Is the property service contract related to the owner?

1. Is the property service contract signed with the owner?

The realty service contract shall be signed by the owners and the realty company, and may be signed by the owners' committee with the consent of the owners.

Article 937 of the Civil Code stipulates that a property service contract is a contract in which a property service provider provides property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order for the owners in the property service area, and the owners pay property fees. Property service providers include property service enterprises and other managers.

Second, does the owner have the right to view the property service contract?

Yes According to the relevant laws and regulations of our country, the property management company should sign a property service contract with the owner, so the owner has the right to check the property service contract and supervise the property management company to perform the property service contract.

Article 6 of the People's Republic of China (PRC) Property Management Regulations stipulates that the owner of the house is the owner.

Owners enjoy the following rights in property management activities:

1. Accept the services provided by the realty service enterprise according to the stipulations of the realty service contract;

2. Propose to convene a meeting of the owners' congress to make suggestions on matters related to property management;

3. Put forward suggestions on formulating and amending the management regulations and the rules of procedure of the owners' congress;

4. Participate in the owners' meeting and exercise the right to vote;

5. Elect members of the owners' committee and enjoy the right to be elected;

6. Supervise the work of the owners' committee;

7, supervise the realty service enterprise to perform the realty service contract;

8. Enjoy the right to know and supervise the parts, facilities and equipment used in the property and the use of related sites;

9. Supervise the management and use of special maintenance funds for * * * parts and facilities of the property (hereinafter referred to as special maintenance funds);

10, other rights stipulated by laws and regulations.

Article 34 stipulates that the owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

3. Do I have to pay the property fee if I don't sign the property contract?

If the property contract is not signed, the owner will have to pay the property fee.

According to the Property Management Regulations and other relevant regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. Therefore, as long as the industry committee and the property company signed a contract, the owner should pay the property fee.

To say the least, even if the owners' committee did not sign a written property service contract with the property company, but the owners actually accepted the property service, the owners should also pay the corresponding fees to the property company according to the actual service price as compensation for their services.

Therefore, if no property contract has been signed or the property company has actually provided property services, under normal circumstances, the owners also have to pay property fees.

It is worth noting that the industry committee, developer and owner authorized by the owners' congress have not signed a contract with the property company, and if the property company forcibly provides property services after being urged, the owner may not pay the property fee. Because there is no contractual relationship between the two parties at this time, of course, you can not pay the property fee.

Only under the following circumstances, the owner can not pay or underpay the property service fee:

1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.

2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price.

3. If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.

4. If the property has overlord clause, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

5. The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.

Article 15 of the Property Management Regulations stipulates that the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.

Article 15 of the Property Management Regulations stipulates that the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties:

(a) to convene a meeting of the owners' congress and report on the implementation of property management;

(two) on behalf of the owners and the owners of the general assembly to hire property services companies to sign property services contracts;

(three) timely understand the opinions and suggestions of the owners and property users, and supervise and assist the property service enterprises to perform the property service contract;

(four) the implementation of the supervision and management system;

(five) other duties entrusted by the owners' congress.