Can I refuse to pay the property fee if the property is not ready?

Legal analysis: the property management company does not serve as agreed, which is a breach of contract. Owners can refuse to pay property fees, but they must keep relevant evidence to avoid losing the lawsuit. Determine whether the owner has justified reasons to refuse to pay the property fee;

Owners' refusal to pay property fees needs to be justified. In judicial adjudication, we should strictly grasp the identification of legitimate reasons, which are generally limited to the failure of the property service enterprise to perform the property service contract or the serious defects in the performance of the contract.

The explanation does not list what "just cause" is, but gives the judge whether it meets the requirements of "just cause", and the judge exercises his discretion to judge.

From the perspective of contract law, the legal basis of one party's right of defense in a contract is the principle of good faith, and giving one party the right of defense in a contract is the concrete embodiment of the principle of good faith. The guiding role of the principle of good faith in the right of defense is mainly reflected in three aspects:

First, according to the principle of good faith, if the interests of the parties are unbalanced under special circumstances, adjustments should be made to restore the balance of interests, thus maintaining a certain social and economic order.

Second, the principle of good faith requires both parties to the contract to respect each other's interests and establish close cooperative relations.

Third, the principle of good faith allows the parties to exercise their right of defense, but they must not abuse this right. Therefore, in judicial practice, judging whether the owner refuses to pay the property fee is based on legitimate reasons mainly depends on whether the owner refuses to pay the property fee based on the principle of good faith.

Legal basis: Regulations on Property Management

Eighth property management area of all owners of the owners' meeting.

The owners' congress represents and safeguards the legitimate rights and interests of all owners in the property management activities within the property management area.

The first property management area in Kujou Hajime established the owners' meeting.

The division of property management areas should consider facilities and equipment, building scale, community construction and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Eleventh the following matters shall be decided by the owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.