Job Recruitment Website - Property management - Do I have to pay property fees if I don't live in a house?
Do I have to pay property fees if I don't live in a house?
Need to pay; The obligation of the owner to pay the property management fee directly comes from the agreement of the property management contract. Property management companies perform their obligations in accordance with the contract, and the service provided is a public service. The management cost of a community will not be reduced because one or several people don't live here. Although individual owners do not actually live in the residential area, the daily management work of cleaning, security, greening, repair and maintenance of houses and public facilities and equipment in the residential area has been carried out by property management companies, and the workload and expenses have not been reduced. Property management companies perform their obligations based on the contract, and the owners should also perform their obligations to pay management fees according to the contract. According to Article 944 of the Civil Law, the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. , the property service person shall not stop power supply, water supply, heating, gas supply and other ways to urge the payment of property fees. Failure to pay property fees is a breach of contract. After the owner is sued, the court will make a judgment based on the evidence provided by the property. If the property is judged to be successful, the owner must pay the property fee. After the judgment comes into effect, if the owner refuses to perform the judgment voluntarily, the property has the right to request the court to enforce it. If the circumstances are serious, the owner may constitute a crime of refusing to execute the judgment or ruling. (1) Maintenance expenses of public property and supporting facilities, including machines, equipment, machinery and facilities such as external walls, stairs, walkways, elevators (escalators), central air-conditioning systems, fire-fighting systems, security systems, television audio systems, telephone systems, power distribution systems and water supply and drainage systems; (two) the salary of management personnel, including wages, allowances, welfare, insurance and clothing expenses; (3) public utilities expenditure, such as public lighting, fountains, watering grass, etc. ; (4) Expenditure on purchasing or leasing necessary machinery and equipment; (5) Expenditure on property insurance (fire insurance, disaster insurance, etc.). ) and various liability insurance; (six) the cost of garbage cleaning, pool cleaning and disinfection and pest control; (7) Cleaning expenses of public places, curtain walls and walls; (8) The cost of planting flowers and plants in public areas and their maintenance.
Legal objectivity:
In practice, the property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court will not support the owner's failure to pay property fees on the grounds of not enjoying or accepting relevant property services. That is to say, if the owner claims that he has never enjoyed the services provided by the property service enterprise (for example, the owner claims that he has never enjoyed the services because the houses abroad are uninhabited) or does not need to accept the related property services (for example, the owner of the lower floor claims that he has never taken the elevator, etc. ), the court does not support it. Hiring a property service enterprise is the decision made by the owner. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Unless otherwise agreed in the management statute or the realty service contract. Of course, the above is only a general statement at present, and there may be some special regulations in various regions. For example, the newly promulgated "Amendment to the Property Management Regulations" in Shijiazhuang stipulates that if the vacant house is vacant for less than 3 months, no property fee will be paid; Vacant for more than 3 months, pay 20% of the property fee. In the past, most property companies or owners' committees in commercial and residential areas required owners to pay the same standard property fees as permanent residents as long as they had a house with a key in the community. When will the property management fee be collected? 1. The beginning of the owner's occupancy is that the owner goes to the residential property management office to check in, and the owner obtains the key to the new house. Because "sometimes the owner will rent the blank house directly, but in fact, he will have to pay 100% of the property management fee". 2. After the owner goes through the check-in formalities, the property management service fee shall be paid by the owner or user on a monthly basis, and for the owner who has purchased but has not checked in within one year, it shall be paid at 50% of the property management service fee standard. At the same time, in order to avoid some "real estate speculators" leaving their houses idle for a long time, it is stipulated that "those who do not move in after one year will pay the property management fee at 100%". The "Measures" did not clearly define the standard of "occupancy". Personally, I think the owner can't take the key as the boundary, but according to the situation reflected by Ms. Zhang, the house has been renovated, which means that someone is already using the house and starting to enjoy some supporting services in the community, so it is more reasonable to charge 50% of the property management fee. 3. National laws and regulations do not stipulate how often to pay property fees, so you can indicate the payment time of property fees in the signed property management contract. According to the property management regulations, the property management company should check with the developer before handing over the house. After the acceptance, the property management company officially took over the community, so the information and keys of the houses that have been completed and accepted must be handed over to the property management company. 5. After receiving the notice of occupancy issued by the developer, the owner will start to pay the property fee according to the time on the notice of occupancy, and all the expenses and responsibilities of the house after this time will be borne by the owner himself. In other words, from that day on, all the rights and responsibilities of the house belong to the owner. The above is about whether it is necessary to pay the property fee if the house is unoccupied. In fact, the two do not conflict. As long as the house is managed by property, it is necessary to pay the property fee.
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