Can the property fee be reduced if the property service is not in place?

Property fees can be reduced or exempted if property services are not in place.

The 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.

If the property company actually fails to perform or fully perform its obligations in accordance with the property contract, such as poor environmental sanitation and insufficient safety measures in the community, it will affect the service quality of the property company and not conform to the stipulations of the property contract. According to the principle of consistency of rights and obligations and the principle of fairness, if the property management company fails to fulfill its obligations and provide corresponding flawless services as agreed in the contract, it certainly cannot enjoy the right to collect corresponding property fees. If the owner has paid the property fee, he may, as appropriate, ask for the return or offset of the later property fee; if he has not paid the property fee, he may ask for the deduction of the property fee as appropriate.

Of course, property fees should match the quality of property services provided by property management companies. If the property management company fails to fulfill its contractual obligations at all, the owner can of course refuse to pay the property fee or ask for a full refund. If negotiation fails, both parties may bring a lawsuit to the people's court.

A realty service enterprise refers to an economic entity with legal person status and providing services in accordance with the realty service agreement. Property service enterprises are for-profit enterprises, and their main obligations are to provide maintenance and management for public facilities and equipment in the property management area, and to maintain environmental sanitation and related order in the property management area. Detailed contractual obligations should be clearly stipulated in the property service contract signed with the construction unit or the owners' committee.

legal ground

property management regulations

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees 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.