最高人民法院发布5起物业服务合同纠纷典型案例

Core Viewpoint - The Supreme People's Court has released five typical cases related to property service contract disputes to guide rational rights protection, maintain social harmony, and unify judicial rules [1] Group 1: Guiding Rational Rights Protection - Property service providers and owners must jointly maintain good property relationships, exercising rights and fulfilling obligations legally [1] - Case one emphasizes that property service providers should not restrict owners' access to facilities like elevators and gates as a means to collect unpaid fees [5][7] - Case two clarifies that owners cannot refuse to pay property fees based on issues not within the service provider's obligations, such as unreasonable design [10][12] Group 2: Strictly Implementing Legal Provisions - The issue of "handover difficulties" after the termination of property service contracts is a common problem leading to disputes [2] - Case three states that if a property service provider refuses to vacate after contract termination, their claim for fees post-termination will not be supported [15][17] Group 3: Unifying Judicial Adjudication Rules - The owners' assembly is a crucial mechanism for owners to exercise collective management rights, and its decisions are legally binding on owners [2] - Case four establishes that property service providers cannot sue to challenge the validity of decisions made by the owners' assembly regarding the appointment of new service providers [20][22] Group 4: Utilizing Circuit Trials to Resolve Disputes - Courts are encouraged to adopt innovative mechanisms for resolving property service disputes, focusing on substantive conflict resolution [3] - Case five illustrates the effectiveness of "circuit trials + demonstration mediation" in resolving over a hundred potential disputes in a community [26][29]