The quality of property service is poor and the attitude is not good. Can I not pay the property fee?

The owner refused to pay the property fee because of quality problems.

Some time ago, the owners of the community next door were very excited, because some owners spontaneously organized more than half of the owners in the whole community to boycott the property management company and refused to pay the property management fee.

The cause of the incident is this: the community delivered the house as scheduled at the end of last year, and the owners happily completed the formalities of closing the house and made preparations for the decoration. Many young people are also planning to use their new houses as their own wedding rooms when they get married in the second half of the year. However, the businessmen's good mood was quickly defeated by the cruel reality. After the renovation began, the professional construction personnel invited by the owner soon found that the wall of the house was deslagging, the decoration paint would fall off when it was heated and wet, and the owner of the top floor found many problems such as roof seepage in rainy days.

It turned out that it was winter when the owner closed the house, and it was summer when the owner renovated it. It is not easy to find hidden problems when it is dry in winter, and the problems of the house are exposed when it is wet and rainy in summer. After one or two families found the problem, other owners didn't care, thinking that the new house had more or less problems, but gradually everyone found that almost every household had some big or small problems.

Both sides have reasons. Who is right?

The owner's first thought is: find a property to solve the problem. Everyone came to the property management company to find a solution. At this time, the property manager stood up and said: the problem of housing quality is the problem of real estate development companies. We are a property management company, not the same company. Therefore, the housing quality problem is not the responsibility of the property management company. You should go to the real estate development company (but now the real estate development company has moved to other cities to continue the construction project).

At this time, the owner said: Isn't there a housing maintenance fund? Now that the maintenance fund has been paid, there is a problem and it should be used. The reply given by the property manager is that the main function of the housing maintenance fund is to maintain and overhaul the public parts of the house, mainly including the roof, external walls, public corridors, stairs, public sewers, roads and other public parts related to the house. Moreover, to use the housing maintenance fund, you need to follow a certain process. First, you should apply to the owners' committee, and get the consent of more than two thirds of the owners, and then go to the administrative department to handle the relevant procedures.

Finally, it will be solved through legal channels!

The owners began to get angry. The house they bought is uninhabitable. Why should I pay you the property fee? So there was a scene at the beginning of the article, and the owner refused to pay the property fee. The owner seems to make sense, and so does the property management company. Don't just freeze all the time?

After several months of stagnation, the property management company sent letters, called and sent people to collect fees. Only a few people almost paid the property fee. In order to operate normally, the property management company can only sue the owners and demand to pay property fees, late fees and legal fees.

Finally, it is considered that the property service contract between the owner and the property management company is valid, and the property management company has provided services (environmental sanitation, security, etc.) to the owners of the community according to the property service contract. ). The owner's property service is defective, which cannot constitute the reason for refusing to pay the property fee. The plaintiff's work should be improved, so the owner cannot refuse to pay the property fee. The property company didn't embarrass the owner, and finally, as long as the property fee is paid, the owner's late payment fee will be exempted.

Owners fight to the end, not only to pay property fees, but also to pay late fees, but also to bear litigation costs. The owners felt that they were shooting themselves in the foot. So how should we solve their problems?

What are the misunderstandings of the owners?

The quality problem of commercial housing belongs to the contract dispute between buyers and developers. Paying property fees belongs to the content of the property service contract between the owner and the property management company, and they are not in a unified legal relationship. Usually, real estate developers and property management service companies belong to two independent legal persons. They only bear the consequences for their legal actions. The owner's housing quality problem should be appealed to the real estate company, specifically, contact the developer to solve it through consultation, and then solve it through legal channels.