A Study On The Legal Problems Of Property Service Disputes

Deepening of the system of housing reform led to the development of commercialhousing market irsing in all parts of China, the property services industry has also obtainedthe considerable development, the role of property services in daily life is becoming more andmore important. Property services industry in China started lately, there aremany properly service corporations not standard places in the service process，and relatedlaws and regulations of property services are not perfect, the promulgation of "propertymanagement regulations" and "property law" plays a crucial role in regulating theproperty services market, but there are some differences between ditf’erent departments andregions in understand the property services industry, resulting the difficult to resolve the therealty service process disputes between property service corporations and owners ofproperty. In practice, the property company general into the real estate developmentcompanies, property companies and the committee selected by the owners of propertycompanies in the later period, real estate development to sales to the owners atfer the propertymanagement area, a method for the determination of the committee, industry production andpost Service Corporation engaged in property, due to the lack of legal consciousness, theowners of their own property Service Corporation abnormal operating method, before andatfer the property company in transition，and oversight of the real estate administrativedepartments in the registration work of relevant laws and regulations to implementthe different way, the property owners refused to pay fees often lead to the emergenceof property companies in the process of collection of property service fees in the case of. Injudicial practice, the most common property services disputes is also required to pay propetryService Corporation sued the owners of properly services disputes, the ownersotfen to have refused to pay property services according to defense, but the evidence isotfen because of a lack of evidence but not supported by the court, so in reality propertydisputes often appear in the property owners refused to pay fees~property companiesProsecution~court for property owners to pay fees--the owners continue to outstandingproperty fees vicious spiral. Thus, although the property services disputes to recover propertyfee to performance, but there are some more legal issues need to be resolved, only theseproblems are solved，property disputes can be resolved. This paper selects a place in Chongqing property services disputes, has the certain representation, the caseitself remained properly services disputes as property companies prosecution as a departmentstore owners pay property fee, but which involves the problem of regional propetrymanagement division, and the establishment of the owners of the Committee ownersCommission. Owners committee election, holding company of property proceduresand methods, can be said to some legal problems otfen occur in property disputes in thiscase are presented. According to the "property law"，"property management regulations" andthe "Chongqing property management regulations" on the propetry management area, theowners of the committee, the relevant provisions of the selected propetry ServiceCorporation to conduct in-depth analysis and research, combined with the reality of thiscase，combined with other areas in dealing with property disputes in the legislative andjudicial status, for many legal problems in property disputes and provides a more effectiveway.