Job Recruitment Website - Property management - If the property sues the owner, does the owner have to bear the lawyer's fee if he loses?
If the property sues the owner, does the owner have to bear the lawyer's fee if he loses?
What should I do if I lose the property fee dispute?
If the property fee dispute is lost, the owner should pay the corresponding legal fees and property fees. If the owner is sued for not paying the property fee, the court will mediate. If the mediation fails, the owner will be sentenced to pay the property fee and refuse to perform. Property companies can apply for compulsory execution.
Article 286 of the Civil Code: Owners shall abide by laws, regulations and management regulations, and relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.
The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.
If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.
Property service fee is the guarantee for the maintenance of various services of property projects, the guarantee for maintaining and increasing the value of property, and the guarantee for the profit and survival of property service companies. How to ensure that the property fees are in place in time and how to urge the arrears of property fees are important issues that every property service company must face.
(a) to adhere to the law-abiding bottom line. Owners often find out all kinds of reasons and excuses for defaulting on property fees, and the most common one is that the service is not in place. Although legally speaking, owners should not claim to default on property fees or ask for discounts on property fees because property services are not in place, in reality, there are indeed many courts that decide to discount property fees because property services companies "do not provide services in place". Therefore, the property service company must first abide by laws and regulations, industry standards and property service contracts to prevent owners from finding defects in the services of the property service company. This is the premise for property service companies to safeguard their own rights and interests.
(2) Be good at signing contracts. In the property service contract, first, clearly stipulate the property service standard to reduce service disputes; Second, it is necessary to stipulate the payment terms of late payment fees for defaulting on property fees, and a certain proportion of late payment fees can play a deterrent role for owners who default on property fees; Third, we must reach an agreement on the solution to the dispute between service and cost. For example, the two sides can make the following agreement: when there is a dispute over the quality of property services, they will hire a third-party appraisal agency to appraise the property services, and the appraisal fee will be borne by the party who first raises an objection to the quality of property services.
(three) through the management statute and the rules of procedure of the owners' congress to limit the rights owed to the owners. With the consent of the owners' congress and the owners' committee, it is stipulated in the management statute and the rules of procedure of the owners' congress that the owners shall not default on the property fees, and if they default, they shall pay a late fee, and limit their right to participate in the owners' committee.
(four) to master the ways and means of urging the payment of property fees. There are many ways of charging, which are also applicable to different arrears. General dunning methods are: 1. On-site dunning; 2. Interview key households; 3. Ask the owners' committee to assist in expediting; 4. Send a written fee reminder notice; 5. Send a lawyer's letter; 6. Apply for arbitration or court proceedings. The above methods of urging fees are applicable to different situations, among which the first three methods are the most commonly used, and most owners can pay property fees after several urging fees or interviews. Therefore, encouraging property service companies to adopt these three ways, that is, the so-called "courtesy before soldiers", is conducive to maintaining the harmonious relationship between property service companies and owners. The latter three methods are somewhat "face-breaking" and should be used with caution. However, for individual car owners, only this method can be effective.
(5) Master certain charging skills. 1. "If you want to take it, you must take it first", that is, you can give gifts (flowers, rice, cooking oil, etc. , starting from the Honeycomb Property Network) Encourage everyone to pay in advance by paying; 2. Pay attention to the timing of dunning fees. For example, in some places, debt collection at home is the most taboo during the Spring Festival, so property service companies had better avoid similar festivals; 3. Make friends with the host. Greeting each other at ordinary times and offering services on their own initiative are conducive to establishing a long-term good relationship with the owners, and may get unexpected results when urging time; 4. Do more community activities and symposiums between owners and property service companies, strengthen communication, and strive for more owners to understand and support the work of property service companies.
(6) Strike "Lao Lai" car owners with an iron fist. After several reminders, they still refuse to pay the property fee and even refuse to perform the legal documents that came into effect by the court, so the judicial organs will not agree.
To sum up, under this regulation, it is appropriate for the owners to pay the corresponding property management fee, and this property management fee also has certain standards. If the property company collects fees in disorder, the owner can complain to the property management department and some other corresponding departments. However, if the dispute goes to court, the court will mediate first, and mediation fails. If the owner fails to pay the property fee, it will be judged as paying and refusing to perform, and the property company can apply for enforcement.
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