Recently, Tongzhou District People's Court announced that, in order to unify "property fees lawsuit" in the owner's waiver criteria, the hospital launched the "doctshanghai real estaterine of precedent" as long as there have been within the district consider reducing property charges precedents, other owners made according to the same standards can be directly reduced, and can reduce it 8% of property charges. The specific mode of operation is, as long as the property owners immediately filed defective service, the court found that the investigation is true, it will reduce it property charges. If the landlord has obtained the same cell property costs reduce it's decision in accordance with the other owners "doctrine of precedent" do not need to give evidence, as long as the waiver are available upon request.
"doctrine of precedent" only with a specific resistance
Beijing Troth Delta Property Management Ltd, who AIWA
This "doctrine of precedent" If it was not appropriate for the entire property industry. Only as a reference method, are applicable only to a specific project and the specific area. Otherwise, it may hinder the development of the property management industry; also owners and property can not fundamentally solve the contradiction between enterprises. In the long run, this is not only a violation of the property interests of the company, but also a greater level of damage to the interests of owners.
This is because every property management company estimates the project will cost, property fee is charged according to cost estimates. Property management directly affect the value of the property improved. If all future property disputes this standard judgment, the property company because he has suffered loss, is likely to reduce costs in order to respond to, over time, will form a vicious cycle that will eventually affect the owners of their own interests.
In fact, property companies and the owners the most fundamental contradiction is the standard of service and charges are not clear. If it is indeed in the process of property management to the owners for management, the losses caused by negligence, the property shall be in accordance with the property management company commissioned by the relevant provisions of the contract and compensation, and expenses on the property can not be arbitrarily reduced accordingly.
"doctrine of precedent" has become the new owners of common rights and remedies channels
owners on behalf of Shu Kexin
This decision not only for the property management fee disputes relief provides a unified standard, but also allows a single owner for the common interests of all owners action request is accepted, common rights and remedies available to owners of the new channel. This will make the owners continue to emerge for the common good activist activists, this is the biggest such principles to bring social benefits.
In fact, the property services business service issues arise, fundamentally speaking, is not only against the interests of individual property owners, but more and more common is the interest of all the owners of the entire community. So that the "doctrine of precedent," the proposed return of the interests of owners themselves. This property services industry, the warning does play a certain role.
On the one hand, if the court ruled in favor of the owners sued, then this "prick" is just, is impartial; the other hand, if the court does not supportshanghai villa the prosecution of the owners, then the property services company's job is to appropriate and in accordance with the interests of owners, which will increase the property services business confidence.
Therefore, whether the abuse of rights owners have no reason prick, the court's final judge is going to make conclusions. But also because of the time commitment necessary for the proceedings and cash cost is not small.
evidence of cross-examination by the court facts of the case and make a decision
Beijing Yi Zhong Wang Jingping lawyer Law Firm
The case concerns two, the first effect is the same residential property matters civil judgment whether the judgment of res judicata course. Effective civil judgment of the case the shanghai apartmentparties are legally binding, parties to the case must be fulfilled. Second, because the country does not implement the case law, the people's court verdict sentencing issues, civil force for third parties outside the case, of course, does not have res judicata.
Secondly, the property services company providing property services in place and so there is no breach of service, the owners have the right to refuse to pay property charges. First, according to the law in force contracts, the contracting parties shall be fully performed under the contract. According to "Supreme Court to hear disputes Property Services Specific Application of Law Interpretation of Several Issues" Article III, Article IV, if the property services business does not perform or incomplete performance of property services contract or law, regulations and relevant industry specification determines the repair, maintenance, management and maintenance obligations, property services business owners the right to request to continue to fulfill commitments and take remedial measures, or payment of damages liability.
Meanwhile, according to the judicial interpretation of Article VI, upon written reminders, the owner who refuses to pay or not within a reasonable period being urged to pay property charges, property owners pay property charges corporate requests, the people Courts should be supported. Property services business has been in accordance with the relevant provisions of the contract and the provision of services, the owners did not enjoy or do not need to accept only related to the defense of property services, the people's court shall not support.
owners and property services companies is the relationship between the service and the service is both a relationship, but also a relationship of interdependence, and only the owners to pay the full fee in the case of property, property management companies can provide better quality services , the two complement each other, mutual restraint. Blue Fang Hai Fang Kang