Is it legal to park the elevator card without paying the property fee?

Using the elevator is the legal right of the owner. It is illegal to stop using the elevator card without paying the property fee! Property service companies use this illegal means to coerce owners to pay service fees, mostly because they fail to fulfill their legal obligations or the fees are not justified (see the article "Service Obligations for Property Management in Residential Quarters" in this number for details).

The owner's failure to pay the property fee may be a breach of contract, but it is not necessarily illegal. In particular, laws and administrative regulations also stipulate that the owner does not have to bear the service fee. For example, Article 273 of the Civil Code stipulates that "the owner shall have rights and assume obligations for the part other than the exclusive part of the building"; Paragraph 2 of Article 41 of the Property Management Regulations stipulates that "the property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit"; Article 22 of the Beijing Property Management Regulations stipulates that "the property fees incurred in the month from the effective date of the preliminary property service contract to the delivery date of the sales house shall be borne by the construction unit. The property fee from the month following the delivery date of the house for sale to the month following the termination of the previous property service contract shall be borne by the owner according to the agreement in the house sales contract; If the house sales contract is not agreed, it shall be borne by the construction unit. "