Should the owner pay the property fee if the house is vacant?

After the owner bought the commercial house, the house has been idle and has not moved in. Then, for long-term vacant houses, do owners have to pay property fees? It is understood that many people have misunderstandings about this issue, thinking that only when they enjoy property services can they have the obligation to pay fees. In fact, this is not the case.

Case:

The Lixia District Court of Jinan concluded such a dispute case about the payment of vacant property fees. On June 5438+ 10, 2009, Mr. Qiao, a citizen, bought a house in a prime location in Lixia District, Jinan City for the purpose of investment, and went through the house expropriation formalities on June 20 10, and signed a preliminary property service agreement with the property company. Although Mr. Qiao has received many registered letters from property companies to collect property fees, he has always ignored them. On June 20 12, the property management company sued Mr. Qiao in Lixia District Court, demanding that he pay 70% of the total property management fee, that is, more than 7,000 yuan, and pay a penalty of nearly 10,000 yuan.

Mr. Qiao believes that the house has been idle since delivery. He has never decorated a house, lived or used a house, and has never enjoyed the services provided by a property management company. Therefore, it is unreasonable for the property management company to ask him for property fees and liquidated damages. The property management company believes that although the house is idle, the property management company still provides services for the safety of the house, the maintenance of public facilities, the overall greening and cleaning of the community, so the owner should still pay 70% of the property management fee as agreed and bear the corresponding liability for breach of contract.

How will the court decide? Let's summarize the relevant laws and regulations first.

Property management fees mainly include the following items:

(1) Maintenance fee for public property and supporting facilities; (2) The salary of the hiring manager, including salary, allowance, welfare, insurance, clothing expenses, etc. ; (3) public utilities expenditure, such as public lighting, fountains, watering grass, etc. ; (4) Expenditure on purchasing or leasing necessary machinery and equipment; (5) Expenditure on property insurance (fire insurance, disaster insurance, etc.). ) and various liability insurance; (6) the cost of garbage cleaning, pool cleaning, disinfection and pest control; (7) Cleaning expenses of public places, curtain walls and walls; (8) The cost of planting flowers and plants in public areas and their maintenance; (9) Update the reserve fund, that is, the cost of updating the supporting facilities of the property; (10) Fees for hiring lawyers, accountants and other professionals; (1 1) Holiday decoration expenses; (12) manager's remuneration; (13) administrative office expenses, including miscellaneous expenses such as stationery and office supplies, and public relations expenses; (14) Public TV receiving system and maintenance cost; (15) Other reasonable management expenses.

The "Regulations on Property Management" stipulates the obligations of owners in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (five) to pay the property service fee on time; (six) other obligations stipulated by laws and regulations.

As can be seen from the composition of the above-mentioned property management fees, most of the property management fees belong to the management of all owners and the maintenance of facilities and equipment, mostly for all owners of the whole community, and there is no specific service for one owner. In this sense, the lack of use of the owner's house does not affect the development of services provided by the property management company to the whole community, such as security, cleaning and greening of public land, and maintenance of public equipment. Therefore, the fundamental object of property services is the owner's house, not the owner.

According to the "Implementation Measures for the Management of Residential Property Service Charges in Jinan", "If the house is vacant for more than half a year after delivery, the property service fee shall be paid according to 70% of the property service charge standard after confirmation by the owner or property user and the property service enterprise, unless otherwise agreed in the contract."

It can be said that the provisions of relevant laws and regulations on the payment of property fees for vacant houses are clear and specific, but many citizens mistakenly believe that they should not pay fees without enjoying property services, which is wrong.

(The above answers were published on 20 16-03-06. Please refer to the actual situation for the current purchase policy. )

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