Can the property refuse to pay the property fee if it fails to fulfill its obligations?

In the following eight cases, the owner may refuse to pay the property fee:

1, the collection of property fees should be calculated from the date when the owner receives the notice of repossession, and should not be calculated from the delivery date specified in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period.

2. If the property management company does not sign a contract with the owner, the owner may refuse to pay the property fee.

3. If the property management company requests to pay the energy cost generated by heating, central air conditioning and other power equipment, but it is not within the scope of payment by the owner, the owner may refuse to pay.

4. If the quality of property service is too poor, the owner can temporarily refuse to pay the property fee, but there must be strong evidence to find a substantive solution.

5. When the property provides services not agreed in the contract or agreed by the owner, the owner has the right to refuse to pay the property fee.

6. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization.

7. If the house is not delivered due to quality problems, the property fee shall be paid by the developer.

8. In the case that the property company does not have the original approval document of the price management department, the owner may refuse to pay the property fee.

The scope of use of property fees is as follows:

1, property maintenance;

2. Special management of property;

3. Fire management;

4. Vehicle traffic management;

5. Handling of emergencies;

6. Community culture construction.

Composition of property management fee

The property management fee of commercial housing generally consists of the following items:

(1) Maintenance expenses of public property and supporting facilities, including external walls, stairs, walkways, elevators (escalators), central air conditioning system, fire fighting system, security system, television audio system, telephone system, power distribution system, water supply and drainage system and other machines, equipment, machinery and facilities.

(two) the salary of management personnel, including wages, allowances, welfare, insurance, clothing costs, 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) Cost of garbage cleaning, pool cleaning, disinfection and pest control.

(7) Cleaning expenses of public places, curtain walls and walls.

(8) Flowers and plants planting and maintenance costs in public areas.

(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.

Legal basis:

Article 944 of the Civil Code of People's Republic of China (PRC): The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.