I didn't sign the property contract. Should I pay the property fee?

The owners' committee has not signed a written property service contract with the property company, but the owners actually accept the property service, and the owners shall pay the corresponding fees to the property company according to the actual service price. Therefore, if the property contract is not signed, or the property company does not provide qualification certificate, it is impossible for the owner not to pay the property fee.

Legal analysis

Property contract is generally a written property service contract concluded between the owners' committee and the property service enterprise selected by the owners' congress. After the owners' committee signs the property management contract with the property management company, it 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, if the property contract is not signed, or the property company does not provide qualification certificate, it is impossible for the owner not to pay the property fee. Only under the following circumstances, the owner can not pay or underpay the property service fee: except as stipulated in the property management service contract, the property management enterprise provides services by itself, and the owner or user can not pay without the consent of the owners' committee or owners' general meeting. The owners may refuse to pay the fees for the property services that are subject to the government guidance price, if the fees exceed the guidance price. 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. If the property has a overlord clause, the owner can refuse to pay. The property fails to perform the contract. However, if the owner actually accepts the property service, he shall pay the corresponding fees to the property company according to the actual service price.

legal ground

"Property Management Regulations" Article 41 The owner shall 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.