Housing reform housing area, the unit has no property rights contract.

You can go to the local housing authority to check whether this property management company has filed a property management contract. Developers do have the right to change the property company in the early stage, and the property management contract in the early stage is indeed signed by the developer and the property company. According to the formal management requirements, when a property management company undertakes a property management project, it needs to go to the housing management department where the project is located for property management filing. So you can check whether this property management company has legal management procedures.

If the company has a formal property management contract and put it on record, it means that the procedures for the company to undertake the project are legal. According to the contract law, you have the obligation to pay the property management fee; And the property company has the obligation to provide property services in accordance with the contract. Neither of you can unilaterally violate the contract. Therefore, if you don't pay the property fee, the court will probably accept the opinion of the property company that you must pay the property fee. What you have to do now is to collect the evidence that the property company can't provide effective property services according to the property contract. Then counterclaim in court that the property management company failed to provide services as agreed in the contract, causing losses to your life and demanding compensation from the property management company.

Second, on the handling of non-contractual disputes.

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.

Third, 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.

Four, the property service contract publicity period

There is no clear and specific regulation on the publicity period of property service contracts in China.

The general practice is seven to fifteen days or thirty days, and the specific publicity period can be decided by the property service person according to the actual situation of the community.

However, although the law does not expressly stipulate the publicity period of the property service contract, according to Article 943 of the Civil Code, the property service provider shall regularly publicize the service items, responsible personnel, quality requirements, charging items, charging standards, performance, the use of maintenance funds and part of the owners' operation and income in a reasonable way, and report to the owners' assembly and owners' committee.

The above is about what to do without a property contract. According to the above, we can know what to do in this case and the publicity period of the property service contract is seven to fifteen days or thirty days according to the general practice. If you still don't understand, you can consult a lawyer in Zhaofa.com, and they will give you professional advice.

Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If the content is wrong, please contact to delete it through the complaint function.

Relevant laws

[1] article 943rd of the civil code of People's Republic of China (PRC) >

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

If all the owners are unaware of the signing of the property contract, and all the owners may not ratify the contract, then the property contract will not be effective to the owners. In addition, all owners can also negotiate with the property service company to terminate the property contract. & ltbr/>；

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

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