Defects On Service Of Property Management And The Owners' Relief

The high speed social development has brought a big shock to people's traditional life style, which resulted in the disorder on the idea of modern people. And the reality most conflicts and disputes have roots in the disorder caused by the change of people's life style. One of them is the contract dispute on the service of property management, which is increasing dramatically nowadays with the change of people's living style. In most cases on the service of property management, the owners always present the defending justification that there are defects in the service and refuse to pay the bill of property management, while the companies of property management insist that they have performed the contracts on the service of property management. Because the legalization lag behind the practice of property management, and the contract on the service of property management is a new type of the contacts appeared after the building distinguish ownership, which has its own specialty compared with the traditional contracts taking the entity as the transaction centre, plus the difficulty to measure the quality of the service, in juridical practice, the summary defending justification of the owners can't be supported by the courts ,causing the rights of the owners can't be practically protected. As a result, the conflict between the owners and the companies providing the service of property management is continuously upgrading, even the violent event happened in some small zones, which becomes outstanding issues affecting the social stability.Aiming at this phenomenon, we should perfect the related law system and the owners'relief mechanism as soon as possible, in order that the rights of the owners can get a practical maintenance. Firstly, the law system on property management should be perfected as to the change of the present living style, and we should establish the independent stance of the contract on the service of property management, and recognize and master the characteristics of the service contract. In the process of legalization, we should clarify the criterion standard and measure methods for the defects of the service on the property management, and substantiate and refine the contents of the laws on property management, all of which provide more explicit and practical legal grounds for settling the disputes on the property management service contract. Secondly, we should activate the owners'autonomy mechanism, set the owners committee compulsively with full and independent litigation stance in small zones, making owners committee fully implement its function as the representative of the owners in the small zones. Thirdly, in the juridical practice, when judging such cases, the courts should adopt corresponding judge procedure with the dispute specialty of the contract on the property management, balance the benefits between the owners and the companies by the suit, and guarantee the unimpeded relief path for every single owner.