Why do owners always lose in property contract disputes?

Hello, the property fee dispute can be said to be the most important contradiction in residential quarters at present: some owners-some quarters even reach 50%, and refuse to pay the property fee on the grounds that the service of the property company is not in place or the property is damaged; On the other hand, property management companies reduce the service content and quality on the grounds of insufficient collection of property fees. This contradiction is universal and long-term, and no good solution has been found. Recently, a court reported the recent trial of property fee cases. Of the 8 17 cases of refusing to pay property fees that have been concluded, except for the successful mediation or voluntary withdrawal from the property, the rest 177 cases all ended in the owner's failure.

This is a bit unexpected. Disputes are difficult to mediate, and it is a good choice to resort to legal judgment. The court's decision certainly has sufficient legal basis. Incredibly, all the owners lost the case!

For example, Mr. Zhou of Guzhen Street asked for a property solution because of water seepage in his home. After the property was sent to check, there was no following. He chose the way of refusing to pay the property fee to "defend his rights". The property company repeatedly urged him to go to court. Because there are many reasons for water seepage in the house, it is more complicated to solve. After mediation by the court, the two parties finally reached an agreement, and Mr. Zhou paid the property fee on the spot.

For example, Ms. Tong in the street came home one day and found that her car had scars, which were suspected to have been caused by a collision with other vehicles, so she found a residential property and demanded compensation. However, the property company disagreed with Ms. Tong. Because according to the contract, the property company has no obligation to ensure that the parked vehicles are not scratched and collided. The impatient Ms. Tong simply refused to pay the property fee. The property company sued the court, and the court clearly supported the request of the property company to ask Ms. Tong to pay the property fee, and Ms. Tong lost the case.

Mr. Wang of Han Zong Street refused to pay the property fee on the grounds that his home was stolen. The property company sued the court, and the court ruled that Mr. Wang still had to pay the property fee.

In the case of 177, the specific reasons why the owner lost the case are different, but the fundamental reason is the same: "the owner made a mistake in legal relationship." Whether the owner should pay the property fee, and whether the property company should compensate the owner for property losses or personal injuries. , applicable to two different legal relationships, shall not be deducted without authorization. In other words, it is legal for owners to pay property fees in full and on time, otherwise it is illegal. Should the property company compensate the owner for personal and property damage? Different laws and contracts signed with the owner shall apply. The industry actively does not use the method of refusing to pay property fees to "protect rights". In a dialect, for example, "the red candle is on the carrot account".

The centralized release of the court's verdict on the property fee lawsuit has given us multiple inspirations.

One of the revelations: as an owner, after his own interests are damaged, his rights protection behavior should conform to the legal provisions, and he can't take action only by instinct, so as to avoid the embarrassing ending of "losing his wife and losing his soldiers".

Revelation 2: As a property management company, the owner refuses to pay the property fee. After the negotiation fails, the active response is to resort to the law. At present, some property companies generally adopt the practice of reducing service items and service quality, which will not only bring a vicious circle, infringe on the interests of owners who pay property fees on time, but also put themselves in a passive position of not fulfilling contracts. At this time, if the owner who paid the property fee sued the property company, it would not be the owner who lost the case.

Revelation 3: As the relevant organizations in the community, including neighborhood committees and owners' committees, the most urgent task at present is to publicize the laws and regulations related to property fees to all owners, and at the same time inform them of the ways to reflect and complain when their legitimate interests are damaged, so that their rights protection behavior can abide by the legal rules. The reason why owners always use "refusal to pay" as a means of safeguarding rights is mostly because they don't understand the law, and those who knowingly commit crimes are definitely a minority.

Community is the most basic organization in the city and an important place for citizens to live and relax. Urban residents spend more than 1/2 of their life in the community. Therefore, whether the community can be safe, orderly and comfortable is directly related to the happiness of citizens and social stability. And alleviating the contradiction between owners and property is at least the most important task at present, and all parties concerned should take it seriously.

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