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In the event of a property dispute, the owner must actively protect his rights and interests. Recently, my family has been in a mess because of this property dispute. Our family bought a new community, and we also understood that the property was not in place at the beginning, but the property was not done later, which is something that all our owners could not bear.
There is often construction waste everywhere in the corridor, and there are often cars in the park, so there are many problems of this and that. The first time our owners were angry because of the heating thing, my family lives in the Northeast, in winter, heating is particularly important, each household is basically not up to 20 degrees, which does not meet the basic requirements, at the beginning we hit the property of the **, the property said to report to the leadership, but has been delayed. After a long time there was no solution, we built a WeChat group, said to protect their own rights and interests together, collectively to find the property, and then to the property building, to our local **call** to interview, the property is only this attention, slowly the temperature will come up.
Now another headache is the problem of opening the gas valve, the whole building is not open for a long time, there are always such and such problems, as soon as the property is hit, he said that it is being solved, and time has passed, and the problem has not been alleviated. We held a general meeting of owners, after which the former property was dismissed by us, and we went to Vanke Service to replace the previous property, and now the handover has not been completed, and it is estimated that it will be officially replaced next month.
Therefore, once there is a property dispute, then the owner must mobilize the power of the group, because one person may perfunctory you, but a group of people must have a correct attitude to solve the problem. If the property is really inactive, you can also hold an owners' meeting and choose innovative properties to serve you. We pay the strata fee every year, so we have to receive the same service as the strata fee.
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<> just experienced this problem last week, and my family doesn't go to live in the house they bought last year because they have been in their hometown all the time. A few days ago, because I was preparing for the exam, my aunt stayed there with me for more than ten days. The house that was renovated last year was piled up with some tile crumbs in the corner of the balcony, because it was relatively far back, and the aunt also wanted to make it convenient and dumped it in the trash can in the community.
In principle, the property fee paid is only responsible for domestic garbage, not decoration garbage. When the property saw it from the camera, she called her aunt and scolded her, but she couldn't get angry and quarreled with him.
Because it happened that the night before yesterday, my aunt parked the electric car in the stairwell, and she didn't come to live here on weekdays, so she put it in for fear of rain at night. The next morning, the aunt, who also put an electric car in the stairwell, made a big noise, saying that she was in her way. When the property came over, he said that his aunt was not, and that it would be fine if you left it outside.
So the two things were piled up together, and the quarrel that day was really hard to hear. I couldn't help it, so I said that we would clean up the tile crumbs immediately, and the property walked away with a scolding.
Afterwards, I told my aunt that we wouldn't have to pay the property fee, and we wouldn't live here often anyway. And the tenant next door and a resident upstairs did not pay the property fee, before the electric car was parked downstairs and was stolen, and the property was not lost. The aunt said that it is still necessary to pay it, after all, if you come here occasionally, the garbage or something still needs to be managed by the property, and the safety of the homes of the non-permanent residents also needs the property to be responsible.
Even if you quarrel with him, then he may indeed not fulfill his responsibilities, but things have to be on the bright side, and he will always help you sometimes. If he really fell out with the property, and one day something really happened at home, then he would really be irresponsible. When you go out, you don't see you when you go in, not to mention that there are so many family members living inside and out, and there is no need for him to chase after your family.
Therefore, it is time to pay the property fee and pay the property fee, and it is better to meet and show it a little.
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Property is an organized gang with a strong ability to drill vacancies, and you can also use the property fee to hire a full-time lawyer, and engage in relationships with a group of anti-hired old men in the court on a daily basis. China's garbage property law is biased towards property companies, coupled with the diversity of Chinese Chinese, basically owners cannot be owners, and spend money to invite ancestors. I have played 2 property cases, one is the hardcover sample room leakage, the property pushes the real estate company, the property pushes the property, to the court, Judge Cixi said that the house in our court is also leaking as an example, which shows that this is normal!
You can be mad with anger. One is that a family occupies a public house and it is affected, and as a result, the property and the court believe that it is more difficult than demolition to sue the owners' committee and have to sign by all the owners. In China, these things can only be done in the underworld.
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Developer property, who piles up garbage, is the vehicle owned by the owner of the community? Do landlords pay their fees normally? For a variety of reasons, if you hire a new property company, it is estimated that it will not be good! It depends on the quality of the owner!
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The ban on property is the voice of the majority of property owners.
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Most of the current properties do not act, only collect money, do not do things, and charge indiscriminately without permission.
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Owners are always weak.
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Legal analysis: When a dispute arises between the owner and the property management, the owner and the property management company negotiate to resolve it. It can also be mediated by a third person.
If the mediation fails, it shall be submitted to the arbitration institution for arbitration. Owners can also complain or file a lawsuit with the local people's ** real estate administrative department at or above the county level where they are located.
Legal basis: Article 4 of the Arbitration Law shall submit the dispute to the arbitration institution with management power, i.e., the arbitration commission where the property management company is located, in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the dispute arises. Article 48 of the Property Management Regulations of the local people's ** real estate administrative departments at or above the county level shall promptly deal with complaints from owners, owners' committees, property users and property service enterprises in property management activities.
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3) Other ways 1. The owner and the property management company negotiate and settle the problem. The "Property Management Regulations" have made clear provisions on the rights and obligations between the owners, the owners' committee and the property management company, and the owners and the property management company can voluntarily negotiate on an equal footing in accordance with the relevant laws, regulations, management regulations and property management contracts, so as to resolve management disputes. 2. Mediation by a third party.
This means that the owner and the property management company can submit the dispute to a third party, and the third party will preside over the negotiation between the two parties, so as to facilitate the two parties to reach a mediation agreement on the basis of voluntary equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation, for example, mediation can be carried out by the people's mediation committee where the property company is located. 3. Change the property management company.
If none of the above methods are satisfactory to the owner, the owner can change the strata company. According to China's current house purchase procedures, buyers must sign a house purchase contract with the developer. At the same time, when using the form of the property sale and purchase contract, the buyer agrees that the property purchased by the buyer will be managed by the seller or the buyer's property management company.
Therefore, the purchaser is bound by the pre-property service contract signed by the property management company selected by the developer for the property management company selected by the developer and accepts the property management services. Therefore, in practice, many property management companies usually use this as a reason to claim that the owner has no right to change the property management company. The Regulations on the Administration of No Rights clearly stipulate that the majority of owners have the right to select, hire and dismiss property service enterprises.
The selection and dismissal of property management service enterprises shall be jointly decided by the owners, but shall be subject to the consent of the owners of the exclusive part accounting for more than half of the total area of the building and the owners accounting for more than half of the total number of owners. Therefore, as the real owner of the community, the majority of owners have the right to re-choose the property management company to provide property management services for them.
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Legal analysis: the owner and the property management company negotiate and settle, mediation by a third party, submission to arbitration and filing a lawsuit by the arbitration agency.
Legal basis: Article 4 of the Arbitration Law of the People's Republic of China Where the parties settle their disputes by arbitration, they shall reach an arbitration agreement with their filial piety. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.
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The ways to deal with property management disputes can be summarized as follows:
1) The parties negotiate and settle on their own;
2) The parties request a third party to mediate, and request the competent department for administrative mediation.
3) Arbitration agreed between the parties;
4) Judicial proceedings.
Legal basis. Property Management Regulations
Article 19 The general meeting of owners and the owners' committee shall perform their duties in accordance with the law, and shall not make decisions unrelated to property management, and shall not engage in activities unrelated to property management.
If the decision made by the owners' general meeting or the owners' committee violates laws and regulations, the real estate administrative department of the district or county where the property is located or the sub-district office or the township people, shall be ordered to correct or revoke the decision within a time limit, and notify all the owners.
Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and promptly report to the relevant administrative departments.
After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
Article 48.
Local people's ** real estate administrative departments at or above the county level shall promptly deal with complaints from owners, owners' committees, property users and property service enterprises in property management activities.
1. Who will deal with disputes between the owner and the property?
Property disputes are civil cases, and there are several ways to resolve disputes after they arise:
1. The owner and the property management company negotiate to settle the problem. The owner and the property management company may, in accordance with the relevant laws, regulations, management regulations and the provisions of the property management contract, voluntarily negotiate on an equal footing to resolve the management dispute.
2. Mediation by a third party. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, mediation can be conducted by the people's mediation committee where the property company is located.
3. Complaints. In the event of a dispute between the owner and the property management company, the owner may complain to the local people's ** real estate administrative department at or above the county level where he is located in accordance with Article 49 of the Property Management Regulations.
4. File a lawsuit or submit it to an arbitration authority for arbitration.
In the event of a dispute between the landlord and the property, the first solution that comes to mind is negotiation between the two parties. In accordance with the relevant regulations, the two parties shall voluntarily negotiate the property management contract to resolve the conflict. If this method is not possible, you can choose the method of mediation by a third party, and general mediation includes civil mediation, administrative mediation and judicial mediation.
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If the property management company is unable to collect it through conventional collection channels, it will actively collect it through litigation. ** is an important process for litigants to participate in the proceedings. By submitting litigation claims, stating facts and reasons, and refuting the evidence and opinions of the other party, the judge can have a clearer view of the case and strive to obtain the judge's support.
It is recommended that you choose Times Neighborhood, the reputation of this property company is quite good, and the popularity is relatively high, and our community is also this property company.
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