Ledger of property fee problem

If the property service does not meet the legal requirements and the evidence stipulated in the contract is conclusive, the court may order the owner to pay less or not to pay the property fee.

The court shall check the performance of the property management contract. For the property management company, it should fully fulfill the contents listed in the contract. If the contractual obligations are truly and fully fulfilled, the owner shall pay the property fee. If the property management company only partially fulfills the contract, then the property management company breaches the contract, and the judge should judge the property management company to charge part of the property service fee, and the property management company should bear the liability for breach of contract. Owners can pay less or no property service fees.

The vast majority of property service dispute judgments support the demands of property companies. The main reason for this situation is that the owner's defense evidence of unqualified property services is insufficient.

1. The evidence against the property company is conclusive. A property company suing the owner for paying the property fee only needs to submit the residential property contract and the charging ledger to prove the charging standard and the owner's default on the property fee.

2. It is difficult for the owner to argue that the property service is unqualified. If the owner refuses to pay the property fee, he must prove that the property service is unqualified, including non-compliance with legal provisions, property contracts, management norms of the property industry, etc.

Due to the limitation of energy and objective conditions, owners can't grasp the relevant evidence of unqualified property services, not to mention that most owners usually take a condescending attitude towards property services.

According to the law, the owners' committee can collect information about property services, and the property company should submit service information to the owners' committee. Most of the residential areas where property disputes occur are caused by the inaction of the owners' Committee. Some owners' committees have impure motives when they are elected. They use the rights and status of the owners' committee to recruit property companies to profit from it and turn a blind eye to property services. In the dispute case of property service fee in a residential area in Harbin, the owner asked the owners' committee for the property service contract, and found that the members of the owners' committee had already disappeared.

If the owners want to defend the refusal or underpayment of property fees, they should unite with most owners in the community to collect evidence of unqualified property services according to the contract and service standards.