History of urban real estate

Property prosecution "arrears" owners can not pay property fees without signing a contract? Recently, Beijing Chengcheng Property Management Co., Ltd., the property management company of Beiyuan Jiayuan, sued the owner who refused to pay the property fee. Coincidentally, Beijing Century City Property Management Company had previously brought the owner of 12 to court for urging the payment of property fees, but the owner said that he would not pay the money without signing the contract.

Can the property company sue the "arrears" owners for not signing the contract and paying the property fee? Ms. Zhang, who lives in Beiyuan Jiayuan, recently received two indictments from Beijing Chengcheng Property Management Co., Ltd. (hereinafter referred to as "Chengcheng Property"): one indictment required her to pay the property fees and viewing fees from June 2002 to June 2003. An indictment requires her to pay the heating fee and late payment fee from June 2002 to June 2003 by 165438+ 10. ■ Owner: You don't have to pay the property fee if you don't sign the contract. Ms. Zhang believes that Chengcheng Property has not signed a property management contract with her since June 2002, so she has the right to refuse to pay the property fee. Ms. Zhang told reporters that she moved into Beiyuan Jiayuan on June 3, 2002 and signed a one-year property management contract with Chengcheng Property on the same day. She is not satisfied with some terms, but she can't get the check-in key without signing it. At that time, Ms. Zhang thought that the one-year contract should be corrected when it was renewed. I didn't expect this. Ms. Zhang told the reporter that during the period, she repeatedly requested to amend the unreasonable part of the contract, issue relevant charging basis, and clarify the rights and obligations of both parties, but so far she has not received a reply. She thinks that this behavior of Chengcheng Property actually terminated the entrusted relationship of property management between the two parties? There is no legal and contractual basis for collecting property fees after June 2002. "I didn't sign the contract, why do you want to pay? It's like a person walking in the street, being pulled into a shop and giving him a color TV. Whether you want it or not, you have to pay anyway. " The owner, Mr. Wu, told the reporter that he had not received the indictment, but recently he posted a notice on his door asking him to pay the fee. Mr. Wang believes that the one-year contract signed with the property management company when he checked in has already expired, and the property management company has been reluctant to renew it. Now he can't afford it, because it provides compulsory service, not to mention the quality of the service it provides. The owner, Mr. Wang, thinks that there are many problems in the property company now, which is unacceptable. He personally can't stop the property management company from continuing its service, but he has the right not to renew the contract and pay the property management fee. ■ Property: If the owners are not satisfied, they can choose the property company Beiyuan Jiayuan Chengcheng Property Company through the owners' meeting. Mr. Ma told reporters? At present, there are more than 7,000 owners in the community? Heating costs 86%? Property fee contribution rate of 63%? At present, 56 households have been brought to court, of which 18 households have been settled through court mediation. Mr. Ma told reporters that Chengcheng Property is designated by the developer to carry out preliminary property management for Beiyuan Jiayuan according to relevant laws and regulations, and provide services and charges according to relevant policies. The employees of the company may be mixed, which brings trouble and inconvenience to the owners in the process of managing services. The company has taken active measures to solve this problem. If the owners are not satisfied, they can choose the property company by bidding at the owners' meeting or the industry committee. Mr. Ma told reporters that since property management services are public services, it is impossible to stop services because of personal dissatisfaction. Owners should pay property fees if they actually enjoy the service. ■ Lawyer? Yuan Xiaoyi of Beijing Jing Rui Law Firm believes that from a legal point of view, property companies provide management services for owners? The relationship between the owner and the property management company constitutes a factual management service relationship, and the owner shall pay the corresponding property management fee. If the owner has any objection to the management of the property company, he may bring a lawsuit to the people's court, requesting to terminate the service relationship between the property company and the owner or to terminate the service relationship between the two through the establishment of the owners' committee.

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