1. After the property service enterprise fails to eliminate the potential safety hazards in the residential area in time, it shall bear the liability for breach of contract and compensate the owners for their losses-Chen Mou Hao v. Nanjing Wuning Real Estate Development Co., Ltd. and Nanjing Qinghe Property Management Co., Ltd. [the Supreme People’s Court Gazette, No.5, 2013].

Essence of the case: The property service enterprise has the obligation to maintain the common part of the community, and the potential safety hazards of the common part of the community that may cause damage to the property of the owners should be eliminated in time, otherwise, the property service enterprise should bear the liability for breach of contract and compensate the owners for their losses. Even if the potential safety hazard is caused by a third party, the property service enterprise cannot be exempted from the liability for breach of contract. If the shared part of the community is damaged to the owner’s property due to the third party’s infringement, the property service enterprise can be responsible for the situation that the property service enterprise has fulfilled its maintenance obligations, and the third party’s infringement is unpredictable and inevitable. After being damaged, the property with greater value may be reduced not only in objective value but also in people’s psychology, which is called value depreciation. According to the theory of liability for breach of contract, the way to assume the liability for breach of contract is to restore the original state first, and restoration will definitely require compensation for the value depreciation of the property. As a seller of commercial housing, a real estate development enterprise has fulfilled its obligations to the owners of the residential area after selling the house and transferring the ownership of the house, and the residential area of commercial housing has been closed, provided that there are no quality defects in the houses sold and the common parts, and does not need to bear the responsibility.

2. In the absence of agreement, some of the profits generated during the property management of the property service enterprises belong to all owners, and the property service enterprises enjoy a certain proportion of profits-Wuxi Chunjiang Garden Owners Committee v. Shanghai Lujiazui Property Management Co., Ltd. and other property management disputes [the Supreme People’s Court Gazette, No.5, 2010].

Essence of the case: According to Article 72 of the Property Law of People’s Republic of China (PRC) (now Article 273 of the Civil Code), the owner enjoys the rights and undertakes the obligations for the common part other than the exclusive part of the building. A total of part of the income generated during the property management of property service enterprises (including pre-property management) shall belong to all owners without special agreement, and shall be mainly used to supplement the special maintenance funds of the community. Property service enterprises can enjoy a certain proportion of income if they manage the common parts.

3. The property service contract signed by the owners’ committee and the property service enterprise selected by the owners’ congress according to law is binding on all owners-Hangzhou Qiantang Property Management Co., Ltd. v. Wang Moufeng [Selected Cases of the People’s Court, No.4, 2015]

Essence of the case: The property service contract signed by the owners’ committee and the property service enterprise selected by the owners’ congress according to law is binding on the owners. The object of property service is all the owners of the community. The objection of individual owners to the performance of the property service contract cannot represent the opinions of all the owners, which is not enough as a reasonable reason for individual owners not to pay property fees.

4. Property handover is the collateral obligation of the property service contract-the case of property service between the owners’ committee of Dayonggu Building in Haicang, Xiamen and Xiamen Haitou Property Company [Selected Cases of People’s Court, No.3, 2010].

Essence of the case: Property handover is an obligation that the property management company must undertake after the termination of the property service contract, which is actually the "incidental contractual obligation" stipulated by law. If the property management company causes damage to the owner in order to fulfill this obligation, it should be liable for compensation. In the early stage of property management, before the establishment of the owners’ committee, the property company should still perform the handover obligation after the termination of the property service contract. At this time, it should hand over the property management to the client, that is, the developer.

5. After the termination of the property service contract, in terms of the return of the archives of the public maintenance fund, the industry committee has the qualification of litigation subject-the case of the property service contract of Xiamen Yihe Building Owners Committee v. Xiamen Haiyi Building Management Co., Ltd. [Case published in "A Summary of Trial Cases in China].

The gist of the case: while safeguarding the interests of all owners, the industry committee can manage and receive the archives of the public maintenance fund on behalf of all owners, and because the archives of the public maintenance fund belong to all owners, the recovery of these archives by the industry committee is to safeguard the owners’ rights and also a manifestation of all owners’ exercise of their rights. In addition, when the property management service contract is terminated, the archives will be handed over to the industry committee for custody, which is also conducive to the transfer of these materials to the new property management company for custody when hiring a new property management company. Therefore, the industry Committee should have the qualification of litigation subject.

6. If the property service enterprise manages the parking spaces shared by the owners of the residential area based on the property service contract, it will not naturally get the right to charge parking fees because of the management behavior-Haian Tianbao Property Co., Ltd. v. Xu Moshu and Yuan Moli [People’s Justice. Case No.29, 2018]

Essence of the case: If the ground parking spaces in the commercial housing community, whether planned or temporary, are set on the ground of the community jointly owned by the owners, there is no special agreement between the developer and the owners, and exclusive property rights cannot be registered. According to the third paragraph of Article 74 of the Property Law (now Article 275 of the Civil Code), they should belong to the owners of the community. It is a contractual obligation for property service enterprises to manage parking spaces in residential areas based on property service contracts, and they are not entitled to collect parking fees because of management behavior. If the charges are neither based on the property service contract nor authorized by the parking space owner, the people’s court shall support the owner’s defense on the grounds of expanding the scope of charges without authorization or charging illegally.

7. When the owners’ meeting is not established, the price standard of property fees unilaterally applied for filing and adjustment by the property service enterprise without consulting the owners is not binding on the owners-Qujing Jiaheng Property Service Co., Ltd. v. Wang Momin and Chen Mou Property Service Contract Dispute Case [People’s Justice. Case No.5, 2018].

The gist of the case: the owner does not directly participate in the conclusion of the preliminary property contract. According to Article 25 of the Property Management Regulations, the house sales contract should include the contents of the preliminary property contract, so the preliminary property contract is transformed into a sales contract and has effect on the owner. At the same time, based on the publicity of property services, the owners usually accept the property services in fact. Before the dispute occurs, the owners may actually pay the property fees, which can be regarded as the owners’ recognition of the contractual relationship with the property service enterprises by their actions. The adjustment of the property fee price belongs to the change of the contract content. Any party who needs to change the contract content must reach an agreement with the other party to the contract through consultation. In the case that the owners’ meeting is not established, the property service enterprise has not consulted with the owners, and the price standard of property fees unilaterally applied for filing and adjustment is not binding on the owners.

8. If the owner has repeatedly parked the vehicle without reasonable persuasion and refused to sign a commitment to abide by the management convention, the property has the right to manage the illegally parked vehicle according to the management convention, and delete the automatic identification information of the vehicle-Zhou et al. v. the property service contract dispute case of the property company [People’s Court reported the 3rd edition on July 23rd, 2020].

Essence of the case: In order to solve the parking dispute caused by too many cars, the property management company formulated a vehicle management convention on the basis of combining the suggestions of the owners and the mediation opinions of relevant departments, and after collecting opinions, it was approved by more than two-thirds of the owners, and the vehicle management convention was binding on the owners of the community. The vehicle driven by the owner has repeatedly failed to park according to the regulations, refused to listen to reasonable and civilized persuasion, and refused to sign a commitment letter to abide by the management convention. In order to ensure the fire safety of the community, the property has managed the illegally parked vehicles according to the management convention and deleted its automatic vehicle identification information. There is no obvious misconduct. The people’s court will not support the owners’ request for the community to restore their right to freely enter and leave the community.

9. The payment of property fees does not depend on the existence of a physical house —— A property service company v. Zhang [People’s Court Daily, 7th edition, December 01, 2011]

The gist of the case: when there is no house on the land occupied by the original house, whether the real estate right holder registered with the real estate registration agency still has the obligation to pay the property fee should be considered from three aspects. First, whether the actual absence of the house affects the owner qualification of the registered right holder; Second, whether the property service contract between the property service enterprise and the owner exists in the relevant period; Third, whether the property service enterprise completes the property service content according to the contract. Although there was no housing entity on the land of the original house involved in the case, Zhang knew it and registered it as the right holder when buying a house. The responsibility was not in the property service enterprise, and the service obligation of the property to the owner did not disappear because the house did not exist. The reduction of property fees is based on the premise that the service is defective. The property company has properly fulfilled its property service obligations, and Zhang, as the owner, should pay the corresponding property fees. The absence of a housing entity cannot constitute a reason for exempting the owner from paying the property fees.

10. How to correctly apply the judgment rule of "the same case and the same judgment" to the group arrears lawsuit filed by the court against the property company after the property company won the "selective arrears lawsuit"-Guangzhou Kequan Property Management Co., Ltd. v. Liu Moujun and Li Mouling [Selected Cases of the People’s Court, No.1, 2012].

Essence of the case: Although "the same case and the same judgment" requires the judicial decision to maintain the horizontal balance and vertical continuation of the decision on the premise of adhering to the concept of integrity, every case should be based on facts and take the law as the criterion, so as to achieve judicial justice. Because the specific circumstances of the litigation before and after the property management company are different, in the trial of a case, we should not be completely bound by the effective judgment, but accurately analyze the specific circumstances of the case, with the main goal of solving problems and resolving contradictions, so as to ensure that the trial of the case has good legal and social effects.

Source | Approaching the Civil Code and the House of Law and Business.

Original title: "10 authoritative cases about property service contract disputes"

Read the original text

Pre-sale of 169,800, the space of the big five seats is pragmatic, and it is necessary to take a clear stance.

With the strong rise of the brand, the whole system of Huawei HarmonyOS Zhixing has gained considerable influence. Nowadays, as long as new products are launched in cooperation with Huawei, they often get high attention. Recently, the brand-new Shangjie H5 jointly built by SAIC and Huawei has started pre-sale. The overall positioning of this model is very pragmatic, and the price strategy also clearly shows its intention to go. In fact, the car did get a lot of orders after the release.

As a new medium-sized SUV, the pre-sale price of the range extender version is 169,800 yuan, and the pre-sale price of the pure electric version is 175,800 yuan. Compared with the product positioning of Wenjie brand, Shangjie brand developed by SAIC is obviously more close to the people. After the official listing, the guide price is usually lower than the pre-sale price. Therefore, the actual price threshold of the car after the official listing is expected to drop to about 150,000 yuan.

In terms of size, Shangjie H5 is not large in Huawei’s HarmonyOS Zhixing system, and it can even be said to be a relatively entry-level SUV in Huawei. However, as a medium-sized SUV, its body length is 4780mm, its width is 1910mm and its wheelbase is 2840mm. Compared with some traditional models such as Toyota, its wheelbase level is equivalent.

In the design of interior space, Shangjie H5 does not pursue too many seats, and the whole department adopts the layout of five seats, which ensures the leg space and comfort of the rear seats. In addition, an entertainment panel can be installed in the back row, which enhances the overall sense of advanced.

In terms of appearance design, Shangjie H5 is different from Wenjie series, the overall shape is more rounded, and the angle of view of the front of the car is obviously inclined and flat. The side design of the car body is simple and attractive, without too many complicated elements, and even retains the traditional door handle instead of the hidden design. The tail is designed with penetrating lighting, and the overall appearance is conservative.

The interior design is consistent with the exterior style, and also pursues simplicity. The front center console is very simple, and almost no extra buttons can be seen. The car system is displayed by a suspended large screen. Thanks to the intelligent performance of Huawei’s HarmonyOS ecosystem, there are many highlights in the car-engine system.

Because the price is close to the people, the power allocation of Shangjie H5 is also pragmatic. Whether it is the range extender version or the pure electric version, the choice of motor is relatively introductory. For example, the range extender version is equipped with a 204 horsepower motor, while the pure electric version is equipped with 245 horsepower, without pursuing high horsepower.

However, the explosive power of the motor is strong, even the 204 horsepower version, the feeling of pushing back in the actual driving experience is more obvious. The range extender version has a pure electric cruising range of 181 kilometers under strict WLTC working conditions, which is enough to meet daily household needs.

The pure electric version has a long cruising range of 655 kilometers, which is in line with the current mainstream cruising level, and can also be competent for long-distance travel occasionally.

The question is coming. Do you think Shangjie H5 is worth buying? Welcome to leave a message in the comment area and discuss it with fans! Take a second to pay attention and make good friends for life! Some pictures come from the internet, so it is not easy to write. I look forward to seeing the officials with one key and three links.

　　CCTV News:According to the WeChat WeChat official account news of the Ministry of Ecology and Environment, the Ministry of Ecology and Environment informed the media of February and January 2023 & mdash; National ambient air quality in February.

　　air qualityOverall situation

　　In February, the average number of days with excellent air quality in 339 cities at prefecture level and above was 83.1%, down 8.3 percentage points year-on-year; The average number of days with severe pollution and above was 1.7%, up 0.6 percentage points year-on-year; The average concentration of PM2.5 was 46 μ g/m3, up 24.3% year-on-year; The average concentration of PM10 was 71 μ g/m3, up 29.1% year on year. The average concentration of O3 was 104 μ g/m3, up 6.1% year-on-year. The average concentration of SO2 was 10 μ g/m3, up 11.1% year on year. The average concentration of NO2 was 28 μ g/m3, up 27.3% year-on-year; The average concentration of CO was 1.1 mg/m3, up 10.0% year-on-year.

　　1— In February, the average number of days with excellent air quality in 339 cities at prefecture level and above was 78.5%, down 3.4 percentage points year-on-year; The average number of days with severe and above pollution was 3.6%, up 1.4 percentage points year-on-year; The average concentration of PM2.5 was 51 μ g/m3, up 8.5% year-on-year; The average concentration of PM10 was 79 μ g/m3, up 19.7% year on year. The average concentration of O3 was 99 μ g/m3, up 6.5% year on year. The average concentration of SO2 was 10 μ g/m3, which was the same as that of the previous year. The average concentration of NO2 was 27 μ g/m3, up 3.8% year-on-year; The average concentration of CO was 1.2 mg/m3, down 7.7% year-on-year.

　　Figure 1 2023 1-mdash; Proportion of days at all levels in 339 cities at prefecture level and above in February.

　　Figure 2 1-mdash in 2023; Concentration and year-on-year change of six indicators in 339 cities at prefecture level and above in February.

　　Key areas

　　(1) Beijing-Tianjin-Hebei and surrounding areas

　　In February, the average number of excellent days in "2+26" cities in Beijing, Tianjin and Hebei and its surrounding areas was 57.9%, down 27.8 percentage points year-on-year; The average proportion of days with severe and above pollution was 4.4%, up 4.4 percentage points year-on-year; The average concentration of PM2.5 was 71 μ g/m3, up 47.9% year-on-year; The average concentration of O3 was 97 μ g/m3, down 4.0% year-on-year. Cities with heavy and above pollution days are Anyang, Puyang, Zhengzhou and other cities. 1— In February, the average number of excellent days was 56.9%, down 6.0 percentage points year-on-year; The average number of days with severe and above pollution was 8.0%, up 3.6 percentage points year-on-year; The average concentration of PM2.5 was 74 μ g/m3, up 8.8% year-on-year; The average concentration of O3 was 91 μ g/m3, down 3.2% year-on-year.

　　The proportion of excellent days in February in Beijing was 67.9%, a year-on-year decrease of 32.1 percentage points; The concentration of PM2.5 was 54 μ g/m3, up 145.5% year on year. O3 concentration was 79 μ g/m3, up 2.6% year-on-year. No serious or above pollution days. 1— In February, the proportion of excellent days was 81.4%, a year-on-year decrease of 10.1 percentage points; The concentration of PM2.5 was 42 μ g/m3, up 23.5% year-on-year; O3 concentration was 75 μ g/m3, down 1.3% year-on-year.

　　(2) Yangtze River Delta region

　　The average number of excellent days in 41 cities in the Yangtze River Delta in February was 92.2%, down 1.5 percentage points year-on-year. There were no serious and above pollution days, which was flat year-on-year; The average concentration of PM2.5 was 40 μ g/m3, down 2.4% year-on-year; The average concentration of O3 was 98 μ g/m3, down 10.1% year-on-year. 1— In February, the average number of excellent days was 85.6%, up 7.0 percentage points year on year; The average number of days with severe and above pollution was 1.1%, up 0.6 percentage points year-on-year; The average concentration of PM2.5 was 47 μ g/m3, down 9.6% year-on-year; The average concentration of O3 was 99 μ g/m3, which was the same year-on-year.

　　(3) Fenwei Plain

　　The average number of excellent days in 11 cities in Fenwei Plain in February was 42.9%, down by 24.0 percentage points year-on-year. The average number of days with severe and above pollution was 8.8%, up 8.8 percentage points year-on-year; The average concentration of PM2.5 was 88 μ g/m3, up 41.9% year-on-year; The average concentration of O3 was 94 μ g/m3, down 5.1% year-on-year. Cities with more days of severe and above pollution are Xianyang, Xi ‘an and Weinan. 1— In February, the average number of excellent days was 42.7%, down 6.0 percentage points year-on-year; The average number of days with severe and above pollution was 13.9%, up 8.5 percentage points year-on-year; The average concentration of PM2.5 was 91 μ g/m3, up 12.3% year on year. The average concentration of O3 was 89 μ g/m3, down 6.3% year-on-year.

　　Figure 3 1-mdash in 2023; Comparison of air quality between China and key regions in February

　　Ranking of key cities

　　In February, among the 168 key cities, 20 cities, including Zhoushan, Haikou and Lhasa, had relatively good air quality (from 1st to 20th). The air quality in 20 cities, including Urumqi, Xianyang and Xi ‘an, is relatively poor (from the last one to the last 20), as shown in Table 1.

　　1— In February, among the 168 key cities, 20 cities such as Lhasa, Haikou and Fuzhou had relatively good air quality (from 1st to 20th). The air quality in 20 cities, including Xianyang, Xi ‘an and Urumqi, is relatively poor (from the last one to the last 20), as shown in Table 2.

　　February and 1— See Table 3 for the cities and specific days with severe and above pollution days in key areas in February.

　　Schedule 1

　　Air quality in 168 key cities in February 2023

　　List of top 20 and bottom 20 cities

　　Schedule 2

　　1-mdash in 2023; Air quality in 168 key cities in February

　　List of top 20 and bottom 20 cities

　　Schedule 3

　　February 2023 and 1— February

　　List of cities with severe and above pollution days in key areas