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What are the classic property cases?
In order to ensure the living environment and home safety of residents when purchasing residential quarters, relevant property services will be provided. In property management, contradictions and conflicts often occur due to the unexpected situation of property management, and there are many classic cases in real life. The following is a classic property case as an example to explain and explain. What are the classic property cases? Case 1: The property requires swiping in and out of the community and does not buy a parking space. Case introduction: If you don't buy a parking space, you won't let the owner's car enter the community. A property management company in a residential area requires car owners to swipe their cards in and out of the residential area, but owners who have not bought parking spaces cannot apply for access cards, so they cannot enter the residential area. For more than ten days, owners who have not bought parking spaces can only park their cars outside the community. Ms. Gao has encountered such a rule. Ms. Gao moved into a newly bought commercial house last year, and the private car has been parked in the community at will. Since last month, the situation has changed, and the property company posted a notice saying that parking fees should be paid for parking in the community. After paying 120 yuan parking fee every month, the property will give an access card, and the owner will drive into the community and punch in directly. If you don't pay, you are not allowed to enter the community from June 10. Ms. Gao is very angry about the practice of the property. She believes that the property management company only carries out some management work within the scope of its duties, and it is "offside behavior" for the owner not to drive into the community. As the owner of the community, Ms. Wang has the freedom and right to enter and leave the community. The practice of the property management company has seriously violated her legitimate rights and interests. The property company argues that this move is mainly to maintain the residential environment and prevent vehicles from stopping. Case study: whether the owner is not allowed to drive into the community and whether the owner buys a parking space are two completely different legal issues. Owners are not allowed to drive into the community, which is definitely wrong. This violates the owner's right to enter and leave freely. Owners who purchase commercial housing also enjoy the right to use the land in the courtyard of the community. Parking space is only an appendage of commercial housing, and the owner owns the commercial housing and is the owner of property rights. The property company did not let the owners drive into the community on the grounds of not buying a parking space, which infringed on the property rights of the owners. If you want to collect parking fees in the community, it should be approved by the industry Committee first, according to the price standard of the price department, and reported to the street office, police station and other relevant departments for the record. If there is no legal owner organization in the community, all owners need to negotiate. It is illegal for a property company to set prices without the owner's knowledge. Case 2: Does the property management company take responsibility for the fall of the community? Case introduction: Xu works in the factory building and walks on the steps leading to the factory building by the freight elevator. That day, the water leakage on the third floor of the factory building just dripped on the steps, and it was frozen because of the cold weather. Xu went up the steps, slipped and fell. Hospital diagnosis: left shoulder humeral fracture with shoulder dislocation. On the day when Xu fell from the building, the property management unit of the factory sent staff to visit. Xu asked the property company to take responsibility for this matter. The property company believes that there is no obligation to bear it. The two sides held their own words and sued the court for the second time. Case analysis: As an employee of the company, the plaintiff should take the pedestrian passage to and from work, walk during the day, see the ice on the steps, foresee the danger of skating, and take the main responsibility for falling. However, as the property management unit of the factory building, the defendant shall be responsible for the maintenance of the supporting facilities of the property company. After receiving the notice of repairing the factory building leakage, it should be repaired in time. However, it failed to provide effective evidence to arrange repairs in time, and failed to clear it in time or take active preventive measures after freezing, and should bear certain responsibilities for the plaintiff's slip and injury. Case 3: Case introduction of property contract dispute: A property management company in a residential area was originally hired by a residential developer, and the owner was dissatisfied with the property management company after moving in. There is a great contradiction between the two sides. The owners' committee decided to dismiss the company, but the company said that it had a management contract with the developer. When the owner bought the house, the contract with the developer stipulated: "Agree to the management of the management company entrusted by the developer". So the owners have no right to dismiss the management company now. The owner claims that the service quality is not good and there is no uniform standard for the service quality of property management, so there is no breach of contract by the property management company. If the owner insists on canceling the contract, he will bear the corresponding liability for breach of contract. To this end, the owner and the property management company are deadlocked and resort to the court. 1. Analysis of legal issues involved in this case. 2. How to solve such disputes. Case analysis: 1, this case involves the legal relationship of property management; 2. The legal relationship of property management is based on agreement entrustment. In the process of property management, the management right of the property management company comes from the authorization of the owner. In the property development stage, the property right belongs to the developer, so only the developer has the right to decide which property management company to invite to participate in the development and the management of the future transition period; After the owner moves into the house, the decision-making power of property management is also transferred due to the transfer of property rights, and the management right or entrusted management right derived from the owner's ownership naturally belongs to the owner. Therefore, after the transition management is completed by the property management company entrusted by the developer, the decision-making power of property management is immediately transferred from the developer to the owner, and the owners' committee can decide whether to renew or hire a better property management company according to the investigation of the property management company hired by the original developer. 3. In this case, the reason why the property management company refused to transfer the management right could not be established. If the owners' committee and the property management company fail to negotiate on their own, they may request the competent government department to conduct administrative mediation or bring a judicial lawsuit. To sum up, from the classic cases of the above property cases, we can see that what is needed in the process of property management is negotiation and cooperation between the two parties. In property cases, disputes caused by building water leakage cases and parking space incidents can be avoided in the process of property management. We only need to find these situations in time and carry out reasonable intermediate coordination to solve the problem.