Reply to unpaid property fee

The following is my reply about unpaid property fees. Welcome to read.

Reply to unpaid property fee 1

In the case of the dispute between the Respondent and the Respondent concerning the property service contract, the Respondent hereby pleads as follows according to the relevant laws and facts:

1. Tiandi Ren and the property management company failed to fulfill their obligations stipulated in the Ye Sheng Jiayuan Early Property Management Service Contract, and it was reasonable and legal for the owner to refuse to pay the property fee.

The property service contract is a two-way contract. In property disputes, because the property company fails to perform the contract or there are serious defects in the performance of the contract, the owner can completely refuse to pay the property fee to defend the property service enterprise according to the contract law.

The defendant is a property service company entrusted by the owners and developers of Ye Sheng Jiayuan Community? -The preliminary property management service contract signed by Tiandi Ren and Property Management Co., Ltd. stipulates that the contract period is 3 years (from MM DD YY to MM DD YY).

It is also true that Tiandi people and the company are responsible for the management of the community, the maintenance of houses and public facilities, and the maintenance and management of all greening in the community. Owners do have the obligation to pay property fees, which is reasonable.

However, due to the failure of the property management company to fulfill its contractual obligations, the property management is very chaotic, the private construction in the community is chaotic, the public green space is destroyed and occupied, the environmental sanitation of the community is poor, the drainage is not smooth, the sewage is cross-flowing, and the elevator is not properly maintained, which leads to the elevator running with diseases and frequent failures. The longest power outage lasted for more than a month, which seriously endangered the safety of the owner's life and property. Public security cases in the community occurred frequently ... The owner repeatedly reported to the property management company and relevant departments and it has not been resolved. Therefore, due to the serious breach of contract by the property management company, according to the provisions of the Contract Law, most owners first exercised their right of defense and refused to pay the property management fee, which is completely reasonable and compulsory! Reasonable and legal.

The defendant believes that because the plaintiff has constituted a fundamental breach of contract, the defendant can't achieve the purpose of the contract and exercise the right of defense to perform first according to law.

At the same time, due to the plaintiff's serious breach of contract, the plaintiff was expelled from his home in Ye Sheng by all the owners.

The defendant believes that the focus of the dispute in this case is mainly three points:

First, whether the "Early Property Service Management Contract" between the defendant and Tiandi Ren and the company is valid, that is, whether the defendant is bound by the contract between Tiandi Ren and the company;

The second is whether Tiandiren and the property service company have fully fulfilled their contractual obligations, whether they have seriously breached the contract, and then whether the owners can exercise the right of defense to perform first.

Three. After the expiration of the agreed contract period, will the owner continue to be bound by the previous property management service contract?

The first focus: Is the Entrustment Contract for Early Property Management of Ye Sheng Homeland signed by Yulin Ye Sheng Real Estate Development Co., Ltd. and Yulin Tiandi Renhe Property Management Company valid?

Yulin Housing and Urban-Rural Development Committee's 20XX Reply Opinion: ............................................................................................................................................................. Confirming that Ye Sheng's home has not passed the completion acceptance, which violates the Building Law of People's Republic of China (PRC)? Sixty-first construction projects can be delivered only after they have passed the completion experience; Those who fail to pass the final acceptance or acceptance shall not be delivered for use.

? However, Yulin Ye Sheng Real Estate Development Co., Ltd. not only delivers the property that has not been completed and accepted to the owner, but also gives the property management right to the plaintiff who does not have the property management qualification, which is illegal and violates the prohibitive provisions of the law. According to the fifth paragraph of Article 52 of the Contract Law, the Entrustment Contract for Early Property Management of Ye Sheng Homeland is invalid.

The second focus: because the plaintiff's property management right comes from the authorization of Yulin Ye Sheng Real Estate Development Co., Ltd., but the Ye Sheng Jiayuan Pre-Property Management Entrustment Contract is invalid, the defendant signed with the property management company? Property management service contract? Naturally invalid.

At the same time, because Yulin Ye Sheng Real Estate Development Co., Ltd. hired Yulin Tiandi Ren to sign the preliminary property service contract with the property management company, it did not go to the housing construction committee and other administrative departments for the record. According to the provisions of Article 36 of the Regulations on Property Management in Guangxi Zhuang Autonomous Region, it should also be considered that the preliminary property management entrustment contract for Ye Sheng Homeland is invalid, that is to say, the contract signed by the plaintiff and all owners of Ye Sheng Homeland is invalid. More importantly, as mentioned above, due to the property management company's failure to fulfill its contractual obligations and serious breach of contract, the owner can fully exercise the right of defense of first performance according to the provisions of the contract law. At the same time, due to the invalidity of the contract, the owner can also exercise the right of defense of uneasiness.

The third key point: the property management of the community, the owners can manage it by themselves or entrust others to manage it. After the expiration of the contract stipulated in the Ye Sheng Homeland Pre-Property Management Entrustment Contract, the property company will lose the contractual basis and legal basis for continuing to collect property fees from the owners, and the owners can of course not be bound by the terms of the Ye Sheng Homeland Pre-Property Management Entrustment Contract.

Second, to take 10,000 steps back, even if the contract is valid or the two sides have formed a de facto property management relationship, because the property is publicly owned,

Our company fails to provide services or the services provided are seriously inconsistent? Contract? According to the agreement, based on the judicial interpretation of the Supreme Court, the owner can exercise the right of defense to perform in advance without paying the property fee according to law.

First of all, the owner provided a lot of evidence to prove that the property management company did not fulfill the obligation of elevator maintenance. According to the State Council's Property Management Regulations, it is an important duty of property service management to carry out daily maintenance and management of the used parts and supporting facilities and equipment signed by the defendant Tiandiren and our company? Contract? It also stipulates that the property management company has the obligation to maintain and manage the parts and supporting facilities used by * * *. However, elevators run with faults for a long time and often break down. The longest power outage lasted for more than one month, which seriously endangered the life and property safety of the owners. Property management companies not only severely stipulated the direct law, but also constituted a serious breach of contract.

Secondly, property companies and owners are equal subjects. In actual performance, the property management company should fulfill the service management obligation first, and the owner should pay the property fee according to the agreement, and then charge after the service, instead of charging if the service is not provided, and charging if the service does not meet the agreement. A large amount of evidence submitted by the owner proves that in this case, Tiandi people and the company obviously failed to provide services that meet the industry standards, such as the defendant's own elevator maintenance costs and payment of elevator fees. The property company also stole and forcibly removed the owner's water meter and stopped water supply, which not only caused the owner's economic losses and brought serious inconvenience to life, but also caused serious damage to the green space in the community due to the serious irresponsibility of Tiandi people and the company in the management service of the community. Therefore, the plaintiff was not in general breach of contract, but in serious breach of contract. When the owner fails to perform the agreed obligations or has serious defects in performance, according to Article 67 of the Contract Law, the owner

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes (hereinafter referred to as the Interpretation) stipulates in Article 6? If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it.

Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Therefore, is it a defense to judge whether the owner refuses to pay the property fee? Just because? Is the focus of this case review.

The defendant believes that the property fee is the form of consideration paid by the owner for the services provided by the property service enterprise, which is the material basis for all owners to enjoy the property service. If the property management company is allowed to provide no service or the service is poor, the service fee can also be charged. After the owner exercises the right of defense first, the property company will intensify its failure to perform the contract, and finally use judicial power to force the owner to submit, so that the illegal property company can obtain illegal benefits. If the court simply supports the unreasonable demands of the property management company without fully ascertaining the facts of the case, it is not conducive to the protection of the interests of the owners and does not protect the interests of the owners of vulnerable groups, which is also very unfair. Therefore, we owners don't want the court to be biased, but please ask the court to carefully examine the owner's defense reasons, the real reason why the owner didn't pay the fee, and whether the owner's first defense was justified and reasonable. Is there a major flaw in the performance of the property service contract when the property service enterprise refuses to perform the terms of the property service contract? Make a correct judgment!

Three, the respondent fails to fulfill the obligations of the property service contract, and has no right to ask the plaintiff to pay the property fee.

1. According to the principle of contract relativity, the plaintiff has the right to demand the plaintiff to pay the fees only after performing the services agreed in the contract.

However, if the plaintiff fails to provide evidence to prove that he has fulfilled his contractual obligations, he should bear the legal consequences of not providing evidence, so it can be presumed that the plaintiff has not fulfilled his contractual obligations.

2. In fact, the plaintiff also failed to perform the contractual obligations:

(1) The house is leaking, the management is chaotic, the garbage is not cleaned in time, and the sanitation is not cleaned.

The messy community stalls, the sound played all day, and the' disorderly parking' of cars on the first floor.

(2) Occupy the community maintenance fund account.

(3) Embezzlement of expenses belonging to the owners of the community, including the defendant.

According to Article 70 of the Property Law, the owner has the ownership of the exclusive parts of buildings such as houses and business buildings, and has the right to manage the * * * together with the * * parts other than the exclusive parts. Therefore, operational income in the public areas of the community, such as advertising fees for elevator entrances and exits, advertising fees in the community, (such as banners, LED billboards, advertisements for cars entering and leaving).

(4) The plaintiff only arranged for 20 security guards to sit at the entrance and exit of the residential parking lot and issue key cards. There are two entrances and exits in the parking lot of the community, but the entrances and exits of the community extend in all directions. Twenty security guards just sat at the entrance and exit of the parking lot in three shifts, and only one security guard was arranged on the second floor.

Without a formal security team, security problems are seriously out of control. There have been many cases of theft, loss of goods and vehicles.

⑤ The fire escape in the residential area has been parked by vehicles for a long time without management, and the construction and maintenance in the residential area are improper, which leads to inconvenient access for the owners and messy environment in the residential area. The owners can't stand it. To this end, they repeatedly asked the property management company orally and in writing to rectify, but the property management company delayed again and again and never rectified.

The owner defended his rights on August 1 day of 20XX, but the property management company still managed as usual.

The owner has clearly proposed the specific number of security guards. If the property company denies it, it should provide the contract evidence of hiring security guards and paying wages. If the property company fails to submit or refuses to submit it, it shall bear the legal consequences of false evidence.

Third, whether the owner should bear the responsibility for breach of contract-the problem of late payment.

What if the above property? Contract? Effective, because the format contract provided by the property management company, in which the agreed late fee clause, because the plaintiff failed to fulfill the obligation of explanation, according to the contract law? Article 40 A standard clause is invalid in any of the circumstances specified in Articles 52 and 53 of this Law, or if the party providing the standard clause exempts the other party from its responsibilities, aggravates the other party's responsibilities or excludes the other party's main rights.

?

At the same time, according to the Supreme People's Court's "About Application"

Where the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be regarded as the second paragraph of Article 114 of the Contract Law? The loss is too great.

What does this article mean? The loss is too high? Obviously, this case is clearly defined? Contract? 3. If the proportion of late payment fee of three thousandths per day is too high, the court shall adjust it according to the owner's request and reject the plaintiff's request for late payment fee.

More importantly, the owner's refusal to pay the property fee is entirely caused by the property company's breach of contract, and the owner is exercising the legitimate right of defense, so the owner should not bear the liability for breach of contract, and the liquidated damages are the punishment for breach of contract, so the owner should not bear the obligation of liquidated damages.

4. Part of the property fee requested by the respondent is neither reasonable nor legal.

① Initially, I was told that the water fee and garbage fee would be collected by the relevant units, but there was no power of attorney from the relevant units.

Therefore, it is an invalid agent and the defendant has the right to refuse to admit it.

Moreover, the water fee is not paid by the plaintiff on behalf of the owner, but by the developer.

(2) According to Article 4 of the Administrative Measures for Comprehensive Acceptance of Urban Residential Quarters (that is, the development and construction unit of residential quarters bears the ultimate responsibility for the quality of the developed residential quarters, and shall not deliver houses with unqualified engineering quality or imperfect supporting facilities.

), and whether the project quality is qualified and whether the supporting facilities are perfect mainly depends on whether it passes the comprehensive acceptance.

Because Ye Sheng Jiayuan Community failed to pass the comprehensive acceptance, although the house has actually been delivered for use, it has not been delivered for use today because all supporting facilities and municipal public infrastructure have failed to pass the acceptance.

Therefore, according to Article 42 of the Property Management Regulations (that is, the property that has been completed but has not been sold or handed over to the property buyer, and the property service fee shall be paid by the construction unit), the public facilities and municipal public infrastructure included in the property fee shall be borne by the developer, not the community owner including the defendant.

③ The statute of limitations has expired for the property fees incurred before 20xx1month.

To sum up, the court is requested to reject the plaintiff's claim according to law.

Unpaid property fee reply 2

Interviewee: Han nationality, freelancer,

In order to clarify the facts and clarify the responsibilities, the Respondent hereby puts forward the following defense opinions for the court's reference on the dispute over the property service contract with the Respondent:

1. The Respondent basically has no objection to the factual parts such as the time of house purchase and the time of house collection stated by the Respondent in the complaint, and other matters are inconsistent with the facts, and expresses his knowledge and understanding of the preliminary property service contract signed by the Respondent and the third party in this case.

However, in the absence of any formal contract, it is doubtful that the client and the respondent became the defendants of the previous property service contract. If both parties have no legally binding contract to sign, how to breach the contract? I hope that the respondent will give a reasonable explanation, convince people by reasoning and let the court know.

Article 67 of the Property Management Regulations of the State Council, People's Republic of China (PRC)? In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If the payment is not made within the time limit, the property management enterprise may bring a lawsuit to the people's court? .

Article 67 is actually clear? Can the property directly sue the community owners for arrears? The prerequisites are:

1, the community established an industry Committee; 2. The industry committee has accepted the service quality of the property management company and confirmed that the services provided by the property management company fully meet the standards agreed in the contract;

3. The industry committee has clearly urged the owners? Pay the property fee to the property company in full within a certain period of time according to the standards stipulated in the contract signed between the industry Committee and the property company? ;

4. The deadline for payment stipulated by the industry committee when urging the owner has passed, but the owner? Overdue? .

According to the Contract Law and the Civil Procedure Law, the property management company has the right to sue the owners' meeting on behalf of the developers or industry committees entrusted by it to manage the community, but it has no right to sue individual owners who have no contractual relationship with it.

According to Article 67 of the Property Management Regulations of the State Council, before the establishment of the Property Management Committee, there is no legal basis for the property company to directly sue a single owner.

The preliminary property management contract is signed by the property company and the developer, and the direct prosecution object of the preliminary property company should also be the developer.

After the developer assumes the responsibility, he can ask the owner to share the property management fee according to the relevant agreement in the commercial housing sales contract signed with the owner; But developers must also? Check whether the property management company has provided services that meet the requirements of the contract as agreed in the contract? !

2. The parties in this case purchased the house through pre-sale on xx, XX, XX. At this point, the defendant company was not established. Now, as a new property management company in transition, due to Party A's previous breach of contract in construction (as evidenced by the documents in the attached USB flash drive), the client's understanding of the previous property service contract and related property services has changed greatly. The respondent can think that the evidence has nothing to do with you, but I can remind you whether you considered the risk when you decided to sign the preliminary property service contract with your Party A rashly, because the client thinks there are problems (documents in the U disk and other owners' testimony) on the unit price of property charges, the completeness of supporting facilities, and the standard of community greening, but these are the platforms for the respondent to provide services in the future. When many platforms are missing, lagging or incomplete, it is natural that the property services you provide me are not up to standard.

Of course, I also thank you for actively helping us to go to Party A, our company, and reflect some problems, but it all went away afterwards, which is why most owners and I are not willing to hand over the property fees to you rashly now.

Sure, what did you write in your complaint? Did you fully perform the contract in accordance with the stipulations of the previous property service contract? You can report to your contractor. That's none of my business.

3. The unit price of the respondent's real estate has inflated, which is seriously inconsistent with the services provided.

In the complaint, the respondent claimed that as of February 20XX, the client had accumulated debts of 5,760 yuan, calculated at 2.20 yuan/m2 (construction area). In the year when the house was pre-sold, the unit price of property fees for single-family villas in the market was only around 3 yuan. We all expect to live in an elegant and comfortable community with property services, and your opinion is worthwhile, but the fact is just the opposite.

From the day the customer moved in, there was noise, dust and theft around Building 2-2 day and night, which was a huge construction site. Because Qiao Rong's second-phase site construction is close to the balcony and bedroom window (zero distance), there have been many quarrels and insults with the site construction personnel. Finally, the community security came forward to coordinate, but the good times didn't last long and continued, so we had to call 165438+ at night.

Under such circumstances, who will believe that it can provide the standard service of 2.20 yuan/square meter (building area)?

Later, a security guard at the entrance of Area A in Qiao Rong repeatedly harassed female business owners who returned at night for no reason. After many times, it was also dropped under the so-called coordination of the property company.

The respondent and the developer changed the community public green belt into the parking fee and advertising fee of the community public area without authorization, which is in the interests of the client and the owner, and now it is also suspected of being illegally occupied by the applicant.

In short, for the low-standard and high-priced property services provided by the Respondent, because it is in the early stage of property management and has not signed any effective contract, the Respondent reserves the right to debate, question, postpone payment and provide other owners to testify.

At present, most of the so-called owners who are in arrears are not old owners who don't want to pay property fees, but are unwilling to hand them over to the pre-property company in such an unexplained way according to high standards.

The service provider of any service contract is only? Did you really provide the perfect service according to the requirements of the contract? Can you be eligible to give it to the other party after that? Ask for the corresponding service remuneration agreed in the contract in full? Yes

Individual owners can't accept the service quality of the property management company; The owners' committee is the main body of the property service contract. Check whether the work quality of the property management company and the actual property management fee paid are in line with the contract? Ability and responsibility.

So, 67 will? In particular, it gives the property company the direct right of appeal to a single owner, and at the same time gives the property company this specific right of appeal? Besides? The amount owed by the owners mentioned by the property company must be confirmed by the owners' committee and urged by the owners' committee to pay within a time limit? Such an applicable prerequisite.

Four, in order to safeguard the interests of the respondent and my client, I have several opinions.

First of all, the defendant voluntarily withdrew the prosecution.

Secondly, as soon as possible, together with the developers, support the owners, including developers, to set up the owners' committee in time according to the government regulations and sign the property service contract with the owners' congress. The industry committee urges the owners to sue themselves to meet the preconditions stipulated in Article 67, and completely solve the problem of difficult collection of property fees.

To sum up, the Respondent can only discuss all kinds of problems arising from the Respondent's property disputes on the premise of fairness, justice and reciprocity, and assume their respective responsibilities in strict accordance with the Regulations of People's Republic of China (PRC) Municipality on Property Management and the State Council and other laws and regulations.

Here, the people's court is requested to reject the unreasonable litigation request of the respondent according to law.

I am here to convey

Nan 'an District People's Court of Chongqing Municipality

Respondents:

Xx，XX，XX，XX，XX