Can other owners apply to the property company for compensation if the property company defaults on the property fee and heating fee?

The reasons for the owners' default on property fees and heating fees can be summarized into five categories: First, the housing quality problems left by real estate developers have caused conflicts between owners and property service companies, accounting for about 10%- 15% of property disputes. The biggest problem left by the real estate industry to the property service enterprises is the project quality, which exists in almost every community, and from the very beginning, it has buried hidden dangers of disputes and contradictions between property companies and owners. Mainly manifested in the following aspects: the quality of housing projects can not satisfy the owners in the use process, such as cracks on the ground, poor flue, roof or bathroom seepage and so on. However, developers are lazy to fulfill their maintenance obligations, and adopt a first-class, second-class and third-class attitude. After the warranty period expires, they will "dump their burdens". In this way, because the owners can't effectively handle the disputes with the developers, they will vent their grievances on the property service enterprises and defend their rights by refusing to pay the property fees. There is also a situation where developers, due to problems such as honesty, funds or experience, in the process of real estate project development and promotion, in order to establish a so-called market image, exaggerate the functions of their real estate and future property management services, and make false propaganda by any means to achieve the purpose of selling real estate quickly. For example, some communities promised to supply hot water for 24 hours, but it was not delivered, which led the owners to refuse to pay the property fee on this ground. Second, the service quality of property management companies is not up to standard, and the cases of owners resisting non-payment of property fees can account for about 70-80%, which is the most prominent contradiction. During the trial, we found that most of the owners defaulted on the property fees because the property companies failed to fulfill their obligations as agreed in the contract, and the service quality was not up to standard, and they thought that the property companies only charged fees but did not provide services. If there are problems such as poor public security, dereliction of duty in security, damage to owners' property, inadequate maintenance of residential greening, and poor sanitation of corridors and courtyards. Of course, the above excuses of the owners may not be recognized, but the fact is that bicycles and electric cars of some community owners are stolen frequently; It is not uncommon that garbage bins and garbage bins are not cleaned in time, and the corridors are not cleaned for several months or there are sanitary corners; Hospital corridor lighting, street lamp maintenance and replacement is not timely; It is not uncommon for green land to be overgrown with weeds or not watered and trimmed; The maintenance and replacement of dilapidated public facilities and equipment are not timely and so on. Many owners have submitted photos of the current situation of community management to us, which really reflects that the service quality of some of our property companies needs to be improved. In the trial, we also found that individual property companies have poor service awareness, turn a blind eye to the legitimate rights and reasonable requirements of the owners, simplify the handling of problems, and are prone to friction in their dealings with the owners. When the owner needs help, some property personnel take the attitude of shirking or ignoring it; When the property management company requires the owners to fulfill their obligations, many property management personnel work in a simple or even rude way, without considering the feelings of the owners at all, which is easy to arouse the resentment of the owners. Third, the ideological concept is misplaced, and neither the owner nor the property company can put it in a correct position. The problem is solved through consultation. The relationship between the property company and the owner is a service contract, and their legal status is equal. But in reality, some property companies think they are community managers, and the owners are the objects to be managed; And some owners think that they are the masters, and property management companies are their own hired servants. Owners and property management companies have different understandings of the legal relationship between them, which leads to different understandings of rights and obligations. This great difference in concept has led to a great obstacle to mutual communication between the two sides. In fact, this is also the ideological source that it is difficult for property management companies and owners to solve problems through consultation. If we want to solve the problem through consultation, we must straighten out the positions of all parties and straighten out the legal relationship. Fourth, the heating temperature is not up to standard, which leads to the owner refusing to pay the heating fee. Heating quality is a sensitive issue, and charging heating fee can be said to be a very difficult problem for every property company. Due to various factors, the heating fee paid by the owners is a great burden for some families, but what bothers them most is that they can't enjoy the qualified heating service and the heating temperature can't reach the minimum temperature stipulated by the municipal government. Because property companies and heating companies settle accounts according to heat consumption, property companies charge owners according to area. Or for profit-making purposes, some communities do have the phenomenon that the heating temperature is not up to standard, which leads to a large number of owners refusing to pay heating fees as a means of safeguarding rights. In addition, in practice, there are many disputes caused by the heating cost of vacant houses. From the common sense, it is really unreasonable that vacant houses still need to pay heating fees. Moreover, "the house is idle, the heating is on, and the cost is paid", which not only wastes the owner's money, but also wastes the national energy. In order to solve this contradiction, in 2008, the Price Bureau of our city and other three government functional departments issued a document stipulating that "vacant houses that do not need heat for the time being during the winter heating period will be charged 20% of the total amount of heat that should be paid after verification by heating enterprises, heat exchange stations and neighborhood committees". This is an effective measure to benefit the country and the people. It may not be difficult to close the heating valve for residential quarters where heating can be controlled by households. Owners get the maximum benefit, and heating units reduce energy consumption. However, for a large number of old residential areas that use central heating but cannot be controlled by households, how to operate them specifically has caused many disputes because the provisions of the municipal government are too principled and the rights and obligations of owners and heating units are not clear. Fifth, property fees were not paid due to disputes over neighborhood relations, accounting for about 5% of the cases. For example, the owners of the first and second floors of Building No.8 in a residential area, the previous building was illegally built, which affected their lighting. They think that the property company should stop it but ignore it, thus refusing to pay the property fee. There are also cases where the decoration and furniture of the upstairs owners are damaged due to the leakage of heating or pipes. They think that the property company should be responsible for the maintenance, or the upstairs owners will pass the responsibility on to the property company if they don't maintain it, and plead on the grounds of refusing to pay the property fee. First, property companies should strengthen communication with owners, improve service quality and provide standardized services for owners. As we all know, production enterprises often say that "product quality is the life of an enterprise". In fact, this sentence also applies to the property service industry. As early as 2004, the housing management department and the price department of our city formulated the property service standards, which stipulated in detail the property charging standards and the service standards that should be achieved at all levels. In March, 2008, the Basic Service Standard of Residential Property in Shijiazhuang was promulgated, which stipulated in detail the standards of enterprise behavior, system establishment, property service and personnel behavior, and required all property enterprises to meet the above standards within three years. This norm has become the yardstick for the court to measure whether the service of the property company is up to standard when trying property service disputes. Under normal circumstances, property companies should provide four-level services if they charge according to the four-level standard, which is called equality of rights and obligations. It is hoped that the property management company will carefully check and correct itself according to the standards, further standardize services, improve the quality of employees and provide standardized services for owners. With regard to the communication with the owners, we suggest that the property management company publicize the charging grade qualification, the guiding standards of property service charges and the service standards and contents stipulated by the price bureau in the community. On the one hand, it will increase the openness and transparency of the charges, and let the owners know what services the property should provide, and what services the owners put forward, and the property management company has the right to refuse; On the other hand, we can strengthen the owner's supervision of service quality, solicit the owner's opinions regularly, correct the defects and loopholes in their services, and improve the service awareness and quality within the enterprise. The second is to strictly control the delivery of houses and put an end to the hidden dangers of property fees caused by housing quality problems. When trying disputes between owners and property management companies caused by hidden dangers of housing quality, owners often put forward defense opinions on housing quality. Judges will generally tell owners that housing quality problems should be found by developers, and property management companies cannot solve them. However, some developers cancelled their property after development, and some people didn't know where to work. Such an answer cannot solve the fundamental problem. Forcing the owners to pay all the property fees will only make the owners more angry and disgusted, and even lead to group petitions. I hope that enterprises engaged in property services can put themselves in each other's shoes. The owner spent most of his savings and paid hundreds of thousands of loans to the bank to buy a house, and the houses went wrong one after another. If there is a problem, no one can solve it. The property still says that there is a charge. How to make the owner not angry and pay the property fee happily? Generally, commercial housing sales contracts have a housing warranty period, but it is not easy for the owner to find a developer after handing over the house, and the property company has been dealing with the owner, so it is the most convenient and economical for the property company to solve the owner's housing maintenance problem. It is suggested that the property company sign a contract with the developer to maintain the house on its behalf and properly solve the owner's house maintenance problem. Therefore, it is suggested that the property company sign a contract with the developer to clarify the maintenance content and maintenance cost. Three, abide by the integrity, to ensure the quality of heating standards. Although the government has introduced many systems and put forward many requirements, the biggest problem is that the government's supervision is limited and no corresponding sanctions have been formulated. For most property companies, the heating valve may be turned down and the opening time will be shorter, so the profit margin will be greater. Therefore, the property management company is specially reminded that abiding by integrity is the foundation of enterprise survival. Any successful enterprise, an excellent entrepreneur, regards honest management as his life. Besides, the master is not a silent lamb. Owners' awareness of rights protection is getting stronger and stronger. If his rights are not guaranteed, he will definitely fight back in his own way. The most direct way is to refuse to pay the heating fee. This kind of consequences for every property company, are unwilling to see. Litigation, enforcement, etc. One by one, it takes time and effort, and the result may not be significant, but it adds a lot of burden invisibly. It is suggested that the property management company can jointly monitor the heating temperature during the heating period with the representatives of the owners and neighborhood committees. First, we should take the initiative to go to the owner's home for temperature measurement on a regular basis, and ask the owner (or the owner's representative and the staff of the neighborhood Committee) to help sign the temperature measurement record for confirmation; Second, when receiving the owner's complaint, send someone to take temperature measurement in time, find out the reason and solve the problem. Don't ignore it, in that case, the owner is not only cold inside the house, but also cold in his heart. This virtually intensified the contradiction between the two sides, making the owners more firmly join the ranks of arrears. With regard to the heating cost of vacant houses, we believe that the most fundamental solution is that the competent government departments should issue specific implementation measures or detailed rules as soon as possible, clarify the obligations, responsibilities and consequences of all parties in the process of operation and performance, reduce the contradictions and disputes between owners and property management companies, and make the court have evidence to follow when handling disputes, so that the provision of paying 20% heating cost for vacant houses can effectively become an effective measure for energy conservation and emission reduction, and at the same time allow owners to enjoy benefits and promote the harmonious development of society to the maximum extent. Community is an important component cell of society, and the harmony and stability of community is directly related to the harmony and stability of society. Although it is inevitable that individual owners will owe money maliciously in any community, we believe that "people are good." I believe most owners are reasonable. As long as the property management company abides by honesty, reasonable fees and up-to-standard services, as long as the property management company considers the immediate interests of the owners, and as long as the property management company constantly improves its own quality and coordination and communication skills, it is believed that there will be fewer and fewer property service disputes, more and more civilized, peaceful and livable communities and better social environment.