Job Recruitment Website - Property management - What is the impact of being sued by a property company for defaulting on property fees?
What is the impact of being sued by a property company for defaulting on property fees?
Property service fee is the guarantee for the maintenance of various services of property projects, the guarantee for maintaining and increasing the value of property, and the guarantee for the profit and survival of property service companies. How to ensure that the property fees are in place in time and how to urge the arrears of property fees are important issues that every property service company must face.
(a) to adhere to the law-abiding bottom line. Owners often find out all kinds of reasons and excuses for defaulting on property fees, and the most common one is that the service is not in place. Although legally speaking, owners should not claim to default on property fees or ask for discounts on property fees because property services are not in place, in reality, there are indeed many courts that decide to discount property fees because property services companies "do not provide services in place". Therefore, the property service company must first abide by laws and regulations, industry standards and property service contracts to prevent owners from finding defects in the services of the property service company. This is the premise for property service companies to safeguard their own rights and interests.
(2) Be good at signing contracts. In the property service contract, first, clearly stipulate the property service standard to reduce service disputes; Second, it is necessary to stipulate the payment terms of late payment fees for defaulting on property fees, and a certain proportion of late payment fees can play a deterrent role for owners who default on property fees; Third, we must reach an agreement on the solution to the dispute between service and cost. For example, the two sides can make the following agreement: when there is a dispute over the quality of property services, they will hire a third-party appraisal agency to appraise the property services, and the appraisal fee will be borne by the party who first raises an objection to the quality of property services.
(three) through the management statute and the rules of procedure of the owners' congress to limit the rights owed to the owners. With the consent of the owners' congress and the owners' committee, it is stipulated in the management statute and the rules of procedure of the owners' congress that the owners shall not default on the property fees, and if they default, they shall pay a late fee, and limit their right to participate in the owners' committee.
(four) to master the ways and means of urging the payment of property fees. There are many ways of charging, which are also applicable to different arrears. General dunning methods are: 1. On-site dunning; 2. Interview key households; 3. Ask the owners' committee to assist in expediting; 4. Send a written fee reminder notice; 5. Send a lawyer's letter; 6. Apply for arbitration or court proceedings. The above methods of urging fees are applicable to different situations, among which the first three methods are the most commonly used, and most owners can pay property fees after several urging fees or interviews. Therefore, encouraging property service companies to adopt these three ways, that is, the so-called "courtesy before soldiers", is conducive to maintaining the harmonious relationship between property service companies and owners. The latter three methods are somewhat "face-breaking" and should be used with caution. However, for individual car owners, only this method can be effective.
(5) Master certain charging skills. 1. "If you want to take it, you must take it first", that is, you can give gifts (flowers, rice, cooking oil, etc. , starting from the Honeycomb Property Network) Encourage everyone to pay in advance by paying; 2. Pay attention to the timing of dunning fees. For example, in some places, debt collection at home is the most taboo during the Spring Festival, so property service companies had better avoid similar festivals; 3. Make friends with the host. Greeting each other at ordinary times and offering services on their own initiative are conducive to establishing a long-term good relationship with the owners, and may get unexpected results when urging time; 4. Do more community activities and symposiums between owners and property service companies, strengthen communication, and strive for more owners to understand and support the work of property service companies.
(6) Strike "Lao Lai" car owners with an iron fist. This case is a good example. After several reminders, they still refuse to pay the property fee and even refuse to perform the legal documents that came into effect by the court, so the judicial organs will not agree. Under the deterrent of enforcement, Mr. Deng, the owner of this case, finally paid the property fee. The advantage of this practice lies not only in the recovery of the property fees owed by the owner, Mr. Deng, but also in "setting an example", which will also have a deterrent effect on other owners who do not pay fees.
The specific scope of punishment is mainly in three aspects: first, it is forbidden to take a soft sleeper by plane or train; The second is to restrict loans or credit cards in financial institutions; Third, if the person subject to execution is a natural person, he shall not be the legal representative, director, supervisor or senior manager of the enterprise. It can be seen that the state is also increasing the punishment for those who break their promises. Property service companies can strengthen publicity and risk warning in this respect, and urge owners to consciously fulfill their payment obligations.
Legal basis:
"Property Management Regulations" Article 7 Owners shall perform the following obligations in property management activities:
(a) in accordance with the relevant provisions of the state to pay special maintenance funds;
(2) Pay the property service fee on time;
(3) Other obligations stipulated by laws and regulations.
(four) in accordance with the relevant provisions of the state to pay special maintenance funds;
(five) to pay the property service fee on time;
(six) other obligations stipulated by laws and regulations.
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Article 41
The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
- Previous article:What is the telephone number of the sales department of Changshu Aixi Garden?
- Next article:Where is Hangzhou Jinggang International?
- Related articles
- Address of Limin Community in Qin 'an County
- Is it okay to install faucets in private parking spaces?
- Shanghai International Convention and Exhibition Center venue information
- What about the surrounding facilities of Nanchang Vanke Jinyu International Community?
- Where can I get a natural gas card in Zhuangyuebanwan Community, Zhu Xia, wuqing district, Tianjin, and how much is the cost? How much is a word? Office hours! What is the procedure?
- How many forest farms are there in Dunhua Forestry Bureau?
- Where is Yancheng Hall of Fame?
- Is Quanzhou Vanke Jinyu International Worth Buying?
- What about Changchun Yi Ming Elevator Engineering Co., Ltd.?
- What is the surrounding environment of China Resources Oak Bay? Is life convenient?