What if there is no contract between the owner and the property?

With the warming of the property market and the improvement of living conditions, civil disputes caused by property are on the rise. Due to the single subject of such cases, the complexity of the case and various forms of disputes, it brings certain difficulties to the trial process, and the related problems caused by it need to be paid attention to urgently.

First, about the handling of disputes without contracts.

The relationship between the owners' committee or the owners and the property management company is contractual, and disputes should be handled according to the contract concluded by both parties. However, in practice, many property management companies have not entered into written contracts with owners' committees or owners, and even real estate developers have sent departments to manage their own properties, failed to go through the formalities of entrusting property management companies, and have not entered into property management contracts with community owners, laying the groundwork for property management disputes.

In the absence of a contract, the court should pay attention to two outstanding issues when dealing with property management disputes: First, the qualification of the property company. To carry out property management services, a property company should not only register relevant enterprises, but also have corresponding grade qualifications and charging qualifications, and have relevant certificates issued by government departments; For those who do not have legal qualifications but are engaged in property management and have property management disputes, the court may, with the consent of the owners' committee or owners, order the property company to reissue the relevant documents within a time limit and sign a property management contract with the owners' committee or owners, but only charge a reasonable fee for the property fee before reissue the documents; If the property management company can't go through the formalities, or the owners' committee and owners don't agree to the property management company's continued management, the court should only support the cost of the property management company based on the principle of fairness in civil law, and should not protect the economic benefits it tries to earn in violation of laws and regulations. The second is the property fee standard. The collection of property fees should follow the principles of rationality, openness and suitability for service, and the collection standards should be strictly implemented in accordance with the contract. The property management service fee for ordinary houses is the government-guided price, which is determined according to the reasonable cost of property management services and the economic affordability of the owners. Other houses must be approved by the owners or the owners' committee. If the parties fail to reach an agreement on property management, it means that the parties have not agreed on the matters of property management, nor have they agreed on the charging standards and payment methods, so the service contract relationship between the parties is not established; If a property management company manages a residential area and thus suffers losses, it may refer to the principle of negotiorum gestio in the general principles of the Civil Law, and the owners or owners' committee may, at their discretion, give them economic compensation equivalent to the amount of losses.

Second, about the application of the law.

Regarding the condominium ownership of buildings, many countries in the world regulate it in the form of legislation, such as Austrian housing ownership law 1948, German housing ownership law 195 1, and British housing law 1957. At present, China's legislation on housing is lagging behind, and there is no system of differentiated ownership of buildings. Therefore, there is no law to regulate construction management at present, and the regulations proposed by the Ministry of Construction have not yet been promulgated. At present, there are only some local laws and regulations, such as the Regulations on Property Management in Jiangsu Province adopted by the Standing Committee of Jiangsu Provincial People's Congress. Some scholars suggest that China should consider the issue of differentiated ownership of buildings when formulating property law or one-way differentiated ownership of buildings, because the essence of property management is to distinguish all buildings.

Zhaoqing real estate dispute lawyer said that the specific law to be applied in the trial of disputes between property companies and owners depends on the nature of specific cases. Disputes arising from property management shall be governed by the contract law or local regulations, and may also refer to departmental regulations; Disputes arising from infringement or neighboring relations may be governed by laws such as the General Principles of Civil Law and relevant judicial interpretations; In case of disputes arising from lack of management, the General Principles of Civil Law and relevant judicial interpretations can be applied.