Job Recruitment Website - Property management - Why do owners have to pay the same amount of property management fees for living and not living?
Why do owners have to pay the same amount of property management fees for living and not living?
Not long ago, the business newspaper reported that "the new house has to pay the full property fee, but the owner sued the property company but lost the case", which triggered a discussion among readers. Many netizens said through the business daily interactive QQ 100860575 that they had the same experience as Miss Shen, and it was unreasonable to pay the property management fee all the time without living in the house they bought. Some netizens also said that the payment of property fees is not based on occupancy. Since I bought a house, I certainly have to pay the property fee. A hotline discussed the support group: since you bought a house, you should pay the property fee for the house you didn't live in. Miss Shen sued the property management company and was eventually defeated by the Shaoxing County People's Court. The court held that the charging behavior was within the agreed scope and there was no illegality. Many netizens expressed their support for such a judgment. Netizen "Bingbingdu" said: Property management is property management, not people. People are not here, the house is here! As long as you buy a house and the property management company looks after it for you, you have to pay. Netizen "North Island" said: Since the agreement signed by the two parties to the housing property transaction has stipulated this, they have to abide by the agreement and pay the property fee. You can't refuse to pay the fee on the grounds of not staying, otherwise it will be a breach of contract. Some netizens joked that those who bought houses but were vacant were generally "rich people" who owned several properties. Since they can afford a house worth hundreds of thousands or even millions of yuan, how can they not pay a few hundred yuan in property fees? Objection: I don't enjoy the property service, and the payment is a bit unfair. Some people support it, others oppose it. Many netizens said that although the two sides signed an agreement in advance, the agreement must comply with laws and regulations. In the agreement signed between the property company and the owner, the relevant clause of "paying property fees and not staying" is suspected of "overlord clause". Netizen "violet in the water": whether to pay the property fee depends first on where the property fee comes from. The property fee is applicable to the expenses of the property unit serving the owners. Since Miss Shen has not checked in, there is no relationship between service and being served, and there is no need to pay at all. Netizen "Ape ~ING": Property fees are used to ensure the health and safety of the community, the smooth roads of the community and the normal operation of public facilities. Because the owner didn't move in and didn't bring health and traffic problems to the property company, there is no need to pay the property fee. Netizen "Really willing": The owner didn't check in and didn't enjoy property management at all, so he shouldn't pay this fee. In the contracts that property management companies often require owners to sign, the clause that "Party B (the owner) has taken over the houses that have not been renovated or occupied, and the property management service fee for vacant motor vehicle parking spaces (garages) shall be paid by Party B to Party A (the property management company) at least 70% of the property management service fee standard within one year" is suspected of "overlord clause". B authoritative statement: housing management office: housing delivery fees are unified throughout the province. "We have also met some citizens like Miss Shen who have raised objections to the' pre-property management fee', but this practice is indeed reasonable and legal, and all property companies are so unified." A related person from the Property Office of the Municipal Housing Management Office said that at present, the property companies in Shaoxing will clearly inform the owners of the charging standard and the starting date in the purchase contract or related agreement. "Generally, the property management service fee will be charged next month after the delivery of the house." The source also pointed out that the reason why property companies have such regulations is mainly because property management is a comprehensive service for the entire community and the surrounding environment of the house. No matter who can't live in the house, the service is always going on. "Even if the house is not sold, property management is going on, but the cost is paid by the real estate company." Lawyer: There is a legal basis for charging property management fees. Since the property management fee for the house that has not been occupied has attracted so many disputes from the owners, are the terms of the agreement signed between the property management company and the owners really suspected of "overlord terms"? Lawyer Shen of Zhejiang Gansheng Law Firm believes that the practice of property management companies has a clear legal basis and does not belong to the "overlord clause". He said that the "Regulations on Property Management in Zhejiang Province" stipulates that owners should consciously fulfill their obligation to pay property management fees from the date they get the house key, that is, after handing over the house, and the price department also recognizes this kind of charging behavior. "It is an objective fact that the property management company manages and serves the house and living environment regardless of whether the owner stays in or not, including the garage mentioned by Miss Shen in the case. As an accessory to the house, although there is no property right certificate, it can't refuse to pay the property fee, let alone default on the property fee. "
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