Do I have to pay property fees if I don't sign a property service contract?

Yes, according to the relevant provisions of the property management regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. If the owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, the owners should pay the corresponding fees to the property company according to the actual service price as a reward for providing services. Therefore, the owner can't refuse to pay the property fee without signing a property contract or the property company doesn't provide qualification certificate.

Refuse to pay property fees

Only under the following circumstances, the owner can not pay or underpay the property service fee:

(1) Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.

(2) The owner may refuse to pay for the part exceeding the government guidance price.

(3) If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.

(4) If there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

(5) The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.

legal ground

property management regulations

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Contract law of the people's Republic of China

Article 36 A written contract shall be concluded in written form in accordance with the provisions of laws and administrative regulations or the agreement of the parties. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established.

Article 37 A contract shall be in the form of a contract. Before signing or sealing, one party has fulfilled its main obligations, and the other party accepts it, and the contract is established.