What are the ways for owners to safeguard their rights? Which forms of safeguarding their rights are unreasonable?

1. About owner rights protection

Rights protection refers to safeguarding the legitimate rights and interests of individuals or groups. The scope of rights protection may include administrative and judicial litigation involving personal injuries, land disputes, medical malpractice, marriage, family, inheritance and other civil disputes.

2. Unreasonable forms of rights protection by owners

1. Non-violent non-cooperation or confrontation. Such methods can be described as diverse, including: making homemade slogans and banners to expose the misdeeds of real estate developers and property management companies, refusing to pay property management fees, sit-ins, rallies, demonstrations, obstructing developers' sales and construction, and voluntarily dismissing property managers. Companies and so on. Although our country's Constitution stipulates that citizens of the People's Republic of China and the People's Republic of China have the right to speak, publish, assemble, and associate. freedom of procession and demonstration, and relevant laws and regulations have been promulgated, but the above-mentioned behaviors of property owners are rarely carried out in accordance with the law, and most of them evolve into behaviors that hinder or even disrupt public order. Some individuals are also punished by public security management regulations, and the results are not worth the gain. , contrary to its legal original intention.

2. Violent means. When negotiations fail, physical conflicts or even large-scale fights often break out between owners, developers, and property management company staff, resulting in personal injuries. This most primitive and most ineffective way of resolving disputes appears frequently in modern legal societies, which is very regrettable.

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

1. Administrative channels

Complain. For problems related to community planning, real estate certificate processing, housing quality, etc., owners can report them to the construction administration department, consumer rights protection association, and quality supervision department of the local government. Regarding community property management issues, according to the "Property Management Regulations" promulgated by the State Council, owners can complain to the real estate administrative department of the local people's government at or above the district or county level where the property is located.

2. Legal channels

(1) File an administrative review or administrative lawsuit against the local real estate administrative department.

(2) File a civil breach of contract or infringement lawsuit against the developer and property management company. The covenants in breach of contract refer to the purchase and sale contract for house purchase and the property service contract signed between the owner and the property management company. The rights involved in the infringement include citizens’ rights to have their private property protected from infringement, owners’ rights to enjoy high-quality property management services and living environment, citizens’ consumer rights and other personal rights and property rights. When such disputes arise, owners can take the dispute to court or directly file a lawsuit with the local people's court, requesting the court to exercise its judicial power to resolve the dispute in accordance with the law.

(3) Submit to arbitration agency for arbitration. This means that after a dispute arises between the owner and the property management company, according to the provisions of Article 4 of my country’s Arbitration Law, the dispute will be submitted to the person with management authority in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily entered into after the dispute occurs. The arbitration institution, that is, the arbitration committee where the property management company is located, makes rulings to resolve disputes.

3. Other ways

(1) The owner negotiates with the property management company to resolve the issue. The "Property Management Regulations" have clearly stipulated the rights and obligations between owners, owners committees and property management companies. Owners and property management companies can voluntarily negotiate in accordance with relevant laws, regulations, management regulations and property management contracts. Negotiate on an equal footing to resolve management disputes.

(2) Mediation by a third party. This means that the owner and the property management company can submit the dispute to a third party, who will preside over the negotiation between the two parties and facilitate both parties to reach a mediation agreement on the basis of voluntariness and equality. Generally, mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, mediation can be conducted by the people's mediation committee where the property company is located.

(3) Change the property company. If none of the above methods satisfy the owner, the owner can change the property management company.

According to my country's current home purchase procedures, home buyers must sign a home purchase contract with the developer. At the same time, when using the uniformly issued real estate sales contract, there will be a clause in which the buyer agrees that the house purchased will be managed by the seller or the buyer's property management company.

Therefore, home buyers must be bound by the preliminary property service contract signed by the property management company selected by the developer and accept its property management services. Therefore, in practice, many property management companies usually use this as a reason to claim that owners do not have the right to change property management companies.

The "Regulations on Unauthorized Management" clearly stipulates that owners have the right to select, hire and fire property service companies. The selection and dismissal of property service enterprises shall be decided upon by the owners, but shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and account for more than half of the total number of owners. Therefore, as the real owners of the community, the majority of owners have the right to choose a property management company to provide them with property management services.

(Hualong.com Comprehensive)