Is there a management fee for being expelled from the property?

Yuan Yongjing in Mid-Levels successfully dismissed the old property management company, but an owner was sued by the old property management company for failing to pay the property management fee.

The court ruled that after the property management was notified of dismissal, even if there were still property management facts, the property management fee could not be paid.

In recent years, disputes caused by the handover of old and new property management in residential areas have occurred from time to time, and in this process, whether to pay property management fees is the most concerned, because it is directly related to the economic interests of both parties. A few days ago, Yuan Yongjing in the Mid-Levels, which was widely concerned because of the successful fire fighting of the old property management, once again provided a reference case-an owner was sued by the old property management for failing to pay the property management fee. The court verdict shows that after the property management is notified of dismissal, even if there are still property management facts, the property management fee cannot be paid. According to insiders, this provides a solution for property management disputes. When the property company refuses to quit, the owner has the right not to pay the property fee, and the court will not support the property company to ask for the property fee. Property companies have no economic benefits and will naturally quit.

Photo: Guangzhou Daily reporter Liu Liqin Comics: @ vision china

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The old property management recovered more than RMB 1 1000 from the owner.

In the current property management disputes, the most common is that the owners are dissatisfied with property management and do not pay management fees. A few days ago, the case of Ms. Tang (a pseudonym), the owner of Mid-Levels, was brought to court by the Guangzhou Intermediate People's Court. Unlike the first-instance requirement that Ms. Tang pay all the overdue property management fees, the calculation time of the second-instance property management fees is greatly shortened. A clear message is that after the property management is notified to be expelled, even if there are property management facts, the property management fee can not be paid.

It is reported that due to a property dispute in a residential area, Ms. Tang began to default on the management fee from July 20 12, and was sued by the property to recover the property management fee from July 2065438 +065438 to March 2002, water and electricity sharing and other expenses 1000 yuan. Ms. Tang believes that the community industry Committee signed a contract with the new property management company in September, and the old property management company will not leave after receiving the notice. After that, as the owner, he will no longer pay the property management fee. The property management believes that during the dispute, the resolutions 1 and 2 issued by the industry committee to all owners were revoked by the court and are still under management, so it is reasonable to collect property management fees.

The court held that in September, the community industry committee issued a property management service handover notice to XX Property, informing it that it had hired a new property management service, and handed over the work on June 65438+ 10/day, but XX failed to handle the handover procedures as notified and refused to quit. Although the resolutions 1 and 2 made by the industry committee in June and May of 65438 were revoked, the legal relationship between the community owners and the industry committee is different from that between the industry committee on behalf of the owners and XX Jing, and XX Jing has no right to request to continue to perform the expired contract on the grounds that the resolutions of the owners' meeting were revoked. Therefore, Ms. Tang only needs to pay the property fee and the corresponding late payment fee from April to June10 (the limitation of action has expired before April).

laws and regulations

The Measures for the Administration of Guangzhou Property Service Enterprises' Withdrawal from Property Projects, which came into effect on June 5438+ 10/with a validity period of five years, clearly stipulates that if the old property management company fails to withdraw from the community in time, the owners, the owners' meeting and the newly hired property management company can ask it to withdraw through the district and county real estate administrative departments or judicial channels. If the realty service enterprise refuses to withdraw or hand over and asks the owner to pay the realty service fee after the termination of the rights and obligations of the realty service contract on the grounds that there is a de facto realty service relationship, the owner has the right to refuse.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, "After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to quit and requests the owner to pay the property fee after the termination of the rights and obligations of the property service contract, the people's court will not support it."

statement

Can poor property management refuse to pay management fees?

Owners often refuse to pay management fees because of unsatisfactory property management. In this regard, Lu, a lawyer of Guangdong Law Firm, pointed out that according to the provisions of the Property Law, the Contract Law and the Judicial Interpretation of the Supreme People's Court on the Trial of Property Service Disputes, only when the property service company fails to perform its main contractual obligations, that is, the property service company has a fundamental breach of contract, can the owner refuse to pay the property fee to get the support of the court. As for other disputes, they should be submitted to the owners' committee and the relevant administrative departments of property management enterprises at the owners' meeting, and handled in accordance with relevant laws and regulations, which cannot be the basis and reason for refusing to pay property fees. If the property company unilaterally refuses to pay the property fee for the following reasons, then once the property company files a lawsuit against the owner on the property fee issue, the law will not support the owner, such as: failing to pay the property fee because of not moving in; Failing to pay the property fee because the property management contract has not been signed; Not satisfied with the quality of property services and not paying property fees; Dissatisfied with the property company's use of public area, not paying property fees, etc.

As early as 10 month.

The old property manager was fired.

Yuan Yongjing, located on the west side of Hui Jing New Town, Guang Yuan East Road, Tianhe District, is a small and medium-sized community with more than 700 households.

In 2008, the community established an industry Committee.

On March 30, 20 12, the two-year management contract signed by the industry Committee and XX scene expired. Xjing Property, as the pre-management company selected by the developer, has been managing the community.

In June+10, 5438, due to the unsatisfactory management of the property management company and ineffective communication, the industry committee issued an announcement of the owners' meeting (referred to as 1 resolution), indicating that a written meeting of all owners was organized in April 20 12, and according to the voting results, the property management contract was not signed with XX.

In March, the developer filed a lawsuit, arguing that as the holder of the community public facilities, it is also the owner, questioning the voting result. In September of the same year, the industry committee signed a two-year contract with Shenzhen Fusheng Property Management Company, which won the bid through public bidding, and officially notified XX to leave in June+10, 5438. 10 18 10, the court made a judgment: the resolution 1 was revoked.

2065438+In June, 2004, the developer filed a lawsuit again, demanding to cancel Resolution No.2 of "Authorizing Industry Committee to Bid". In February 65438, the resolution was revoked by Tianhe District Court.

From February 25th, 20 14 to February 25th, 2065 438+04 10, the owners' meeting was held again in Yuan Yongjing, Mid-Levels, which was the first time that the housing management bureau, neighborhood committees and streets participated in the whole process of property rights exchange in Guangzhou. On February 24th, the voting results were announced and the resolution of the management of the Exchange came into effect. By April 10, the handover of new and old property management was successfully completed.