Can I refuse to pay the property fee if the supporting facilities of the community are not perfect?

If the community facilities are not perfect, you can refuse to pay the property fee according to law. The main reasons are as follows:

1. According to Article 27 of the Urban Real Estate Management Law, "the design and construction of real estate development projects must conform to the relevant national standards and norms. Real estate development projects can only be delivered after completion and acceptance. " According to Article 16 of the Regulations on Quality Management of Construction Projects, the conditions for the completion and acceptance of construction projects include "completing the design of construction projects and the contents agreed in the contract"; Residential facilities are not perfect, obviously do not have the conditions for completion and acceptance, and shall not be delivered without passing the acceptance according to law.

2, the property service enterprise shall, in accordance with the provisions of the "property inspection measures", focus on the inspection of the property * * * parts, * * facilities and equipment configuration standards; The construction unit shall promptly solve and organize the reinspection of the realty service enterprise; The construction unit shall handle the property handover procedures within 10 days after signing the property acceptance agreement, and hand over the property service house and other property * * * parts, * * facilities and equipment to the property service enterprise. The construction unit and the realty service enterprise shall inform the owners in writing of the records of undertaking the property inspection, and publicize the documents proving that the construction unit handed over the property legally enjoyed by the owners in accordance with the provisions of Articles 27 and 28 of the Property Management Regulations, such as the preliminary realty service contract, the agreement on undertaking the property inspection, and the inspection handover records; Otherwise, according to Article 41 of the Property Management Regulations, the property service fee shall be paid by the construction unit for the completed property that has not been sold or handed over to the property buyer.

3. According to the provisions of Article 10 of the Price Law, the realty service enterprise shall accurately record and verify the service cost, and shall not resort to deceit; According to the provisions of Article 11 of the Measures for the Administration of Property Service Fees, the nine fees that constitute the service fees are directly related to the parts used by the property, the quantity and quality (value) of the facilities. Article 28 of the Regulations on Property Management stipulates that "when a property service enterprise undertakes a property, it shall inspect the parts and facilities of the property"; Property inspection is the main content and key link of property service. The objective and fair test results are the basis for owners to enjoy rights and undertake obligations according to law, and also the basis for property service enterprises to verify service costs and service fees according to law. Because the realty service enterprise fails to fulfill its obligations as stipulated in the Measures for Property Undertaking Inspection, resulting in imperfect residential facilities but illegal delivery; Therefore, the approved service fee lacks legitimacy, and the owner can refuse to pay according to law.

4. In addition to fulfilling the aforementioned obligations, the property service provider shall also fulfill the obligations stipulated in Article 18 of the Regulations on Price Management of People's Republic of China (PRC) (truthfully report the relevant pricing information of the charging items, and implement the service charging standard filing system stipulated by the price department), and disclose the contents listed in Article 6 in accordance with the Provisions on Clearly Marking Property Service Charges; The property service provider fails to provide the above services according to the provisions before charging, and fails to provide services according to the provisions of Articles 938 to 943 of the General Principles of the Civil Law. According to Article 526 of the Civil Code, "if the parties owe each other debts, they shall perform them in sequence, and the party who fails to perform the debts has the right to refuse to perform the request". If the property service provider fails to provide services according to law, the owner has the right to refuse to pay according to law.

5. When the construction unit hands over the property, the outstanding problem is "who owns the parking spaces and garages planned for parking cars in the community". See this article for details.

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