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First of all, check the property service contract to see how the specific content of the property omission is agreed in the contract. If there is indeed a service content agreed in the contract but the property does not do it, then there is a property default; Then, you can first report to the owners' committee, and at the same time, you can also file a complaint with the property management division under the housing authority of the jurisdiction.
1. Examine and approve the business qualifications of property service enterprises. (This item, *** has cancelled the approval of the qualification of property service enterprises).
2. Supervise and manage property management bidding activities. The State advocates the selection and employment of property service enterprises with corresponding qualifications through bidding, and stipulates that the construction administrative department shall be responsible for the supervision and management of property management bidding activities, and shall be responsible for the relevant legal and business training and comprehensive evaluation of bid evaluation experts.
3. Supervise and manage daily property management activities. Guide the establishment of the owners' general meeting and record the establishment of the owners' general meeting; Participate in the formulation of property service charges, supervise and verify the property service charges; Stop and deal with relevant illegal acts in the property management area in accordance with the law; Handling complaints from owners' committees, property users and property service providers in property management activities; Participate in the formulation of special maintenance fund management measures, supervise and inspect the use of special maintenance funds, and give administrative penalties for violations of laws and regulations.
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1.Complaints can be lodged with the Property Management Division of the local Real Estate Authority, which is the competent authority for the property industry
2. Do the corresponding work before complaining. Try not to make a verbal complaint, but to submit it in writing;
3. Before submitting, look at the property management agreement signed between you and the property management company, what are the places where the property company has not fulfilled its duties, and the evidence should be sufficient and complete.
1) Property management dispute handling methods, summarized more and more of the following, also commonly used:
1. The parties choose to negotiate and settle at their own discretion;
2. The parties request a third party to mediate, and request the competent department for administrative mediation.
3. Arbitration is agreed between the parties;
4. Judicial proceedings.
It is difficult to assess which of the above methods is better or worse, and the parties can decide for themselves. Optional negotiation and settlement is a way for the parties to resolve disputes through dialogue, while the latter three are ways to resolve disputes with the help of a third party.
2) Mediation of disputes, mediation of civil disputes over property management, including 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 does not execute, the previous efforts will be lost. 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.
3) Arbitration of civil disputes over property management.
1. Disputes of a civil nature that can be resolved through arbitration, mainly disputes based on contracts or disputes over property rights and interests. 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.
2. The basis for the jurisdiction of the arbitral tribunal over property management disputes is 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.
Disputes related to this contract shall be settled through negotiation between the two parties, and if no negotiation is possible, it shall be submitted to the Guangzhou Arbitration Commission for arbitration. "Disputes in which an arbitration agreement has been reached shall not be brought before the courts; Even if a lawsuit is filed, the court will not accept it.
Legal basis
According to Article 48 of the "Property Management Regulations", the local people's ** real estate administrative departments at or above the county level shall promptly deal with the complaints of owners, owners' committees, property users and property service enterprises in property management activities.
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The method of complaining about property omission is as follows:
1. Find the street office, the direct jurisdiction of the street office is the people of the jurisdiction, the street office is responsible for the comprehensive management of the cultural construction and policy implementation of the district, so the community property problems can be found in the jurisdiction of the street management office for complaints, the street management office has the right to accept and assist in negotiation;
2. Find the housing management department, the housing management department is mainly responsible for: housing security, system reform, construction, market supervision, property management, housing management, etc.
3. Find the price management department, if the problem of the property involves whether the charge is reasonable, then the owner can find the local price management department to complain.
The law is based on the dry paragraphArticle 186 of the Civil Code of the People's Republic of China.
If the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability;
Article 577 of the Civil Code of the People's Republic of China.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses;
Article 578 of the Civil Code of the People's Republic of China.
If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period;
Article 233 of the Civil Code of the People's Republic of China.
If the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.
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Call 12358 to report.
12358 is a platform established for merchants to charge unreasonable fees, which can safeguard the rights and interests of all public banks and 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 notify the whistleblower at the first time after the completion of the bank transfer for future investigation and processing within the specified time.
Report to the housing management department.
If you are dissatisfied with the property, you can also report it to the local real estate administrative officer. This is the most straightforward and effective solution, especially when it comes to services. Because the real estate administration department belongs to the superior of the property, it is very reliable to choose them to make a complaint.
Apply for court proceedings.
If the problem encountered is very serious, but the property Gongfeng Hu destroys the division and does not destroy 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.
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The property inaction can be reflected to the owners' meeting, and the owners' meeting will first negotiate with the property, and if the negotiation fails, it can apply for mediation, or it can directly sue the court. If the property management company fails to perform the relevant obligations in accordance with the content of the property management service contract, which constitutes a breach of contract, the bend relatives need to bear the liability for breach of contract.
Article 186 of the Civil Code: Where the personal rights and interests or property rights and interests of the other party are harmed due to a breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability. Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578:Where one of the parties clearly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request that it bear the responsibility for breach of contract before the expiration of the performance period.
Article 233:Where property rights are infringed upon, the right holder may resolve it through conciliation, mediation, arbitration, litigation, or other means.
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