As a property company, what is the basis for whether to bear legal responsibility?

The disputes of property laws and regulations are based on the Regulations on Property Management and the Civil Code. According to the relevant regulations of our country, in the face of disputes in property cases, laws can be used to safeguard the legitimate rights and interests of the parties and protect their interests from infringement.

1. What is the basis of disputes over property laws and regulations?

In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties according to law.

The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Remarks: The court refused to pay the property fee on the grounds that the property service contract was not signed.

In any of the following circumstances, the people's court shall support the owners' committee or the owners' request to confirm that the contract or the relevant provisions of the contract are invalid:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Second, how to deal with property management disputes

1, property service contract dispute

Many owners' committees often have no clear definition of the nature of property contracts when signing contracts with property management. Some communities have signed "service contracts" and some communities have signed "entrustment contracts".

This is because the understanding of the property management service contract is different. If the two parties sign a property entrustment contract, it means that the property management enterprise is entrusted by the owner to manage the community, and the owner and the property management enterprise are entrusted and entrusted.

In the case of entrustment relationship, once there is a problem in community management, such as theft, the consequences have nothing to do with the property company; At the same time, because the client of the entrustment contract can terminate the contract at will without any reason, it is not conducive to the stability of residential property management.

Solution: When signing a property management contract, it should be noted that the nature of the contract should be a service contract, not an entrustment contract. The easiest way is to look at the name of the property contract first. If it is a service contract, the name of this contract is generally "property management service contract", not "property management entrustment contract".

2. Disputes over the relationship with the developer

Article 24 of the Regulations on Property Management stipulates the principle of separating real estate development from property management, and property management enterprises should be selected through bidding. But so far, most property management enterprises in residential areas are derived from developers. Even if bidding is implemented, it is difficult to establish a fair competitive bidding mechanism. Property management companies derived from developers are still in an advantageous position and often win the bid. This "father-son relationship" between construction and management is still widespread. When disputes such as property quality or unrealistic promises in sales occur, property management companies often refuse to handle them on the grounds that they are two independent legal persons and have nothing to do with developers, while developers are often project companies, which will not exist after construction settlement, and contradictions such as after-sales service and warranty cannot be solved.

Solution: After the owners living in the community meet the requirements, that is to say, the building area of the houses that have been sold and delivered in the community has reached more than 50%, or the first house has been sold and delivered for two years, the owners' meeting must be held in time to set up the owners' committee to safeguard their rights and interests through the owners' committee.

3. Disputes over public facilities.

This kind of dispute actually involves the question of who is the "owner" of the community public facilities, the developer or all the owners. In the "Property Management Regulations", only parking spaces are clearly defined at present, that is, "motor vehicle parking lots (garages) in residential areas should be provided to owners and users in residential areas. Parking spaces shall not be transferred to units and individuals outside the community; If the parking space is vacant, it can be temporarily rented to units and individuals outside the property management area. " And there is no regulation on the ownership of facilities and parts used by * * *.

To sum up, the legal basis for handling property management disputes has been introduced above, so property management and services are closely related to the life of the owners, but in fact, the amount of property management disputes is often unavoidable, and legal weapons should be used to safeguard their rights and interests.