Is it necessary to sign a property contract to pay the property fee?

Paying property fees requires signing a property contract, but the property contract is not signed by the owner and the property. The previous property contract was signed by the developer and the property company. The signing of the house purchase contract by the buyer is also the recognition of the property service contract concluded by the developer before. After the expiration of the contract, the later property contract is generally signed by the owners' committee and the property management company. In property management services, the decisions of the owners' assembly or owners' committee are binding on the owners.

Article 939 of the Civil Code The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 944 1: 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.

Provisions of Civil Code on Property Fees

1. Although there is no property service contract directly signed with the property management company, the owner has to pay the property fee after moving in. According to Article 939 of the Civil Law, the preliminary realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner.

2. The operating income of the public * * * area belongs to all owners. According to the provisions of the Civil Code, after deducting the operating expenses, the proceeds from the public areas of the community will be owned by all owners, and these proceeds can be used to supplement the public maintenance fund of the community. Such as parking fees, advertising and marketing fees, store rental fees, etc.

3. The owner can cancel the property. Article 284th of the Civil Code stipulates that the owner has the right to replace the realty service enterprise or other manager selected by the construction unit according to law.

4. The property protects the personal safety and property safety of the owner. Article 942 of the Civil Code stipulates that the property service provider shall maintain the basic order of the property service area and take reasonable measures to protect the personal and property safety of the owners. Although the current residential management is strict and outsiders are not allowed to enter and leave at will, it is inevitable that there will be theft, which is mostly attributed to the inaction of the property. As long as we strengthen vigilance, patrol and monitoring, we can effectively avoid such problems and better protect the property and personal safety of the owners.

5. The property cannot coerce the owner to pay the property fee by cutting off water and electricity. Article 944 of the Civil Law stipulates that property service providers shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. In the past, many residential properties had this behavior. If the owner defaults on the property fee, it will force the owner to pay the fee by cutting off water and electricity, which will seriously affect the quality of life of the owner.

6. For specific property losses, the owner can find a property guarantee. Article 1254 of the Civil Code stipulates that it is forbidden for others to throw objects from buildings, and building managers such as property service enterprises should take necessary safety measures to prevent such incidents. Those who fail to take necessary safety measures shall bear the tort liability for failing to fulfill their safety guarantee obligations according to law. For example, parking spaces in some communities are open-air and parked downstairs or on the side of the road. If a resident upstairs throws something out of the window, it is easy to hit the car and cause some losses to himself. If you can't identify the infringer, don't worry. Finally, you can ask the property for corresponding compensation.