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Listening to you, it seems that this owner is really not very reasonable. You can arrange customer service to do more work on the owner, if the service of the property company itself is not in place, it needs to be improved. If the property fee is collected according to the formal channel.
I wonder if you have sent a reminder notice? The reminder notice needs to be signed by the owner, and the refusal to sign must be indicated on the notice, and the property management company shall keep a copy, and the property management office of the housing authority shall submit a copy for the record. If the owner maliciously defaults on the property fee for more than half a year, he can file a lawsuit with the people's court, but the validity period will expire after the arrears for the first two years.
If you are in a small county town, you can still cut off water and electricity if you are in a hurry at a certain time (although it is not supported by law). However, there are also arguments: the maintenance scope of the property company is the water meter, electricity meter, and pipe behind the meter in the community.
is installed by the developer) The water plant power company is only responsible for the installation of the meter front, pipes, etc.
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For example, when fighting a war, just kill the handsome, for the community property management to be treated like this, the owners of the community all join forces to solve the problem, the police have a rule is not to kill the head of the property management, property management is like a dog fighting people, housing to put it bluntly, the land is the people's piece, please come over to manage, you still have a reason, find a way to make money, there are many rules, to put it bluntly, the property management is a vampire, the management does not cost a few dollars at all, the discerning person will know, if you want to make money, please go to the second generation of the official rich second generation. The developer is the property management.
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If others don't pay, it must be that your property has regarded itself as the owner and the owner as a slave, and the security guard is also rude to the industry and has hurt the owner. You have a bad reputation. Find a way to put your attitude better first.
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Or your property is not in place, our community properties have been yellow for many years, most of them are tenants, and later they were taken over by other properties, this property manager is like a dog, as long as you come out to pay the parking fee, you distinguish a few words He began to laugh and scold, that old shameless, simply scolded him.
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What is the reason for the owner who did not pay???
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1. Refusal to pay property fees.
For poor property management, or to reflect problems to the property, the property has not given a solution. Then the most direct way to deal with the property is to refuse to pay the property fee, and wait until the property has solved the problem of the complaint, and then pay the property fee.
2. Call 12358 to report.
12358 is a complaint platform established for merchants to charge unreasonable fees, which can protect the rights and interests of all citizens. As the owner, if we encounter a rogue property that charges related fees indiscriminately, we can directly call 12358 to complain. After receiving the complaint information, the relevant department will review the area of your complaint and the content of the report, and will notify the whistleblower as soon as the investigation and processing is completed within the specified time.
3. Report to the housing management department.
If you are dissatisfied with the property, you can also report it to the local real estate administrative department. This is the most straightforward and effective solution, especially when it comes to services. Because the real estate administrative department belongs to the superior leaders of the property, it is very reliable to choose them to make complaints.
4. Apply for court proceedings.
If the problem encountered is very serious, but the property company does not deal with it. Then you can go to court at this time. But the premise is that the owner needs to prepare all the materials, otherwise the chances of winning the lawsuit will be very small.
5. Make trouble to the Property Bureau.
When the community property company manages the owners, it is most afraid that the owners will make trouble with the property bureau. The property bureau is the management department of the property, and the relationship between the property and the property bureau is subordinate to the upper and lower levels. If the owner of the community complains about the property to the Property Bureau, then the property department will naturally be reviewed by the Property Bureau, and then will send someone to investigate, so the property is most afraid of the community owner complaining to the Property Bureau.
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1. Establish an owners' committee.
Since there is no special regulatory organization in the community, the property is being charged indiscriminately. As Party B in the property management contract, the property management company has the right to dismiss the current property under reasonable conditions. At this time, only if the owners are twisted into a rope, the owners' committee is established, and the responsibility of supervising the property is carried out, and the property company has a certain binding force and does not dare to come nonsense.
2. Collect evidence of indiscriminate property charges.
When the owner pays the property fee, the attitude needs to be tougher, when the property has the phenomenon of arbitrary charges, the owner should actively collect evidence of the property charges, whether it is a complaint or report in the future, they can take care of it, and the relevant departments can also make a certain deal with the property according to these evidence.
3. The property is required to present the original approval of the property fee charged.
After the owner moves into the community, he will sign a property contract with the property management company, and the property will provide property services in accordance with the content of the contract, and the owner also has the obligation to pay the property fee on time, and the obligations between the two are mutual. However, when the owner pays the property, he has the right to let the property management company show the relevant documents, because the property management project fees charged by the property to the owners need to be approved by the relevant departments, and only when the approval documents are obtained, the collection of property fees is legal.
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930 yuan for a while, 1930 for a while? You give me an opinion, how much is it in the end? How much money have you received now? How much do people pay, and what are the charging guidelines? Do you have an owners' committee in your community?
I don't understand the empty words, he explained that he believes that he will retire next year? Even if it is a top, it is also used to cover property fees, electricity bills, and water bills, how can it be kept for next year? Did he give you the interest?
The invoice is also greasy, he wrote it like this to fool you for 930 yuan, I don't know who has filled his pockets.
What you have to do now, 1. Find out the standard of their charges, how much people charge, how much your family charges, and whether it is reasonable, 2. Because he wrote an overcharge of 930 yuan on the invoice, then when he admits that he has overcharged money, call 12315 to defend his rights, it is not good, if you have ** in your place to visit these problems, you can also go on TV, afraid of appearing, go to a lawyer to sue him. It's useless to report 110, because 110 is just to maintain law and order, and they have no right to manage this kind of dispute.
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a) Consultation. It is best for the parties to a contract to settle their disputes through mutual agreement on an amicable basis.
2) Mediation. If the parties to the contract cannot reach a consensus through negotiation, they may request mediation by the relevant institutions, for example, if one or both parties are state-owned enterprises, they may request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention.
The parties may also request the contract management authority, arbitration institution, court, etc. to conduct mediation.
3) Arbitration. If the parties to the contract fail to reach an agreement through negotiation and are unwilling to mediate, they may apply to the arbitration institution for arbitration in accordance with the arbitration clause stipulated in the contract or the arbitration agreement reached between the two parties after the dispute arises.
4) Litigation. If there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can sue the contract dispute to the court for judicial settlement. In addition to the general characteristics mentioned above, some contracts also have a voluntary characteristic, such as foreign-related contract disputes, which may be resolved by invoking foreign law rather than the relevant Chinese contract law.
1. Can I not pay the property management fee?
The landlord may not pay the strata fee if:
1) When the property provides services that are not agreed in the contract or without the consent of the owner, the owner may have the right to refuse to pay;
2) If the property management company has not signed a contract with the owner, it may refuse to pay;
3) The property raises the service fee without authorization, and the owner may refuse to pay the part that is raised without authorization;
4) The quality of the property service is too poor, and the owner can temporarily refuse to pay, but must come up with evidence and negotiate a settlement, etc.
2. What are the qualifications for property management?
Enterprises engaged in property management activities can have independent legal personality.
Article 32 of the Property Management Regulations stipulates that enterprises engaged in property management activities shall have independent legal personality.
The competent administrative departments for construction, in conjunction with relevant departments, shall establish mechanisms for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness, to strengthen the management of creditworthiness in the industry.
The most basic management and services provided by property management companies for all residents:
1) The management of the main body of the building and the daily supervision of the residential decoration;
2) Management of housing equipment and facilities;
c) the management of environmental hygiene;
4) greening management;
5) Cooperate with the public security and fire departments to maintain public order in residential areas;
6) vehicle order management;
7) Services of a public agency nature;
8) Management of property archives.
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1) The parties to the double disturbance shall be resolved through negotiation and mediation.
Mediation of civil disputes over property management includes civil mediation and administrative mediation. Civil mediation is a joint selection of an institution or individual by both parties to the dispute, and a third party proposes a settlement opinion based on the opinions and authorization of both parties, and the dispute is resolved by the consent of both parties. However, this form of conciliation has no legal effect.
After the mediation, if one of the parties refuses to implement the agreed matters, the dispute will remain unresolved.
The administrative mediation of property management disputes is mediated with the help of the power of the supervisor, but if one party does not comply with the implementation, it must be resolved by other means.
Civil mediation and administrative mediation are different from mediation in arbitration or litigation proceedings. Mediation in arbitration or litigation is an integral part of the arbitration process and is not independent.
2) Resolve property management disputes through arbitration.
According to the provisions 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 or other organizations of equal subjects may be arbitrated. ”
The arbitral tribunal's jurisdiction over property management disputes is based on the agreement determined by the parties. There are two ways to arbitrate an agreement: one is to stipulate a clause at the time of conclusion of the contract, stating that once there is a dispute, it will be submitted to arbitration, which is called an arbitration clause; The other option is for the parties to reach a written agreement to submit to the arbitral tribunal on an interim basis after a dispute has arisen.
3) Resolve property management disputes through litigation.
The litigation procedure for property management civil disputes generally consists of the following steps:
1. One of the parties (plaintiff) submits a complaint and sues the court;
2. After the case is filed, the court shall serve a copy of the complaint on the defendant;
3. The defendant submits a reply;
4. **: Investigation, debate, mediation;
5. Preparation of mediation letter or first-instance judgment;
6. If neither party appeals, the judgment shall take effect; or one party is dissatisfied and files an appeal and enters the second-instance trial procedure;
7. Second-instance trial: Prepare a second-instance mediation document or issue a second-instance judgment, which is a final judgment and shall not be mentioned above;
8. Execution. 1. Can I not pay the property fee?
Generally speaking, property owners are required to pay strata fees, but landlords may not pay strata fees in the following cases:
1) If the owner asks the owner to pay the property fee before receiving the house, the owner may refuse to pay;
2) If the company does not have the original approval documents of the price management department, the owner may refuse to submit them;
3) If the property management company requires the payment of water, electricity, gas and other expenses that are not within the scope of the owner's payment, it may refuse.
2. What are the main responsibilities of property management?
Property management is mainly responsible for collecting management fees in accordance with the property management contract and relevant regulations; In accordance with the property management contract and management measures, the residential community is managed and management measures are formulated; deterring violations of rules and regulations; request the owners' committee to assist in management; Select and hire franchised companies (such as cleaning companies, Mingxun security companies, etc.) to undertake special management business; Implement a variety of operations to supplement the community management expenses with its revenue.
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If the property management is improper, the owner can report to the owner's management committee. The landlord and the owner's management committee can negotiate with the strata company. If the strata company violates the strata service contract, the landlord can terminate the contract.
Article 34 of the "Property Management Regulations" stipulates that the owners' committee shall enter into a written property management service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc. Article 35 stipulates that property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.
Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Article 34 of the "Property Management Regulations" The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.
Article 35 of the Property Management Regulations provides corresponding services to property service enterprises in accordance with the provisions of the property management service contract. If a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with the law.
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