What are the ways for owners to protect their rights, and which forms are not desirable?

First, about the protection of owners' rights and interests.

Safeguarding rights refers to safeguarding the legitimate rights and interests of individuals or groups. The scope of rights protection may include personal injury, land disputes, medical accidents, civil disputes such as marriage, family and inheritance, administrative and judicial proceedings.

Second, the form of owners' rights protection is not desirable.

1, non-violent means of non-cooperation or confrontation. This method can be described as varied, including: making, posting slogans and banners to expose the misdeeds of real estate developers and property management companies, refusing to pay property management fees, sitting in, holding meetings and demonstrating, hindering developers' sales and construction, and dissolving property management companies by themselves. Although the Constitution of China stipulates that the people and citizens of China have the rights of speech, publication, assembly and association. Freedom of demonstration and the promulgation of relevant laws and regulations, but the above-mentioned behaviors of owners are rarely carried out according to law, and most of them have evolved into behaviors that hinder or even disturb public order. Individuals are also punished by public security regulations, and the result is not worth the loss, which runs counter to their legitimate original intention.

2. Violent means. When negotiation fails, physical conflicts and even large-scale fights often break out between owners, developers and staff of property management companies, causing personal injuries.

3. What are the ways for owners to protect their rights?

1, administrative channel

Complain. In view of community planning, real estate license handling, housing quality and other related issues. , the owner can report to the local government construction administrative department, consumer rights protection association and quality supervision department. With regard to the property management of residential quarters, according to the Regulations on Property Management promulgated by the State Council, the owners can complain to the real estate administrative department of the local people's government at or above the county level where the property is located.

2. Legal channels

(1) Submit administrative reconsideration and administrative litigation to the local real estate administrative department.

(2) Bring a civil lawsuit for breach of contract or infringement against the developer and the property management company. Breach of contract refers to the sales contract and property service contract signed by the owner and the property management company. The rights in infringement include personal rights and property rights such as citizens' private property inviolability, owners' right to enjoy quality property management services, living environment rights and citizens' consumption rights. When this kind of dispute occurs, the owner can bring the dispute to court or bring a lawsuit directly to the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

(3) Submit to an arbitration institution for arbitration. This means that after a dispute between the owner and the property management company, according to the provisions of Article 4 of China's Arbitration Law, in accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute will be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located.

3. Other ways

(1) The owner and the property management company shall negotiate for settlement. The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

(2) Third-party mediation. This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

(3) Change the property management company. If the above methods can't satisfy the owner, the owner can change the property management company.

According to China's current purchase procedures, buyers should sign purchase contracts with developers. At the same time, when using a unified real estate sales contract, there will be clauses that the buyer agrees that the house he buys will be managed by the seller or the buyer's property management company.

Therefore, property buyers must be bound by the preliminary property service contract signed by the property management company selected by the developer and accept their property management services. Therefore, in practice, many property management companies usually claim that owners have no right to change property management companies on this ground.

The Regulations on Unauthorized Management clearly stipulates that the majority of owners have the right to hire and dismiss property service enterprises. The hiring and dismissal of the realty service enterprise shall be decided by the owners, but it shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Therefore, as the real owners of the community, the majority of owners have the right to re-select property management companies to provide property management services.