Can I refuse to pay the property fee if the property service is not in place? Under what circumstances can I refuse to pay?

If the property service is not in place, it is impossible to refuse to pay the property fee, because there is no legal connection between the two, and it is necessary to go to court for relevant litigation to solve it. So today, let's take a look with Bian Xiao to see if you can refuse to pay the property fee if the property service is not in place, and what are the answers to related questions!

1. Can I refuse to pay the property fee if the property service is not in place?

No, when you encounter the problem that the property services provided by the property company are not in place, then you can choose a rational way to protect your rights at this time. First, you can reflect this situation to the community owners' committee and let them talk things over. If there are serious problems in the property services provided by the property company, the owners' committee can also dismiss the original property company through due process according to law and hire a new property company.

Two, only in the following circumstances can refuse to pay property fees.

The owner selects the property management company to pay the property fee according to the property service contract signed by the owners' committee and the owners' congress. Article 7 of the Regulations on Property Management promulgated by the State Council clearly stipulates that it is also a basic obligation of the owners to pay the property service fee on time. Only when the following circumstances occur, the owner can not pay or underpay the property service fee:

1, property management companies take the property management service contract as an example to provide services by themselves. Without the consent of the owners' committee or owners, the owners or users may not pay the fees.

2. Property companies charge the owners related service fees at the government-guided price, and some owners who exceed the guided price can refuse to pay.

3. If it is found that the property management enterprise fails to fulfill the obligations stipulated in the property service contract, the owner may not pay or pay less the property service fee at this time.

4. If it is found that the property management enterprise has raised the charging standard of property services without authorization, the owner may not pay for the part that has been raised without authorization.

5. It is stipulated in the realty service contract that the service shall be provided first, and then the fee shall be charged. At the same time, the property management enterprise has not provided the corresponding service, and the owner may not pay the corresponding service fee at this time.

3. What are the legitimate reasons for refusing to pay the property fee?

The basis for the owners to pay the service fee is the property service contract signed by the property management enterprise selected by the owners' committee and the owners' congress. Article 7 of the Regulations on Property Management promulgated by the State Council clearly stipulates that it is the basic obligation of the owner to pay the property service fee on time. Only under the following circumstances, the owner can not pay or underpay the property service fee:

Property management companies provide their own services other than property management service contracts. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.

The owner may refuse to pay for the part of the property service charge that belongs to the government-guided price.

If the property management enterprise fails to fulfill 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.

If the property has a 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.

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

Seeing this, Bian Xiao believes that you have already understood the relevant knowledge. It is not possible to refuse to pay the fees if the property service is not in place. Only by producing relevant evidence can it be proved.