Law on Punishment of Arbitrary Charges of Property Companies

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes Article 3 If a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as stipulated in the property service contract or determined by laws, regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it. The people's court shall support the owners' request that the realty service enterprise refund the illegal fees charged by them. Therefore, according to the above judicial interpretation, if the owner can ask the property service enterprise to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, and the owner defends the property on the grounds that the owner has not paid the management fee, the owner can plead again on the grounds that the property is illegally charged.

Legal objectivity:

Article 62 of the Regulations on Property Management, in violation of the provisions of this Ordinance and without the consent of the owners' meeting, if the property service enterprise changes the use of the property management premises without authorization, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 6,543,800 yuan to 6,543,800 yuan. Sixty-third in violation of the provisions of this Ordinance, one of the following acts, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting: (1) changing the use of planned public buildings and * * * facilities in the property management area without authorization; (two) unauthorized use of property * * * with parts, * * with facilities and equipment for business. Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.