The property management company has not signed a service agreement, can it charge?

After the property management company provides property management services for the owners, if the owners have no objection, the property management company can charge property management fees even if no contract is signed.

Property service contract is an agreement reached by property service enterprises, property service providers, owners and users of houses (collectively referred to as owners) on the maintenance and management of houses, public facilities and public venues. The two parties to the contract should generally be the owner, the owners' meeting and the property service company. Property construction is completed but not yet sold, the construction unit shall sign a written property service contract when hiring a property service enterprise.

Before the expiration of the preliminary realty service contract, or before the owners' meeting is established and a new realty company is re-hired, the owners who purchase houses and live in the community are bound by the preliminary realty service contract. That is, although the owner has not signed a contract directly with the property company, he should still pay the property fee in full.

Although the owner has not signed a property service contract, he should still pay the property service fee after accepting the property service according to the stipulations of the previous property service contract.

If you are dissatisfied with the service of the property management company, you can also convene the owners of the community to set up the owners' meeting, elect the owners' committee, and select new property management companies to provide property services on behalf of the owners and owners' meeting.

Legal basis:

Property management regulations (revised on 20 18)

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Contract law of the people's Republic of China

Article 36 A written contract shall be concluded in written form in accordance with the provisions of laws and administrative regulations or the agreement of the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established.

Article 37 A contract shall be in the form of a contract. Before signing or sealing, one party has fulfilled its main obligations, and the other party accepts it, and the contract is established.

People's Republic of China (PRC) Civil Code

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.