Under what circumstances can I refuse to pay the property fee? Good real estate belongs to others.

Some owners have frequent conflicts with the property after moving in, things are lost, the residential environment is poor, and the property service is not satisfactory. Many people are buying houses for the first time, so the focus of attention is often the price, school district, transportation, supporting facilities and so on. The property directly linked to the quality of living in the later period has become a dispensable factor, and often there will be various contradictions with the property after living, so various owners refuse to pay property fees, security guards beat people and other news are constantly on the list.

In fact, everything has two sides. Not all problems are property problems, and not all mistakes are caused by the owners. Before the owner refuses to pay the property fee, it is best to find out under what circumstances it is allowed to refuse to pay.

How can I refuse to pay the property fee?

1. If it does not belong to the scope of payment by the owner, it may refuse to pay;

2. Poor service quality can temporarily refuse to pay;

3. The owner has the right to refuse to provide services without the owner's consent or consent.

If you don't live, you don't have to pay it all.

The normal property fee is paid from the second month of the turnkey, and 70% can be paid after confirmation if you have never checked in after the house is closed; After moving in (including house decoration), but not using the house, it is confirmed that the continuous use will not exceed six months, and the property fee will be paid at 70% from the seventh month.

Safety and compensation

Property contract is not a custody contract, and the loss of property is not all compensation, but only part of the responsibility; If the property company has fulfilled various patrol responsibilities in accordance with the contract, it means that it has fulfilled its management responsibilities and does not need to bear the liability for compensation.

Division of responsibilities

Later maintenance costs are higher. For example, if the roof leaks, repair it ... you must pay. The shelf life of the roof is 5 years. If the owner cannot move in due to water leakage, the developer will bear the property fee.

Nowadays, many properties are decided by bidding, and developers and property management companies are two independent legal persons, which have nothing to do with each other.

Qualifications and services

The qualification of property management enterprises and the service level of property management enterprises are two completely different concepts. First-class qualification does not mean that you can provide first-class service, and the qualification level is not linked to the service provided.

Property service enterprises with third-class enterprise qualifications can also provide first-class standard property services. The key is to confirm whether the service level provided by the enterprise is up to standard.

There are some special circumstances, can I refuse to pay the property fee?

Question 1: Is it reasonable for the owner to refuse to pay the property service fee on the grounds of housing quality, heating and gas?

A: It is unreasonable. According to the Regulations on Quality Management of Construction Projects, the quality warranty system is implemented for construction projects. Housing project quality warranty refers to the quality defects that appear during the warranty period after the completion and acceptance of housing construction projects and are repaired. The construction unit shall perform the warranty obligations, and shall be responsible for the losses caused by the quality defects of housing construction projects within the warranty scope and warranty period. The construction unit and the construction unit shall stipulate the warranty scope, warranty period and warranty responsibility in the warranty. The scope and duration of warranty agreed by both parties must comply with the relevant provisions of the state. In addition, the warranty of commercial housing sold by real estate development enterprises should also implement the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Measures for the Administration of Commercial Housing Sales. If the main project and supporting facilities of commercial housing meet this requirement, it does not belong to the agreed scope of property management services. According to Article 52 of the State Council Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall be responsible for the maintenance of relevant pipelines, facilities and equipment according to law.

Question 2: Do you need to pay the property fee in full for buying an empty house?

A: Property fees mainly include cleaning and transportation, greening maintenance, order maintenance, lighting, ventilation, power supply, water supply and drainage, elevator and other public facilities and equipment operation and maintenance costs.

Property buyers and developers will start to pay property fees as long as they go through the handover procedures and get the keys. The relevant staff said that although there is no house, the maintenance and cleaning costs of the public area where the house is located still exist, and the property fee collection standard is approved by the price department. The property fee of all houses should be collected according to the standard and cannot be higher than the standard approved by the price department.

Question 3: The house is not decorated. Do I have to pay the property management fee before moving in?

Answer: As long as the house has been delivered, no matter whether the owner moves in or not, he has to pay the property management fee, because the property management company has already started to provide services. Property management companies do not serve one or several owners, but provide services for the whole community. The contractual relationship between the property management company and the owners is that of all the owners. Property management fee is necessary for the maintenance of the whole community and the normal and continuous operation of the community, not the operating income of the property company. If one or several owners don't pay the property management fee, it will inevitably lead to the property management fee making ends meet, and the property company can't maintain the maintenance and management of the community due to lack of funds, which will damage the interests of all owners.

(The above answers were published on 20 15-09- 16. Please refer to the current actual purchase policy. )

For more real estate information, policy interpretation and expert interpretation, click to view.