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Can I sue irresponsible property?
Which department can I go to for complaints about property disputes?
According to Article 48 of the Regulations on Property Management, the real estate administrative departments of local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities. Therefore, the owner can complain to the property management office of the local real estate administration, which is the competent department of the property industry.
The owner needs to do a good job before the complaint, try not to take the form of oral complaint, and try to submit it in writing. Look at the property management agreement signed with the property management company before submission. Where did the property management company fail to fulfill its responsibilities, the evidence should be full and complete.
How to solve the dispute between the owner and the property management company?
1. Both parties shall settle the dispute through consultation and mediation.
Property management civil dispute mediation includes civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly select an institution and an individual, and the third party proposes a solution according to the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. However, such mediation has no legal effect. After mediation, if one party refuses to perform the agreed matters, the dispute remains unresolved.
Administrative mediation of property management disputes shall be conducted by the power of the competent government, but if one party fails to comply with the implementation, it must be resolved through other means.
Civil mediation and administrative mediation are different from arbitration or litigation mediation. Mediation in arbitration or litigation is a link in arbitration procedure and has no independence.
Second, resolve property management disputes through arbitration.
According to the provisions of China's Arbitration Law: "Contract disputes and other property rights disputes between citizens, legal persons or other organizations with equal subjects may be arbitrated."
The jurisdiction of the arbitration tribunal over property management disputes is based on the agreement approved by the parties. There are two ways of arbitration agreement: one is to stipulate a clause when the contract is concluded, stating that once a dispute occurs, it will be submitted to arbitration, which is called arbitration clause; Another way is to temporarily reach a written agreement and submit it to the arbitration tribunal after a dispute arises between the two parties.
Third, resolve property management disputes through litigation.
1. One party (plaintiff) submits a complaint and brings a lawsuit to the court;
2. After filing the case, the court will serve a copy of the complaint on the defendant;
3. The defendant filed a defense;
4. Hearing, investigation, debate and mediation;
5, the production of mediation or first-instance judgment;
6. If neither party appeals, the judgment will take effect; Or one party refuses to accept the appeal and enters the second instance procedure;
7. At the time of second trial, the conciliation statement or judgment of second trial is final, and the above shall not be mentioned again;
8. implementation.
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