The property maintenance fund was not handed over to the housing management department. Can I complain about the property management company?

Of course, it is possible, but the specific situation is analyzed, such as the principles of mediation and handling of disputes over property management fees:

1. Guide property management enterprises to use proper means to safeguard their rights and interests. Some property management companies will take measures such as cutting off electricity and water, restricting the owners from entering and leaving the property use area, imposing fines on the owners or saying that they will not bear any responsibility for the losses caused to the owners in the process of property management, so as to force the owners to fulfill their obligations of paying property management fees. These practices lack legitimacy and should not be advocated. When mediating such disputes, it should be pointed out to the property management company that if the owner refuses to pay the property management fee in breach of contract, the property management company should take legal measures such as written supervision or public relief to safeguard its legitimate rights and interests, instead of taking the so-called self-help relief by the above improper methods, otherwise it will constitute tort liability.

2. Use "late payment fee" to balance interests. Most property management contracts stipulate that if the owner fails to pay the property management fee, the property company can add a late payment fee according to a certain proportion of the payable fee from the overdue date. In practice, when property management companies advocate property management fees, they often advocate that owners do not pay property management fees and pay late fees. Sometimes, due to the long-term arrears of property management fees by the owners, the amount of late fees is also very high. Therefore, making good use of the "late payment fee" as a "lever" to mediate disputes plays a very important role in balancing the interests of the parties and calming down contradictions.

Specific methods: first, according to the subjective fault degree of the owner's overdue payment of property management fees, the amount owed, whether there are defects in property services, etc. , according to different situations, urge the property company to voluntarily give up part or all of the overdue fine and settle the dispute as soon as possible; Second, combined with the calculated amount of overdue fine, if it has exceeded the principal of the property management fee, it is necessary to guide the property company to give up the overdue fine exceeding the principal to balance the interests of both parties.

3. Distinguish whether there is a legal reason for the owner to refuse to pay the property management fee. There is a certain legal basis for some owners to refuse to pay property management fees. Most of the performance is that the property company fails to perform its contractual obligations or fails to perform its contractual obligations. For example, the cleaning of the community is not in place and the security guards fail to perform their duties, which causes the owners to be dissatisfied and refuses to pay the property management fee. At this time, it should be recognized that according to the provisions of the Contract Law, the owner can exercise the right of defense in contract performance commensurate with the other party's breach of contract, that is, when the property management company fails to perform its obligations or improperly performs its obligations, it can reduce or exempt its obligation to pay property management fees.

However, the extent of the exercise of the right of defense should be comprehensively considered in combination with the content of the property service contract, the actual performance of the property company and whether the property company is at fault. In mediation, on the basis of analyzing the advantages and disadvantages, we should guide the parties to negotiate on their own and find a balance point. If the owner refuses to pay the property management fee without legal reasons, he should do a good job in ideological education so that he can reasonably expect the consequences of his actions and pay the property management fee.