a harmonious and comfortable community and improve the quality and level of property services. (3) Although the mechanism of judges entering the community and interpreting the law on the spot to solve disputes is not new, it plays an important role in the context of frequent disputes over property service contracts. Judges entering the community mainly means that local courts regularly send judges into the community to carry out pre-litigation legal publicity, consultation and dispute mediation, which has achieved good results. The author believes that this move will help to improve people's legal awareness and effectively promote the construction of a harmonious community, especially for solving disputes over property service contracts in the community. As mentioned above, community judges, as members of community mediation organizations, can go deep into the community to carry out legal publicity according to their own life experience and trial experience, visit the community regularly or irregularly to understand the people's feelings in the community, and hold court sessions on the spot to achieve the effect of "hearing one thing and educating one thing" and effectively resolve various disputes in the community, especially the disputes over property service contracts that have gradually increased in recent years. In addition, in order to simplify procedures and improve efficiency, community judges mediate disputes alone. For experienced civil judges, most disputes over property service contracts can be effectively solved through interpretation, which effectively saves judicial resources and achieves good legal and social effects. The author believes that to do this work well, we must adhere to the combination of "judges entering the community" with popularization of law and governance according to law, with people's mediation work, and with judicial openness. As far as judges are concerned, first, they should be good propagandists, second, they should be good contradiction mediators, and third, they should build a perfect community service platform. These practices can not only solve the conflicts that have occurred in time and reasonably, but also control the dynamics of the community at any time, nip potential disputes and problems in the cradle, and make the disputes be alleviated and finally digested before they deteriorate. (4) Arbitration Settlement Arbitration refers to the fact that the two parties to a dispute reach an agreement in advance or afterwards according to the relevant regulations, and the dispute between them is submitted to an arbitration institution, which acts as a third party to adjudicate the facts, rights and obligations of the dispute. Arbitration is of great significance for effectively solving disputes over property service contracts. Arbitration is generally based on the willingness of both parties, and the scope is generally civil and commercial disputes. Compared with other ways to solve disputes over property service contracts, arbitration procedures are voluntary, professional, flexible, fast and independent, which provides procedural guarantee for timely, fair and effective settlement of disputes over property service contracts. In fact, many property service companies have stated in the pre-set property service contracts that any disputes will be submitted to the Arbitration Commission for arbitration, which shows that it is an inevitable trend for property services to gradually become socialized, professional and market-oriented through arbitration. Applying arbitration to resolve disputes over property service contracts can not only save judicial costs and improve efficiency, but also effectively protect the legitimate rights and interests of the parties. (5) Perfecting the relevant legal basis and solving justice through litigation is the last barrier of right relief. When the parties fail to solve the dispute after exhausting all the solutions, they will choose litigation. Litigation refers to the special activities of national judicial organs to solve disputes and handle cases in accordance with legal procedures. At present, most disputes over property service contracts in China have entered the civil proceedings, but the courts have encountered many obstacles in hearing such disputes, mainly because of the low level of legislation related to property service contracts in China, strong administrative color, too general provisions and weak operability. In practice, when trying disputes over property contracts, courts usually take General Principles of Civil Law and Contract Law as the basis, but these laws have no direct content about property services. Due to the lack of legal basis and policy guidance in China's property service contract, many problems have appeared in judicial practice, which have been described in the previous article and will not be repeated here. Therefore, in order to establish judicial authority, improve judicial efficiency, ensure the fair and just application of laws, and better solve disputes over property service contracts, it is necessary to formulate relevant laws on property service contracts, improve the legislative level of property service, standardize property service activities, clarify the rights and obligations of owners and property service enterprises, clarify the nature of property service contracts in law, establish supporting implementation rules, refine property service contracts, guide the signing of property service contracts, and promote the scientificity and standardization of property service contracts.