Property Management Service Charge Disputes Prevention And Treatment Methods

Property management service charges to the property management company hired by an owner, tocarry out maintenance on the building and its equipment, utilities, green, transportation, law and order andenvironmental protection projects within the Urban Residential District, repairs, rectification, services, andother living services related to the fees charged. Property management services are generally labor costs,property of the common parts and common facilities of the daily running and maintenance costs, theproperty management area green maintenance costs, property management area clean costs, propertymanagement regional order maintenance costs, office expenses, the property company posed by thedepreciation of fixed assets, property of the common parts, shared facilities and equipment and publicliability insurance costs and other costs agreed to by the owners.Charge the costs of property management services need to adhere to certain principles of pricing.Firstly, price item of property management services and the price charged should be reasonable; to complywith the principle of openness, as the owners of the client and accept the right to understand the propertymanagement service charges, and asked to participate in the supervision and inspection of the propertycompanies, Finally, the pricing in line with the principle of adapting costs and service levels, according toproperty type, size, function, equipped with the facilities and property service standards determine the fees,the implementation of competitive prices, consistent quality and price, in a specific practice, There aresome principles, such as "who benefits, who pays" and so on. Pricing, property management servicecharges should distinguish between the nature and characteristics of the different properties of theimplementation of government guidance and market adjusted to the specific form of pricing provincial,autonomous regions and municipalities directly under the Central government price departments todetermine in conjunction with the real estate administrative departments. Owners and property companiescan take the form of a contract system or Choujin Zhi agreed property management services, contractsystem is a fixed property management service fees paid to the property company by the owners, surplus orloss by the property companies enjoy or assume property management services include The Fei way.Extractremuneration according to the agreed proportion of the agreed amount the Chou Jinzhi is received in advance of property management services funds paid to the property company, all the rest of propertymanagement services for property management services contract expenditures, balances, or less than by theowners to enjoy or bear billing methods, their advantages and disadvantages of the contract system andChou Jinzhi, property companies, as well as the owners’ committee in accordance with the specificcircumstances of the district, rational, beneficial to choose carefully from the stage of development of ourproperty management services in two wayshas its raison detre and necessity.Property management services fee disputes between property companies and the owners, disputes overdifferences on price and service quality. The dispute was mainly due to the controversial propertycompanies and the owners of the service price and quality of service and the relationship between propertymanagement services to the property between the company and the owners as a precondition to adjust theproperty management service activities as a result, the performance of the charges is difficult and triggeredlegal proceedings. The dispute types include: the controversy triggered by the property managementservices contract is not signed, the controversy caused by the property management services contractcontent, modify or rescind the controversy triggered by the property management services contract and notin accordance with the property management services contract controversy.Charges related to the vital interests of each of the owners of property management services, in orderto reduce the costs of property management services disputes need to be prevention and resolution.Prevention should pay attention to the relevant laws and regulations to improve the property managementcontract in China more effectively select the mode of specialized property management legislation, andsecondly, to attach importance to the signing of the property management services contract to uphold a fairand just signed with the legal principle of property management service contracts, property managementservices of both parties to strengthen the awareness of the contract, prudent conclusion of the contract,clearly aware of their rights and obligations in the contract, again, as far as possible to refine the content ofthe contract, in particular, pay attention to specify in detail the standards of service, fees, charges content inorder to improve the property management services contract, whether it is fee based on the real estatelicense set forth in building area, or classification and grading according to different standards of service toreceive the property management service fees, must be clarified in the contract, and finally, collection of innovative property services management costs, by way of legislation, change owners take the initiative topay "to" compel him to pay ".Disputes for property management services, a reasonable approach: non-actionable categories ofdisputes, including civil settlement, civil mediation and arbitration; Civil Procedure, the participation of theparties and other participants in the proceedings, the People’s Court in accordance with statutory procedureto deal with the property disputes, to resolve civil disputes of the costs of property management services,litigation management services are our current property management companies filed to take the ordinaryprocedures of civil litigation, this program a long time. I propose the litigation of such disputes in the futurecan learn from the experience of Hong Kong, Hong Kong program is simple, the compensation courthearing of small debt, regardless of non-actionable categories of dispute settlement or civil litigation,should implement the principle of lawful and fair, that is, based on facts and law as the yardstick.Throughthese various forms of solution to gradually reduce factors of disharmony within the field of propertymanagement, and promote the harmonious and orderly development of property management. With thecontinuous development of people’s economic level, the level of awareness of continuous improvement andthe continuous improvement of the legal provisions, ultimately people will not only be able to "HomeOwnership", also "No Interference", a beautiful and happy life.