What is a property dispute?

First, the common types of property disputes

1. Property dispute without property service contract

Many property management companies have not signed written contracts with owners' committees or owners. In the absence of contractual stipulations and provisions, disputes between the two parties are easy to occur and cannot be solved well. Therefore, the property service contract is still very important, and the owners need to pay attention to signing the property service contract, and don't ignore it easily.

2. The dispute over the standard of property fees.

The property management service fee for ordinary houses is the government-guided price. When determining the fees, it should be based on the reasonable cost of property management services and the comprehensive calculation of the economic affordability of the owners. Other houses must be approved by the owners or the owners' committee. But in fact, there is no specific standard for property fees, and property companies will collect fees indiscriminately, which will also lead to disputes.

3, the owner refused to pay the property management fee dispute.

It may be unreasonable for the owner to refuse to pay, or the service quality provided by the property management enterprise can't meet the standard stipulated in the contract, or it may be unreasonable to share the expenses on business, which needs to be handled according to different actual conditions.

4, property management companies breach of contract disputes

The default behavior of property management enterprises is mainly manifested in poor maintenance and management of public parts and facilities; Failing to fulfill the management responsibilities of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment. At this point, property management companies need to bear the liability for breach of contract according to law.

5. Improper handling of property disputes.

At present, many property companies often adopt inappropriate methods when dealing with property disputes and disputes with owners, such as violent settlement and litigation. In this way, it is not only difficult to solve the fundamental problem, but also easy to intensify contradictions.

Second, the settlement of property disputes

1, mediation

Property management civil dispute mediation includes civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly choose an institution, organization and individual, and the third party proposes a solution based on the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute.

2. Arbitration

If mediation fails, it can be settled through arbitration, which mainly focuses on contract disputes or property rights disputes. There are two ways of arbitration agreement. One is to stipulate a clause when concluding a contract, stating that once there is a dispute, it will be submitted to arbitration. Another way is to temporarily reach a written agreement for arbitration after a dispute arises between the two parties.

3. Litigation

If the arbitration fails, both parties can settle the dispute through litigation. The litigation procedure of property management civil disputes is generally that one party files a complaint and brings a lawsuit to the court; After the court examines the case, it will serve a copy of the indictment on the defendant; The defendant submits a reply; Open a court session; Making a conciliation statement or a judgment of first instance; If neither party appeals, the judgment will take effect.