Can a property company not pay property fees if it fails to fulfill its obligations?

Of course. If the property service company fails to perform its responsibilities, the owners of the community can unite to exercise their rights through the industry Committee, and even impeach the property and choose the property company that the owners are satisfied with to settle in the management community. According to the latest judicial interpretation, as long as the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management, maintenance and other obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, the owner has the right to sue the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the property service is not in place, the owners can report the situation to the industry committee and negotiate with the property service enterprises, asking the industry committee to strengthen the supervision of the property service, and asking the property enterprises to make rectification within a time limit.

In the following eight cases, the owner may refuse to pay the property fee:

1, the collection of property fees should be calculated from the date when the owner receives the notice of repossession, and should not be calculated from the delivery date specified in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period.

2. If the property management company does not sign a contract with the owner, the owner may refuse to pay the property fee.

3. If the property management company requests to pay the energy cost generated by heating, central air conditioning and other power equipment, but it is not within the scope of payment by the owner, the owner may refuse to pay.

4. If the quality of property service is too poor, the owner can temporarily refuse to pay the property fee, but there must be strong evidence to find a substantive solution.

5. When the property provides services not agreed in the contract or agreed by the owner, the owner has the right to refuse to pay the property fee.

6. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization.

7. If the house is not delivered due to quality problems, the property fee shall be paid by the developer.

8. In the case that the property company does not have the original approval document of the price management department, the owner may refuse to pay the property fee.

Legal basis:

property management regulations

Forty-first property service charges should follow the principles of rationality, openness, and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

property management regulations

Forty-second owners should 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.