What law is applicable to disputes between property and owners?

I. Relevant legal provisions on disputes between property and owners

According to the relevant provisions of the Civil Code:

(a) residential property companies need * * * green parking spaces, before construction, it shall be reported to the relevant landscaping departments and real estate companies for approval. Without approval, public * * * green facilities shall not be changed without authorization;

(2) Before decoration, all owners shall be informed, and construction can be carried out in accordance with relevant regulations or schemes only after more than two-thirds of the owners agree and sign.

Moreover, the renovated property must be open to all owners free of charge. If the charging system is adopted, the parking fee belongs to all owners, and the property management company can collect and remit it. All expenses should be returned to each owner equally, or the corresponding property fees of each owner should be deducted. Among them, the property company can agree with the owners' committee to extract a certain parking space management fee.

In case of any of the above-mentioned violations, the owner may report to the Property Management Office of the Real Estate Management Bureau or to the relevant landscaping department.

The service of the property management company can't satisfy the owners. What should the owners do if they complain that the property effect is not satisfactory?

According to Article 946 of the General Principles of the Civil Law, if the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Therefore, according to the provisions of the civil law, the property cannot be changed at will, and it must be submitted for approval, and it can only be handled after two-thirds of the owners agree. If the property violates the contract, it can complain to the landscaping department. If the owner is dissatisfied with the property, he can terminate the property service contract through legal procedures. There is no other notice time in the contract, and he must notify the property service personnel in writing 60 days in advance.

Two, the "Civil Code" in the case of disputes between owners and property are

(1) If you are injured by throwing objects at high altitude, you can find a property if you can't find the thrower.

(2) Elevator advertising revenue and parking lot revenue in residential areas are owned by the owners.

Article 282 of the Civil Code stipulates that the owners of property management can deduct reasonable expenses from their income, and the remaining income belongs to the owners.

(three) the property shall regularly report the income to the owners in a reasonable way.

Article 282 of the Civil Code stipulates that property service providers shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operations and income in a reasonable way, and report to the owners' meeting and owners' committee.

(four) the owners are not satisfied with the property services, you can change the property.

Sure! If the property staff have no formal training, chaotic management or rude attitude, the owners have the right to replace and dismiss the property company according to law.

Article 946 of the Civil Code: If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

(5) The property fee has not been cancelled, but the unreasonable places have been improved, and all fees such as utilities fee, wall smashing fee and garbage cleaning fee have been cancelled. There are also the following four kinds of fees that can be exempted.

If the house is overdue, the property fee may not be paid;

The natural gas opening fee may not be paid;

Shall not pay fees other than those stipulated in the property contract;

If the property increases the cost without authorization, it may not be paid;

(6) Can the owner refuse to pay the property fee if there are quality problems in the newly-built commercial housing?

cannot

Housing quality is the right and obligation relationship between the owner and the developer in the commercial housing sales contract, which is the commercial housing sales contract relationship, while the relationship between the owner and the property is the property service contract relationship, and the two are not related.

Regarding the quality of housing, the owner should apply to the developer for the guarantee of quality problems, rather than refusing to pay the property fee.

(seven) the owners' committee decided that the legitimate rights and interests of the owners were infringed, what should the owners do?

The infringed owner may, according to the provisions of the Civil Code, file a lawsuit to cancel the decision within 1 year that he knows or should know, so as to protect his rights.

Then, according to the provisions of Article 280 and Article 152 of the Civil Code, request the people's court to cancel it within 1 year when it knows or should know.

(eight) the house is uninhabited and the property service is not in place. Can I not pay the property fee?

3. How long is the statute of limitations for disputes between property and developers?

civil law

Article 188 The limitation of action for requesting the people's court to protect civil rights shall be three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

Article 189 Where the parties agree to perform the same debt by installments, the limitation period of action shall be counted from the date when the last installment expires.

Article 190 The limitation period for a person without civil capacity or with limited civil capacity to claim a legal representative shall be counted from the date when the legal representative terminates.

Article 191 The limitation of action for minors to claim compensation for sexual infringement shall be counted from the date when the victim reaches the age of 18.

Article 192 Upon the expiration of the limitation of action, the debtor may raise a defense of non-performance.

After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.

Article 193 A people's court may not apply the limitation of action on its own initiative.

To sum up, disputes between property and developers need to be resolved in time, which can be handled through negotiation, mediation, arbitration, litigation, etc. But either way, legal evidence is needed, and it needs to be within the limitation of action, so as to safeguard their respective rights and interests. For your better rights protection.

Legal objectivity:

Article 9 of the Public Security Administration Punishment Law

If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.