Disputes with the property, disputes with the property

1 The waterproof warranty period of the house is 5 years, if there is a quality problem between the developer's responsibility, it should be repaired by the developer.

2 The staircase is also a common part, which should be within the scope of property liability, and the property management fee generally includes the expenditure on the stairway fee.

3 If the property management fee is refused, it is certainly inappropriate, after all, the property is a self-financing enterprise that serves the overall consumption other than individual property rights, and pays collectively, and if it is not paid, it actually infringes on the legitimate rights and interests of other owners.

1. The warranty period for house leakage is 5 years, and repairs should be requested from the developer within 5 years.

2. Whether the property has the obligation to be repaired in time depends on the agreement in the contract you signed with the property. If there is such an agreement, the property must be repaired in a timely manner, otherwise it will be liable.

3. It is also inappropriate for you to refuse to pay the property management fee, and if the property service is defective, you can ask for a reduction in the property fee.

The corridor should belong to the public part, and the public part should be handled by the property management company. You can ask the utility company to refund you the money you paid for your previous repairs.

Property doesn't matter, you go to the property to have a business license hanging, there should also be complaints**, hit this**, the corridor is a common part, if the property says that residents need to pay some money, but not to repair it is definitely not right, the property fee is not paid first, and they don't care.

Find your city's municipal construction committee to complain about the property!

Summary. 1.Negotiate.

The owner negotiates with the property management company to settle the matter. That is, the owner and the property management company can voluntarily negotiate with the property management company in accordance with the relevant laws, regulations, the provisions of the owners' convention and the property management contract, and then resolve the management dispute.

2.Conciliation. 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 a voluntary and equal basis. -- General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation.

3.Arbitration. Submit to an arbitration institution for arbitration. This refers to the way in which the two parties submit the dispute to an arbitration institution with management authority for adjudication to resolve the dispute in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the dispute arises.

4.Indict. Filing a lawsuit. The owner can bring the dispute to the court and request the court to exercise its jurisdiction to resolve the dispute in accordance with the law.

Disputes arise with the property.

Hello, dear, please make it clear, this is convenient for you to consult.

What is the problem with the property dispute.

During the epidemic management period, the property management was lax.

Good kiss. Strictly to me leads to disputes.

Are you looking for a way to defend your rights?

Yes, the specific method of complaining.

Right. 1.Negotiate with the property management company to settle the matter.

That is to say, the owner can negotiate voluntarily and equally with the property management company in accordance with the relevant laws and regulations, as well as the provisions of the owner's covenant and the property management contract, so as to resolve the management dispute. 2.Mediation is mediated by a third person.

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. 3.

The arbitration shall be submitted to the arbitration authority. This refers to the way in which the two parties submit the dispute to an arbitration institution with management authority for adjudication to resolve the dispute in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the dispute arises. 4.

Sue to file a lawsuit. The owner can bring the dispute to the court and request the court to return the jurisdiction to resolve the dispute in accordance with the law.

Kiss you, take a look at the methods and requirements of rights protection.

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Property disputes without property service contracts: In practice, many property management companies do not have a written contract with the owners' committee or the owner. What are the main questions about property contract disputes, the following is answered in detail for you.

1. What are the main issues in property contract disputes?

1. Property disputes without property service contracts: In practice, many property management companies have not signed a written contract with the owners' committee or the owner, and even the real estate developer has sent its own "people" to manage the real estate, without going through the management procedures of entrusting the property company, and without entering into a property management contract with the owner, etc.

2. Legal basis:

Article 188 of the Civil Code of the People's Republic of China.

Ordinary statute of limitations, maximum period for protection of rights] The statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

2. What is the litigation process for property contract disputes?

1. The plaintiff sues.

2. After the court accepts the case, a copy of the indictment shall be served on the defendant.

3. The defendant submits a reply within 15 days, and the court shall serve a copy of the reply to the plaintiff within 5 days, and if the defendant does not submit a reply, it will not affect the trial.

4. In the case of a decision to be heard, the court shall notify the parties and make an announcement three days in advance.

5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; Presentation of documentary evidence, purely physical evidence and audio-visual materials; read out the appraisal conclusions; The inquest transcript is read.

6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other.

At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

8. Announcement of judgment.

Property services are actually very important in the process of urbanization development, similar to the public health of the community, which definitely needs to be managed by property companies, but because some property companies only pay attention to management in the process of property services, but ignore the services to the owners, there are more and more property disputes caused by this. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.

If there is a dispute between the owner and the property, you can ask the relevant Qin Zhaoyu organization to mediate first, or directly file a lawsuit with the people's court.

Legal basis. Civil Procedure Law of the People's Republic of China

Article 122:Where a party sues a civil dispute brought to the people's court and it is appropriate for mediation, mediation is to be conducted first, except where the parties refuse to mediate.

Article 123:People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. where the requirements for initiating a lawsuit are met, the case shall be filed within 7 days, and the person who is suspected of the scumbag shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Legal analysis: the parties to the dispute between the owner and the property can settle it through negotiation; Request administrative mediation by the competent authority; The parties agree to apply for arbitration; File a lawsuit with the people's court.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Article 41.

The owner shall pay the property service fee according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Service Disputes

Article 6: Where the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time after the written reminder, and the property management service enterprise requests the owner to pay the property management fee, the people's court shall support it. Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it.

Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Arbitration Law of the People's Republic of China

Article 2. Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Articles 271 to 287 of the Civil Code of the People's Republic of China.

The property owner and the property are a contractual and legal relationship established on the basis of equality, voluntariness and two-way choice, and the two are equal civil subject relationships. When the owner is not satisfied with the service of the property service enterprise, he can find the competent department of the property service enterprise, mainly the local real estate administrative department to complain; If you think that the property management company's property fee is inappropriate, you can report it to the local price bureau; Of course, it is also possible to file a lawsuit directly with the people's court on the disputed matters.

Legal basis: Article 2 of the "Property Management Regulations" stipulates that the term "property management" in these Regulations refers to the activities of the owner through the selection of property management service enterprises, and the owners and property management service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

The construction administrative department is responsible for the supervision and management of national property management activities. The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

First of all, the two parties can negotiate, and if the agreement is not reached, they can apply for administrative mediation by the competent department, or they can apply for arbitration, or directly file a lawsuit with the people's court.

Article 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the people's court's acceptance of the civil code and the jurisdiction of the people's court receiving the lawsuit.

The two parties can negotiate in advance, and if the negotiation fails, they can apply for arbitration, file a complaint with the people, or file a lawsuit with the people's court.

Legal basis. Article 3 of the "Civil Procedure Law of the People's Republic of China" The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Article 233 of the Civil Code of the People's Republic of China Where a property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation or other means.

Property Management Regulations

48th 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.

Article 66 In violation of the provisions of these Regulations, the staff of the construction administrative department, the local people's real estate administrative department at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, and do not perform their supervision and management duties in accordance with the law, or if they find that the illegal acts are not investigated and punished, and constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given an administrative sanction in accordance with law.