Job Recruitment Website - Property management company - How do owners defend their rights?

How do owners defend their rights?

1, administrative channel

Complain. In view of community planning, real estate license handling, housing quality and other related issues. , the owner can report to the local government construction administrative department, consumer rights protection association and quality supervision department. With regard to the property management of residential quarters, according to the Regulations on Property Management promulgated by the State Council, the owners can complain to the real estate administrative department of the local people's government at or above the county level where the property is located.

2. Legal channels

(1) Submit administrative reconsideration and administrative litigation to the local real estate administrative department.

(2) Bring a civil lawsuit for breach of contract or infringement against the developer and the property management company. The "contract" in breach of contract refers to the sales contract and property service contract signed by the owner and the property management company. The "rights" in infringement include personal rights and property rights such as citizens' private property inviolability, owners' right to enjoy quality property management services and living environment, and citizens' consumption rights. When this kind of dispute occurs, the owner can bring the dispute to court or bring a lawsuit directly to the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

3. Submit to the arbitration organ for arbitration. This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.

(1) The owner and the property management company shall negotiate for settlement. The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

(2) Third-party mediation. This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

(3) Change the property management company. If the above methods can't satisfy the owner, the owner can change the property management company.