The property management company did not sign a service contract with the owner. Can the owner refuse to pay the property fee?

According to the relevant provisions of the Property Management Regulations, if the owners' committee signs a property management contract with the property management company, the owners shall be bound by it and have the obligation to pay the property fee. If the owners' committee has not signed a property service contract with the property company, but the owners have actually accepted the property service, the owners shall pay the corresponding fees to the property company according to the actual service price.

According to the property management regulations:

Article 34

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 41

The owner shall 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.

Extended data:

According to the Contract Law of People's Republic of China (PRC):

Article 60 Strict performance and good faith

Both parties shall fully perform their respective obligations in accordance with the agreement. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

Article 61 Remedies not clearly stipulated in the contract

After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.

Article 62 Performance when the contract is unclear

If the parties have not clearly agreed on the contents of the contract and cannot be determined according to the provisions of Article 61 of this Law, the following provisions shall apply:

(a) the quality requirements are not clear, in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract. ?

(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions. ?

(3) Where the place of performance is unclear, if payment is made in currency, it shall be performed at the place where the party receiving the currency is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located. ?

(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time. ?

(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract. ?

(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation.

Baidu Encyclopedia-Property Management Regulations